psychiatric hospitals, mental health centres, migration detention centres etc.10 The Global Study on Children Deprived of Liberty follows this broad definition of the term ‘detention’, which covers all forms of deprivation of liberty. This is also in line with Article 11(b) of the ‘Havana Rules’, which defines the term ‘deprivation of liberty’ as ‘any form of detention or imprisonment or the placement of a person in a public or private custodial setting, from which this person is not permitted to leave at will, by order of any judicial, administrative or other public authority’.11 The Inter-American Commission of Human Rights defines deprivation of liberty as ‘any form of detention, imprisonment, institutionalisation, or custody of a person in a public or private institution which that person is not permitted to leave at will, by order of or under de facto control of a judicial, administrative or any other authority, for reason of humanitarian assistance, treatment, guardianship, protection, or because of crimes or legal offences’.12 10 Cf. Stefanie Krisper, ‘Article 4 OPCAT’, Moritz Birk, Giuliana Molina & Manfred Nowak (eds.), Convention against Torture – CAT Commentary, 2nd ed., Oxford, Oxford University Press, 2019 (in print). 11 UN General Assembly, United Nations Rules for the Protection of Juveniles Deprived of their Liberty, A/RES/45/113, 2 April 1991. See also the respective definition of ‘deprivation of liberty’ in: UN General Assembly, United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice, A/C.3/69/L.5, 25 September 2014, para. 6(h). According to Rule 21(5) of the European Rules for Juvenile Offenders of 5 November 2008 (CM/Rec(2008)11), ‘deprivation of liberty’ means ‘any form of placement in an institution by decision of a judicial or administrative authority, from which the juvenile is not permitted to leave at will’. 12 Inter-American Commission on Human Rights, Report on the human rights of persons deprived of liberty in the Americas, Washington, 2011. 65

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