CHILD SPECIFIC INDICATORS OF VISIT
Do the disciplinary procedures provide sufficient guarantees and
safeguards to the child?
ASK: Director | Staff | Children
CHECK:
ʺʺ Notification, see whether the lawyer / legal assistant of the child has been notified of
disciplinary measures taken
ʺʺ Accessibility, see whether children have unrestricted access to their lawyer/counsel, whether
they had the opportunity to meet, whether the lawyer / legal assist was present when the
child has been heard by the competent authority
ʺʺ Medical assistance, see whether children have access to a health professional and to a
psychologist
ʺʺ Review, see whether disciplinary measures are subject to regular review, how often and
by whom
ʺʺ Procedures, see whether disciplinary procedures comply with the presumption of innocence
principle and with the adversarial principle; see whether the child and all the stakeholders
had the opportunity to be heard about the misconduct concerned by an impartial authority,
see whether a decision is taken by the authority after thorough examination of the case
ʺʺ Right to defence, see whether it includes the right to complain and the right to appeal to
an independent authority, see the conditions (delays, means, etc.)
ʺʺ Recording, see whether there are complete records of all disciplinary proceedings and
measures/sanctions (dates, facts, justifications, interviews, investigation, decision, appeal,
notifications, etc.)
ʺʺ Complaint, see whether the child has lodged any (formal or informal) complaint about
disciplinary measures/sanctions
5
CRC 37 (d), 40§2(b)ii | RAJJ 7.1 | BOP 7 | RPJDL, 68, 70 | CRC - GC No 10, §12, §89 |
SMR 41, 54-57 | EPR 58, 59, 61 | ERJO,93.2, 94.2, 94.3, 94.4
115
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