Every child deprived of liberty shall be treated with humanity and respect for the
inherent dignity of the human person, and in a manner which takes into account
the needs of persons of his or her age. In particular, every child deprived of liberty
shall be separated from adults unless it is considered in the child’s best interest
not to do so and shall have the right to maintain contact with his or her family
through correspondence and visits, save in exceptional circumstances; (Article
37 (c) CRC)
Every child deprived of his or her liberty shall have the right to prompt access
to legal and other appropriate assistance, as well as the right to challenge the
legality of the deprivation of his or her liberty before a court or other competent,
independent and impartial authority, and to a prompt decision on any such action.
(Article 37 (d) CRC)
States Parties recognize the right of every child alleged as, accused of, or
recognized as having infringed the penal law to be treated in a manner consistent
with the promotion of the child’s sense of dignity and worth, which reinforces
the child’s respect for the human rights and fundamental freedoms of others
and which takes into account the child’s age and the desirability of promoting
the child’s reintegration and the child’s assuming a constructive role in society.
(Article 40 (1) CRC)
To this end, and having regard to the relevant provisions of international
instruments, States Parties shall, in particular, ensure that: (Article 40 (2) CRC)
No child shall be alleged as, be accused of, or recognized as having infringed the
penal law by reason of acts or omissions that were not prohibited by national or
international law at the time they were committed; (Article 40 (2) (a) CRC)
Every child alleged as or accused of having infringed the penal law has at least
the following guarantees: (Article 40 (2) (b) CRC)
To be presumed innocent until proven guilty according to law; (Article 40 (2) (b)
(i) CRC)
To be informed promptly and directly of the charges against him or her, and, if
appropriate, through his or her parents or legal guardians, and to have legal or
other appropriate assistance in the preparation and presentation of his or her
defence; (Article 40 (2) (b) (ii) CRC)
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