DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
3.5. Overview of different monitoring mechanisms
A range of different organisations or bodies may be involved in monitoring facilities
where children can be deprived of their liberty. Each mechanism can provide
different perspectives, vision and functionality as well as complement each other
provided that they communicate and cooperate effectively.
What we see in practice is that there are often many monitoring mechanisms but
little or none solely dedicated to monitoring places where children are deprived
of their liberty or using a child-rights based approach or that have a particular
department or agent specifically assigned to that task.
Yet, the special status of children deprived of their liberty require either a separate
and specific monitoring body or special arrangements within an existing body
to reflect specific needs, particular vulnerability and gravity of rights violations
children may experience in these circumstances.
A. INTERNATIONAL MECHANISMS
International bodies have been established with a mandate to visit all places of
deprivation of liberty – including those where children can be found - and to
report to governments on their findings.
The United Nations: The Sub-Committee on Prevention to Torture and other
cruel, inhuman or degrading treatment or punishment (SPT)
The SPT established under the OPCAT, can carry out regular visits to all places
where people are deprived of their liberty, with no prior authorisation from the
State Party concerned and no prior information regarding its programme of visits.
Afterwards, the SPT provides a confidential report including recommendations to
the State Party concerned and, if relevant, to the NPM. The confidential report can be
published upon the State’s initiative. Recommendations are not binding but States
have to examine them and enter in dialogue in relation with their implementation.
If the State Party refuses to be cooperative, the Committee against Torture may
adopt a public statement or publish the report, at the suggestion of the SPT.
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