PART 2.3 used only as a measure of last resort, and imposed for the shortest appropriate period of time.289 In addition to stipulating the circumstances under which a child can be detained, international law imposes conditions on the conduct of such detention. Once again, the overriding principle is respect for the best interests of the child, including respect for his or her humanity and human dignity.290 Additional and more detailed rules include the following: • The right of children in detention to be separated from adults in detention, unless this is not considered to be in a child’s best interest;291 • The right of a detained child to maintain contact with his or her family through correspondence and visits (barring exceptional circumstances);292 (Footnote 288 continued) 45/113, para. 11 (b), define a 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 a person under the age of 18 is not permitted to leave at will, by order of any judicial, administrative or other public authority. Note that the Committee on the Rights of the Child has explicitly rejected detention of children in need of protection: “Such deprivation of liberty for children who have been abandoned or abused equates to punishment for children who are victims of crimes, not the offenders.” See further Committee on the Rights of the Child, general comment No. 10 (2007) on children’s rights in juvenile justice. Convention on the Rights of the Child, art. 37 (b); Rules for the Protection of Juveniles Deprived of their Liberty, para. 2; Committee on the Rights of the Child, general comment No. 6, para. 61. See also the Committee’s concluding observations: Netherlands (CRC/C/15/Add.227, para. 54); Canada (CRC/C/15/Add.215, para. 47). 289 290 Convention on the Rights of the Child, art. 37 (c). Ibid.; Rules for the Protection of Juveniles Deprived of their Liberty, para. 29; Beijing Rules, para. 13.4; Committee on the Rights of the Child, general comment No. 6, para. 63. 291 Convention on the Rights of the Child, art. 37 (c); Rules for the Protection of Juveniles Deprived of their Liberty, para. 59; Committee on the Rights of the Child, general comment No. 6, para. 63. 292 138 • The right of a detained child to prompt access to legal and other appropriate assistance;293 • The right of a detained child 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;294 • Support for the physical and psychological recovery and social reintegration of the child victim in an environment that fosters his or her health, self-respect and dignity;295 • The right of a child who is receiving care, protection, or treatment of his or her physical or mental health, to a periodic review of the treatment provided and all other circumstances relevant to the placement;296 • Each case involving a child deprived of his or her liberty should be handled expeditiously, without any unnecessary delay.297 The above analysis confirms the need to ensure that decisions affecting the welfare and wellbeing of children must be made on a case-bycase basis and with a view to protecting the best interests of each individual child. The routine detention of child victims of trafficking in welfare or shelter facilities cannot be legally justified on the basis of protection, best interests or any other principle cited in this section. Optional Protocol on the sale of children, art. 8; UNICEF Guidelines, sections 4 and 5; Committee on the Rights of the Child, general comment No. 6, para. 63. 293 Convention on the Rights of the Child, art. 37 (d). See also Committee on the Rights of the Child, concluding observations: Canada (CRC/C/15/Add.215, para. 47). 294 Convention on the Rights of the Child, art. 39; Optional Protocol on the sale of children, art. 9 (3); UNICEF Guidelines, sections 7.1 and 9.1. See also OK: Committee on the Rights of the Child, concluding observations: Nepal (CRC/C/15/Add.261, para. 96); Myanmar (CRC/C/15/Add.237, para. 73); Armenia (CRC/C/15/Add.225, para. 67). 295 296 Convention on the Rights of the Child, art. 25. Optional Protocol on the sale of children, art. 8 (1) (g); UNICEF Guidelines, section 2.7. 297 RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING