A/HRC/46/26/Add.1
(f)
Ensure the effective implementation of the right of access to a lawyer for
the entire duration of any form of deprivation of liberty, including for reasons related
to migration.
99.
Regarding the specific situations of children, juveniles and women in the
administration of justice, in particular while they are deprived of their liberty, the
Special Rapporteur recommends that the relevant authorities:
(a)
Ensure that domestic legislation, standards and policies are aligned with
relevant international human rights standards, including the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the
United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh
Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty and the United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders (the Bangkok Rules);
(b)
Recruit as a matter of urgency staff trained and qualified in the care of
adolescents, ensure that libraries are equipped with educational and age-appropriate
reading material, and that children have a clear daily routine, involving domestic
chores and guided social and recreational activities;
(c)
Repeal any regulations authorizing the transfer of juvenile offenders to
places of detention for adults, avoid such transfers when juvenile offenders reach
adulthood in detention and, more generally, avoid any confinement of juvenile
offenders in juvenile detention centres or any other form of deprivation of liberty,
unless as a measure of last resort;
(d)
In addressing the challenges posed by juvenile offenders, urgently
introduce and/or strengthen alternatives to the deprivation of liberty that focus on
education and reintegration, in line with the best interests of the child;
(e)
Ensure that all juveniles deprived of their liberty benefit from regular
family contact, access to full schooling and opportunities for reintegration, in full
compliance with the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty and the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (the Beijing Rules);
(f)
Ensure the employment of professional staff specifically trained in the
provision of education, vocational training and meaningful activities to juveniles
deprived of their liberty;
(g)
Ensure that accessible, fully independent, proactive, expedient and
effective complaints, oversight and investigative mechanisms are in place for the
prevention, investigation and prosecution of any form of abuse inflicted on children and
adolescents deprived of their liberty or otherwise accommodated in institutional
settings, ensuring the confidentiality of the complainant and his or her family and their
protection from reprisals;
(h)
Systematically monitor the implementation of disciplinary measures in
juvenile institutions and impose appropriate disciplinary or criminal sanctions against
staff who, whether through acts or omissions, violate the physical and psychological
integrity of children and adolescents held in those institutions;
(i)
Ensure that any persons alleged to be responsible for violence do not have
contact with children or adolescents until the facts have been clarified and any concerns
eliminated.
100. Regarding psychiatric and mental health institutions, the Special Rapporteur
recommends that the relevant authorities:
(a)
Clearly separate juveniles from adults and ensure that the living
conditions for juveniles correspond to their specific vulnerabilities and needs, following
the principle of the best interests of the child. Adequately equip facilities with the
necessary social and medical resources, particularly specialized practitioners to provide
psychiatric and psychological support;
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