a manner that meets the needs of the child, depending on his or her age.404 Deprivation of liberty must not place a detained child outside the protection of the law.405 All provisions under the Convention on the Rights of the Child are applicable to children deprived of liberty, including the rights to privacy and to the highest attainable standards of health and to education. In addition, States must also adhere to protections under the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) and other international standards. 191. Protections afforded under international human rights law to children deprived of liberty as part of the juvenile justice process includes the judicial review of detention and other fundamental due process and judicial guarantees.406 For example, as soon as a child is detained on a criminal charge, he or she should be brought before a judge or other officer authorized by law to exercise judicial power to review the detention.407 The child should also be able to challenge the lawfulness of detention at any time.408 Whenever possible, detention pending trial should be replaced by alternative measures409 and conditional release must be used to the greatest extent 404 Convention on the Rights of the Child (1989), art. 37(c); Geneva Conventions of 12 August 1949, common art. 3. 405 General Assembly resolution 72/180 (2017), Protection on human rights and fundamental freedoms while countering terrorism, para. 5(c). and as early as possible.410 Children should not be held longer than what is permitted for the crimes for which they are being charged. 192. As summarized in the previous section, children should be held separately from adults unless it is not in their best interest, and in facilities that are age and gender-appropriate.411 Care, protection and all necessary individual assistance, including social, educational, vocational, psychological, medical and physical support, should be provided in view of the child’s age, sex and personality.412 Children have a right to legal counsel and to receive services while they are in detention, so that they will be able to recover and reintegrate with their families and communities upon release. 193. Some national legislation allows for administrative detention on security grounds, preventive detention on grounds of terrorism or national security related risks, police custody without charges beyond the ordinary police custody delays, or any other analogous exception to the ordinary grounds and delays for detention. Such exceptional detention regimes shall not, under any circumstances be applicable in the case of children allegedly associated with armed groups, including those designated as terrorist groups by the United Nations, or other groups that use terrorist tactics, even in cases in which such exceptional detention regimes might be lawfully applicable to adults. 406 Security Council resolution 2427 (2018), para. 21; General Assembly resolution 72/180 (2017), Protection on human rights and fundamental freedoms while countering terrorism, para. 5(c). 407 International Covenant on Civil and Political Rights (1966), art. 9(3). 410 Ibid., rule 28.1. 408 Ibid., art. 9(4). 411 Convention on the Rights of the Child (1989), art. 37(c); The Beijing Rules (1985), rule 13.4. 409 The Beijing Rules (1985), rule 13.2. 412 The Beijing Rules (1985), rule 13.5. 88.

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