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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