A/HRC/28/68
(h)
To prohibit laws, policies and practices that allow children to be
subjected to adult sentences and punishments, and to prohibit the death penalty and
life imprisonment in all its forms;
(i)
To provide additional training to the judiciary so that bail, probation
and alternative measures to detention are considered;
(j)
To establish clear guidelines for law enforcement agencies dealing with
children; in particular, not to detain children in law enforcement establishments for
more than 24 hours; to establish a formal obligation to notify a relative or caregiver
about his or her detention regardless of whether the child requests that this be done,
except if not in the bests interest of the child; to ensure access to a lawyer and a
medical doctor; and never to subject children to police questioning without the
presence of a lawyer and, in principle, his or her caregiver;
(k)
Not to detain children in law enforcement establishments for more than
24 hours, and only in child-friendly environments;
(l)
To amend legislation to require a presumption of community living, with
support, as the favoured policy, for children with disabilities;
(m) To ensure that immigration detention is never used as a penalty or
punishment of migrant children, including for irregular entry or presence, and to
provide alternative measures to detention that promote the care and well-being of the
child;
(n)
To prohibit the use of immigration detention as a method of control or
deterrence for migrant children;
(o)
To ensure that unaccompanied migrant children are immediately
provided with guardianship arrangements;
(p)
To take into consideration any trauma or exposure to torture or other
forms of ill-treatment that child migrants have experienced prior to being detained;
(q)
To establish appropriate and confidential complaint mechanisms for all
children deprived of their liberty, to provide all necessary support, including legal aid,
information, representation and assistance, to guarantee access to justice for children
who have been tortured or ill-treated while deprived of their liberty, and to ensure the
safety and security of all children who file a complaint;
(r)
To establish independent monitoring mechanisms at all places of
deprivation of liberty, including places run by private actors, through regular and
unannounced visits, and to include civil society organizations in the monitoring of
places of deprivation of liberty;
(s)
To transfer the oversight of all places of deprivation of liberty of
children from justice, law enforcement or border management authorities to those
responsible for child protection;
(t)
To collect quantitative and qualitative data on of children deprived of
their liberty, and to elaborate and publish the State��s plans for children deprived of
liberty;
(u)
To support the global study on children deprived of their liberty,
prepared pursuant to General Assembly resolution 69/157, and the appointment of an
independent expert to lead the study.
86.
With regard to conditions during detention, the Special Rapporteur calls upon
all States:
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