or degrading treatment or punishment.385 The Convention also requires States parties to treat every child deprived of liberty with humanity and respect for the inherent dignity of the human person.386 Detention conditions 188. In a case in which a child is deprived of liberty, international norms require that the detention conditions meet certain standards. States have a heightened duty of care towards individuals deprived of their liberty and to take any necessary measures to care for their life and bodily integrity.382 Children must be treated with special respect and protection, including when they are deprived of their liberty.383 Fundamentally, children of detainees or prisoners should not be treated as detainees or prisoners themselves.384 To prevent any physical or psychological harm to such children, the environment where they live should be as close as possible to a normal environment outside of detention. The detention facility should be flexible enough to meet the needs of detainees with children. 189. Some of the practical aspects provided for under relevant international instruments include the following: • Prohibition against torture and other inhuman treatment: The prohibition against torture and other forms of ill-treatment is considered as a jus cogens norm of customary international law, applicable to all States in all circumstances. Some human rights treaties, including the Convention on the Rights of the Child, also codify this requirement. The Convention provides that no child shall be subjected to torture or other cruel, inhuman 382 Human Rights Committee, general comment No. 36 (2018), para.25. 383 ICRC, Customary International Humanitarian Law database, rule 135 on children, https://ihl-databases.icrc.org/ customary-ihl/eng/docs/v1_rul_rule135. 384 The Bangkok Rules (2010), rule 49. Under international humanitarian law, the obligation of humane treatment under Common Article 3 of the Geneva Conventions entails a requirement of humane treatment for children. The determination of whether the treatment of a person deprived of his or her liberty, or the conditions of detention, constitutes cruel or inhuman treatment should be considered not only by the objective elements relating to the severity of the harm, but also the subjective elements relating to the condition of the victim. Significantly, the physical, mental and moral effects of an act or omission on a child depend on the child’s age and, as a consequence, so do the degrees and kinds of suffering that would amount to a violation of Common Article 3. • Safety and security: Detention conditions themselves can be conducive to various forms of violence against children. To address that, States are urged to provide appropriate care and protection and to promote good practices to strengthen the protection and safety of children, including for those living in custody with a parent, such as the provision of special mother-and-child units.387 States are encouraged to allow civilian child protection actors access to children deprived of liberty, including children detained or imprisoned 385 Convention on the Rights of the Child (1989), art. 37(a). Also see Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1987) art. 2, and International Covenant on Civil and Political Rights (1966), art. 7. 386 Convention on the Rights of the Child (1989), art. 37(c). 387 A/RES/69/194), paras. 38(d), (g). 85.

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