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1. INTRODUCTION
“Children deprived of their liberty are at a heightened risk of violence,
abuse and acts of torture or cruel, inhuman or degrading treatment or
punishment. Even very short periods of detention can undermine a child’s
psychological and physical well-being and compromise cognitive development.
Children deprived of liberty are at a heightened risk of suffering depression and
anxiety, and frequently exhibit symptoms consistent with post-traumatic stress
disorder. Reports on the effects of depriving children of liberty have found higher
rates of suicide and self-harm, mental disorder and developmental problems.
The unique vulnerability of children deprived of their liberty requires higher standards
and broader safeguards for the prevention of torture and ill-treatment. Specific
practices and issues, such as segregation, the organization and administration
of detention facilities, disciplinary sanctions, opportunities for rehabilitation, the
training of specially qualified personnel, family support and visits, the availability
of alternative measures, and adequate monitoring and oversight, require specific
attention and modified standards.”
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, Juan E. Méndez A/HRC/28/68 / 5 March 2015
Children’s needs and rights are specific and differ from those of adults. The
acknowledged and well-known harmful effects of the deprivation of liberty on
children imply that the recourse to that measure should be used only as a last
resort. The use of alternative measures to detention should always be given priority.
When deprivation of liberty is imposed as the measure of last resort, it should be
only in exceptional cases; in the best interest of the child, and for the shortest
appropriate period of time. It should aim at educating, rehabilitating and preparing
for the reintegration of children into society. These key principles, enshrined in the
international law, are the prerequisites for any deprivation of liberty of children.
When deprived of their liberty, children are still entitled to all the other rights under
the Convention on the Rights of the Child (CRC) recognised to them. However, the
conditions of and treatment they receive in the places where they are deprived
of liberty do not always fulfill the specific needs and particular rights of children.
This includes access to appropriate education, contact with family and the outside
world, the need for privacy, physical exercises, leisure activities and recreation, right
to health, and access to justice.
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