CRC/C/GC/24
(f)
Restraint or force can be used only when the child poses an imminent threat of
injury to himself or herself or others, and only when all other means of control have been
exhausted. Restraint should not be used to secure compliance and should never involve
deliberate infliction of pain. It is never to be used as a means of punishment. The use of
restraint or force, including physical, mechanical and medical or pharmacological restraints,
should be under close, direct and continuous control of a medical and/or psychological
professional. Staff of the facility should receive training on the applicable standards and
members of the staff who use restraint or force in violation of the rules and standards should
be punished appropriately. States should record, monitor and evaluate all incidents of
restraint or use of force and ensure that it is reduced to a minimum;
(g)
Any disciplinary measure is to be consistent with upholding the inherent
dignity of the child and the fundamental objectives of institutional care. Disciplinary
measures in violation of article 37 of the Convention must be strictly forbidden, including
corporal punishment, placement in a dark cell, solitary confinement or any other punishment
that may compromise the physical or mental health or well-being of the child concerned, and
disciplinary measures should not deprive children of their basic rights, such as visits by legal
representative, family contact, food, water, clothing, bedding, education, exercise or
meaningful daily contact with others;
(h)
Solitary confinement should not be used for a child. Any separation of the child
from others should be for the shortest possible time and used only as a measure of last resort
for the protection of the child or others. Where it is deemed necessary to hold a child
separately, this should be done in the presence or under the close supervision of a suitably
trained staff member, and the reasons and duration should be recorded;
(i)
Every child should have the right to make requests or complaints, without
censorship as to the substance, to the central administration, the judicial authority or any other
proper independent authority, and to be informed of the response without delay. Children
need to know their rights and to know about and have easy access to request and complaints
mechanisms;
(j)
Independent and qualified inspectors should be empowered to conduct
inspections on a regular basis and to undertake unannounced inspections on their own
initiative; they should place special emphasis on holding conversations with children in the
facilities, in a confidential setting;
(k)
States parties should ensure that there are no incentives to deprive children of
their liberty and no opportunities for corruption regarding placement, or regarding the
provision of goods and services or contact with family.
G.
Specific issues
Military courts and State security courts
96.
There is an emerging view that trials of civilians by military tribunals and State
security courts contravene the non-derogable right to a fair trial by a competent, independent
and impartial court. This is an even more concerning breach of rights for children, who should
always be dealt with in specialized child justice systems. The Committee has raised concerns
about this in several concluding observations.
Children recruited and used by non-State armed groups, including those designated
as terrorist groups, and children charged in counter-terrorism contexts
97.
The United Nations has verified numerous cases of recruitment and exploitation of
children by non-State armed groups, including those designated as terrorist groups, not only
in conflict areas but also in non-conflict areas, including children’s countries of origin and
countries of transit or return.
98.
When under the control of such groups, children may become victims of multiple
forms of violations, such as conscription; military training; being used in hostilities and/or
terrorist acts, including suicide attacks; being forced to carry out executions; being used as
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