International legal standards
relevant to children and young
people in detention
The body of international law relating
to children in detention includes both
guarantees specific to children – such
as the right to be separated from adults
in detention unless it is in his or her
interests not to be – and enhanced
versions of principles applying to
adults, in recognition of children’s need
for special protection and treatment
appropriate to their age. In relation to
the prohibition on torture and cruel,
inhuman or degrading treatment or
punishment itself, it is recognised that
treatment may be cruel, inhuman or
degrading for a child when it would not
necessarily be so for an adult.
The UN Convention on the Rights of the
Child reproduces the UNCAT prohibition
of torture and other cruel, inhuman or
degrading treatment or punishment
(TCIDT), and provides additional
requirements for children in detention
(Article 37):
- Neither capital punishment nor life
imprisonment without possibility of
release shall be imposed for offences
committed by persons below eighteen
years of age
- The arrest, detention or imprisonment
of a child shall be in conformity with
the law and shall be used only as a
measure of last resort and for the
shortest appropriate period of time
- Children in detention shall be treated
in a manner which takes into account
the needs of persons of his or her age.
They shall be separated from adults
unless it is considered in the child’s best
26
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
- 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.
Other UNCRC rights that provide
important safeguards against TCIDT
include: the rights to life and optimal
development; health; not to be
separated from parents unless in the
child’s best interests; freedom from
violence, neglect and abuse; and to
have his or her views heard and given
due weight in all matters affecting him
or her (Articles 6, 24, 9, 12, 19).
Further standards have been developed
in the following documents:
- UNCRC General Comment on the
Treatment of Unaccompanied and
Separated Children Outside their
Country of Origin
- UNCRC General Comment on the
Rights of Children in Juvenile Justice
- UN CRC General Comment on the Right
to Freedom from All Forms of Violence
- UN Rules for the Protection of Juveniles
Deprived of their Liberty
- UN Standard Minimum Rules for the
Administration of Juvenile Justice
(‘Beijing Rules’)
- CPT Standards for Juveniles Deprived
of their Liberty
- Guidelines of the Committee of
Ministers of the Council of Europe
on child-friendly justice.
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