DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
5.5. Material conditions
A. SEPARATION
Are the different groups of children being kept in separate institutions
or part of institutions taking into account their sex, age, criminal
record, legal reason of their deprivation of liberty and the necessity
of their treatment?
ASK: Director | Staff | Children
OBSERVE:
ʺʺ Accommodation, see cells, rooms, dormitories, units, etc.
ʺʺ Crossing points, see hallways, lifts, stairs, transports, etc.
ʺʺ Common areas/Community spaces, see lunch room, library, classrooms, courtyards, sports
hall, visiting room, etc.
CHECK:
ʺʺ Separation, see whether there is a clear separation between children and adults, boys and
girls, older and younger children, untried and convicted children, children with mental
health issues; see whether the separation is not resulting in circumstances that can generate
isolation; see whether it is of the best interest of the child to be separated
ʺʺ Supervision, see whether children are under appropriate supervision when they are mixed
with other groups of children or with adults or when they perform joint activities
Specific group: Foreign nationals children
CHECK:
ʺʺ Family, see whether children in the company of their parents or other close relatives are
separated from them
CRC, 37(c ) | RAJJ 13.4, 26.3 | BOP 8 | RPJDL, III, 17, 28, 29, 53 | RTWP 41.d | SMR 11, 93, 109, 112 |
EPR 12.1, 18.8-9, 21, 35.4, 47, 104.1 | ERJO, 54, 57, 59.1 - 60 | CPT/Inf (1998)12, B., 29 | CPT/Inf (2000)13, 24 |
CPT/Inf (2009)27, IV, 100 | CPT/Inf (2015)1, V, 101-104 | ECtHR, Coselav v. Turkey (1413/07); Mahmundi and
others v. Greece (No 14902/10); Güveç v. Turkey (No 70337/01)
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