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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