A/HRC/28/68
persons of their age and maturity. 2 The Convention on the Rights of the Child specifies that
the right to be confined in an age-appropriate manner includes, in particular, the right to be
separated from adults unless it is considered in the child’s best interest not to do so, and the
right to maintain contact with his or her family through correspondence and visits, save in
exceptional circumstances. Article 40 (1) of the Convention emphasizes this principle with
regard to children in conflict with the law by adding the desirability of promoting the
child’s reintegration and assumption of a constructive role in society.
27.
The Havana Rules indicate how States should approach the deprivation of liberty of
children, going beyond the Standard Minimum Rules for the Treatment of Prisoners by
including guidelines on classification and placement, physical environment and
accommodation, education, vocational training and work, recreation, religion and medical
care, notification of illness, injury and death, contact with the wider community, limitations
of physical restraint and the use of force, as well as disciplinary procedures and return to
the community.
28.
The role of medical and forensic sciences in the prevention of torture and other illtreatment for children deprived of their liberty is clear (see A/69/387, paras. 19-57). All
children are to be properly interviewed and physically examined by a medical doctor or
qualified nurse reporting to a doctor as soon as possible after their admission to an
institution, preferably on the day of arrival. In the case of girls, access to gynaecologists
and education on women’s health care are to be provided. 3
29.
To ensure that detention will not disrupt preparation for adulthood and the full
realization of a child’s potential, access to education is a fundamental right of children
deprived of their liberty. 4 While Rule 77 (1) of the Standard Minimum Rules for the
Treatment of Prisoners states that the education of illiterates and children should be
compulsory, articles 38 to 46 of the Havana Rules also recommend participation in
community schools, the availability of diplomas without reference to institutionalization,
and the provision of vocational training.
30.
Article 40, paragraphs 3 (b) and (4), of the Convention on the Rights of the Child
provides that alternatives to detention, such as care, guidance and supervision orders,
counselling; probation, foster care, education and vocational training programmes should
first be sought, or other alternatives that ensure that children are dealt with in a manner
appropriate to their well-being and proportionate to both their circumstances and the
offence committed.
31.
Lastly, regardless of the form of deprivation of liberty, whether criminal,
institutional or administrative, article 37 (d) of the Convention on the Rights of the Child
requires that any decision to deprive a child of liberty must be subject to periodic review of
its continuing necessity and appropriateness. In its general comment No. 35, the Human
Rights Committee specified that the child has a right to be heard, directly or through legal
or other appropriate assistance, in relation to any decision regarding their deprivation of
liberty, and that the procedures employed should be child-appropriate (CCPR/C/GC/35,
para. 62).
2
3
4
6
International Covenant on Civil and Political Rights, art. 10; Convention on the
Rights of the Child, art. 40; Bejing Rules, para. 5.1.
Bangkok Rules 6-18.
European Convention on Human Rights, art. 5; European Court on Human Rights,
Buomar v. Belgium; Inter-American Court of Human Rights, Juvenile Reeducation
Institute v. Paraguay, judgement of 2 September 2004, para. 161.