MONITORING METHODOLOGY
ʺʺ The different places where children may be deprived of their liberty, the rules and
regulations that govern these places, the authorities responsible for these institutions,
their capacity, their regime, the status and different groups of children deprived of
their liberty within these places, etc.;
ʺʺ The different monitoring bodies operating in these different places where children are
deprived of their liberty; their mandate; the extent of their powers; their composition;
the date of their last visit; the content of their latest reports and recommendations
See – Section 3.5. – p.40;
ʺʺ Information on practice and on specific incidents (research, media).
B. DEFINING MONITORING OBJECTIVES
On the basis of their mandate and the rationale of their function, monitoring bodies
shall define clear goals and objectives to their visits.
In general, due to the guiding principles (CRC, article 37) that deprivation of liberty
of children should be a last resort measure, that can only take place in exceptional
cases, with due respect of the best interest of the child and for the shortest possible
time, the objectives of the monitoring of places of deprivation of children may be to:
ʺʺ Ensure that the deprivation of liberty of children is implemented in conditions
respectful of human dignity, safeguarding children’s physical and mental integrity
and in compliance with all the rights granted to children by the related international,
regional and national standards;
ʺʺ Ensure that the objectives assigned to the deprivation of liberty of children, namely
education, rehabilitation and reintegration into society are effectively pursued, and
that adequate financial and human resources are devoted to that purpose and to
post-release care and assistance;
ʺʺ Ensure that in case of violation or abuse of their rights, children deprived of liberty
can effectively have access to legal assistance and to effective complaint mechanisms;
ʺʺ Ensure and reinforce the enforcement of the right of the child to participate – the right
to express their views in all matters affecting them, and that those views are heard
and given due weight in accordance with the child’s age and maturity.
While defining its goals and objectives, each monitoring body must be realistic
as to what can realistically be achieved.
49
4
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents