A/HRC/28/68
deprived of their liberty and to understand the specific normative framework and
overall system of child protection.
B.
Recommendations
84.
With regard to legislation, the Special Rapporteur calls upon all States:
(a)
To investigate all allegations of torture or other ill-treatment of children
deprived of their liberty in accordance with the absolute prohibition of torture and
other cruel, inhuman or degrading treatment or punishment, as codified in the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the International Covenant on Civil and Political Rights and the
Convention on the Rights of the Child, to prosecute and punish those responsible, and
to act in accordance with the heightened obligation of due diligence of States to
prevent the torture and ill-treatment of children;
(b)
To expedite the ratification of the Convention of the Rights of the Child
and the optional protocols thereto, and the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
(c)
To adhere to the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty and the United Nations Guidelines for the
Prevention of Juvenile Delinquency.
85.
With regard to the vulnerability of children deprived of their liberty and policy
reform, the Special Rapporteur calls upon all States:
(a)
To ensure that deprivation of liberty is used only as a measure of last
resort only in exceptional circumstances and only if it is in the best interests of the
child;
(b)
To ensure that child-appropriate age determination procedures are in
place, and that the person is presumed to be under 18 years of age unless and until
proven otherwise;
(c)
To promote preventive mechanisms, such as diversion and early
identification and screening mechanisms, and to provide for a variety of noncustodial, community-based alternative measures to the deprivation of liberty;
(d)
To ensure that paediatricians and child psychologists with traumainformed training are available on a regular basis to all children in detention, and to
establish specialized medical screenings inside places of deprivation of liberty to detect
cases of torture and ill-treatment, including access to forensic evaluation;
(e)
To provide mandatory training to all persons dealing with children,
including training on the Manual on Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
detection, documentation and prevention of torture and ill-treatment;
(f)
To ensure that children in conflict with the law are charged, tried and
sentenced within a State’s juvenile justice system, never within the adult criminal
justice system;
(g)
To set the minimum age of criminal responsibility to no lower than 12
years, and to consider progressively raising it;
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