DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
Parliamentary inspections
In most countries, the elected (EU or national) parliamentarians have the right
to visit any places where people, including children are deprived of their liberty
as part of their function of scrutinizing the executive. Reports summing up their
observations, findings and recommendations are usually made in public session.
As part of their legislative function, they can also use the conclusions of their visit
in the lawmaking process.
Lawyers
As a secondary duty, lawyers may play an informal monitoring role whilst
implementing the right to visit their clients, the right to be contacted anytime
free of charge and without limit by their client, the right to be informed of all the
measures of constraint taken against their client (ex: solitary confinement) and
to assist him/her in these circumstances, etc.
The lawyers’ informal monitoring works best when adequate attention, time and
resources are dedicated to it. It becomes extremely efficient when lawyers report
findings not protected by legal privilege to key recipients or to services that have
the power to intervene and follow up on allegations.
Monitoring bodies making regular visits of monitoring (such as NPMs or children’s
ombudspersons) should – as a matter of good practice – make themselves known
to lawyers to create an effective channel of information sharing between them.
Multi-agency monitoring
Many countries do not just have a single monitoring body but a range of organisations
and agencies that are playing this role, working together to provide comprehensive
oversight of places where children are deprived of their liberty. This is especially
the case of small countries (like Luxembourg) where this model of monitoring is
promoted. In the case of multi-agency monitoring, cooperation between these
bodies is not only an asset but is fundamental for the effectiveness of their mission.
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