DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
Children’s Commissioners / Ombudspersons for Children / National Human
Rights Institutions (NHRIs)
These bodies have a very broad mandate to promote, safeguard and assess the
respect of children’s rights, including the statutory right of monitoring places of
deprivation of liberty where children are held and receiving requests and complaints
from children who are deprived of their liberty and to investigate these.
The depth and frequency of their visits may, however, vary. Moreover, the task of
monitoring children’s facilities is often only one of their many tasks.
As a consequence, the required time, adequate human, material and financial
resources as well as the necessary regularity of the visits are not always devoted
to the monitoring mission of places where children are deprived of their liberty.
Also, visits to such places are often undertaken to investigate specific allegations
and examine an individual complaint rather than to preventively monitor and
assess the overall conditions of deprivation of liberty.
Depending on the situation, some advantageous features of the ombudspersons
and national human rights institutions are the following:
ʺʺ Independent and external
ʺʺ Broad mandate
ʺʺ Specific focus on children
ʺʺ Accessibility
ʺʺ Capacity to perform unannounced visits and large powers of investigation
ʺʺ Public reports to the Parliament (annual and/or thematic)
ʺʺ Authoritative recommendations
ʺʺ Cooperation with other key actors
Special monitoring bodies
In some countries, special monitoring bodies have been set up under a specific
Ministry (e.g. prison monitoring committee, police inspection commission) or
under the Parliament but assigned to certain facilities of deprivation of liberty
(ex: mental health institutions, immigration facilities).
These Committees and Commissions are legally established as external monitoring
mechanisms. Their members are however generally appointed by the relevant Minister.
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