proportions) and qualitative dimensions. Understanding the scope, root causes and
impact of such deprivation is instrumental for the development of effective policies, while
also ensuring greater visibility and the mobilisation of relevant actors.
ADDRESS INFORMATION GAP
• What are the current responses when children are deprived of liberty?
Under which conditions is deprivation of liberty of children justified under international
law? To what extent and under which conditions is deprivation of liberty compatible with
the best interests of the child and other child rights principles and standards? What
kind of complaint and reporting mechanisms are accessible to children in relation to
conditions of detention? Here, the Study critically reviews the applicable legal framework
of deprivation of liberty, including principles of last resort, deprivation for the shortest
appropriate period of time as well as procedural safeguards (including physical and
mental abuse in the places of detention). These are particularly considered in light of the
United Nations Convention on the Rights of the Child and the United Nations Convention
on the Rights of Persons with Disabilities as well as other relevant international standards.
Moreover, the Study analyses their implementation in practice, addressing existing
challenges while simultaneously also collecting examples of good practices.
ADDRESS JUSTIFICATION IN PRINCIPLE AND IN PRACTICE
• What are the non-custodial solutions and protection measures available for children?
How can deprivation of liberty of children and its negative impact be prevented? What
non-custodial solutions to deprivation of liberty are available and have proven to be
effective as a child rights-based response? What measures do States undertake to ensure
that children are not deprived of liberty? What benefits do States experience when
introducing various protection measures and non-custodial solutions to the deprivation
of liberty of children? In many countries, efforts are underway to empower children and
families, while strengthening child protections systems in order to prevent situations
leading to deprivation of liberty. The Study identifies such good practices as alternatives
to deprivation of liberty as well as to emphasise beneficial effects of non-custodial
solutions and measures for children, society at large and the State institutions.
ADDRESS NON-CUSTODIAL SOLUTIONS PREVENTING DEPRIVATION OF LIBERTY AND
MEASURES PROTECTING CHILDREN
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