DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide On the contrary, because of their age, level of maturity and psychological fragility, and due to the long term damaging effects of detention on their well-being and development, children are one of the most vulnerable group of persons deprived of liberty. Furthermore, deprivation of liberty frequently intensifies children’s vulnerability to discrimination, abuse, and violence, in too often non-adequate living conditions where accommodation, hygiene, health care and nutrition conditions are not always respectful of human dignity. In this context, the regular and independent monitoring of places where children are deprived of their liberty is essential. The aim of monitoring is both to ensure the proactive respect of the fundamental rights of children by reducing the risk of torture, violence, abuse or any violation of children’s rights (preventive role) and to ensure that all the required safeguards – including the right to complain – are effective to guarantee the enforcement of their rights (protective / investigative role). 1.1. Definitions of key vocabulary Child “A child means every human being below the age of eighteen (18) years unless under the law applicable to the child, majority is obtained earlier.” (CRC, Article 1) For the purpose of this Guide, we will refer to the term “child” rather than “juvenile”, “minor” or “youngster”, even if a young person of 17 years old will not necessarily recognise him/herself in the term “child”. Deprivation of liberty Article 11 of the Havana Rules (RPJDL), Article 4, 2° of the Optional Protocol to the Convention against Torture and other cruel, inhuman or degrading treatment or Punishment (OPCAT) and Rule 21.5 of the European Rules for Juvenile offenders subject to sanctions and measures (ERJO) define deprivation of liberty as “Any form of detention or imprisonment or the placement of a person in a public or private custodial setting, from which this person is not permitted to leave at will, by order of any judicial, administrative or other authority”. 14