DEPRIVATION OF CHILDREN’S LIBERTY
Administrative detention may also be used to deal with children in conflict with the
law. Children may also be moved from one context to the other. This can for example
happen for migrant children who end up in the criminal justice system or children
who are diverted from the criminal justice system to the child protection system.
In addition, there are differences between facilities that have been specifically
designed for children and facilities that are not, and between facilities that are
run publicly or privately.
The Havana Rules (RPJDL) state that deprivation of liberty can be decided “by order
of any judicial, administrative or other public authority”. In practice, the deprivation
of liberty can be ordered by:
ʺʺ Courts or (juvenile) judges or other judicial authorities;
ʺʺ Police or law enforcement officials;
ʺʺ Public prosecutions services;
ʺʺ Administrative authorities, such as immigration services, border police, the military or
security forces or private companies designated with public tasks and duties;
ʺʺ Medical doctors, psychologists, social workers, child care and protection boards,
youth care organisations, special commissions drawn up to decide on placement in
educational or rehabilitation centres.
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