A/HRC/28/68
other administrative considerations. Also, States should appoint a guardian or adviser
as soon as the unaccompanied or separated child is identified, and maintain such
guardianship arrangements until the child has either reached the age of majority or
has permanently left the territory and/or jurisdiction of the State (A/HRC/20/24, para.
41). While the Special Rapporteur acknowledges that, in certain circumstances it is
possible for States to place children in a shelter or other accommodation when it is
based on the purpose of child care, protection and support, this should not become a
proxy for expanded unnecessary restrictions to the liberty of child migrants and
families. States are required to favour measures that promote the care and well-being
of the child rather than the deprivation of liberty. Facilities that grant accommodation
for migrant children should have all the material conditions necessary and provide an
adequate regime to ensure comprehensive protection from ill-treatment and torture,
and allow for their holistic development. Migrant children should be separated from
children who have been accused or convicted of criminal offences and from adults.
The Special Rapporteur notes, however, that separating child migrants from
unrelated adults can sometimes itself result in harm by depriving children of
important interactions; ample opportunities for broader human interaction and
physical activity must therefore be given to unaccompanied migrant children. When
children are accompanied, the need to keep the family together is a not sufficient
reason to legitimize or justify the deprivation of liberty of a child, given the
prejudicial effects that such measures have on the emotional development and
physical well-being of children. The Special Rapporteur shares the view of the InterAmerican Court of Human Rights that, when the child’s best interests require
keeping the family together, the imperative requirement not to deprive the child of
liberty extends to the child’s parents, and requires the authorities to choose
alternative measures to detention for the entire family.
81.
The Special Rapporteur recommends that States adopt child-friendly
administrative and criminal court procedures and train police officers, border guards,
detention staff, judges and others who may encounter children deprived of their
liberty in child protection principles and a better understanding of the vulnerabilities
of children to human rights violations, such as torture and other forms of illtreatment. Special mention should be made of girls, who are particularly vulnerable,
and to special groups of children, such as minorities, disabled children and migrants.
82.
Children deprived of their liberty and their parents or legal representatives
should have avenues of complaint open to them in administrative systems, and should
be entitled to address complaints confidentially to an independent authority. Upon
admission, children should be given information on lodging a complaint, including the
contact details of the authorities competent to receive complaints, as well as the
address of any services that provide legal assistance. In this context, the Special
Rapporteur welcomes the establishment of independent, local, socio-legal defence
centres that provide children with the effective opportunity to have access to justice
and subsequently to obtain remedies and advocate for systematic training in
children’s rights for professionals.
83.
Regular and independent monitoring of places where children are deprived of
their liberty is a key factor in preventing torture and other forms of ill-treatment.
Monitoring should be conducted by an independent body, such as a visiting
committee, a judge, the children’s ombudsman or the national preventive mechanisms
with authority to receive and act on complaints and to assess whether establishments
are operating in accordance with the requirements of national and international
standards. Independent monitoring mechanisms should draw on professional
knowledge in a number of fields, including social work, children’s rights, child
psychology and psychiatry, in order to address the multiple vulnerabilities of children
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