CHAPTER 4
RIGHT TO PERSONAL LIBERTY
interest of children to be kept together with their parents. Article 37(c) also adds the right
of detained children to maintain contact with their families through correspondence and
visits, which is in line with the obligation of States under Article 9 CRC to ensure that a child
shall not be separated from his or her parents against their will, and with the principle that
parents have the primary responsibility for the upbringing and development of the child, as
provided for in Article 18 CRC. These principles must also be taken into consideration when
parents of small children are imprisoned.
6. Legal Safeguards
Article 37(d) provides that every child deprived of liberty, for whatever reason, 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. This right to habeas corpus proceedings, which follows from the general provision
of Article 9(4) ICCPR and applies to every form of deprivation of liberty, is particularly
important for children. If States, as an exceptional measure of last resort, decide to arrest
or detain a child, they must immediately provide the child with appropriate legal assistance
to challenge the legality of such a decision. In its General Comment No. 24 of 2019, the CRCCommittee confirmed its earlier opinion expressed in General Comment No. 10 of 2007 that
the child should be brought before a competent authority within 24 hours. With respect to
the habeas corpus proceedings, the Committee stressed that the ‘right to a prompt decision
means that a decision must be rendered as soon as possible, e.g. within or not later than
two weeks after the challenge is made’.39 One might also argue that the requirement of
the ‘shortest appropriate period of time’ in Article 37(b) calls for periodic judicial review of
every deprivation of liberty of children.40
The rights to personal liberty, personal integrity and human dignity provide high international
legal standards to prevent deprivation of liberty of children. They also create a framework
designed to reduce detention of children to an absolute minimum, and in those exceptional
cases in which detention is justified as a measure of last resort, they ensure that children
39 Cf. CRC/C/GC/24 (2019), op. cit.
40 Cf. Liefaard (2018), op. cit., p. 333. See also Article 25 CRC.
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