On further discussion of deprivation of liberty of children for alleged association with designated terrorist groups, see the UNODC Handbook on Children Recruited and Exploited by Terrorist and Violent Extremist Groups: The Role of the Justice System (2017), in particular chapter 3(D) on children deprived of their liberty. Example from Tunisia—A probation system with focus on reintegration. In Tunisia, a probation system provided under the Child Protection Code since 1995 has been used for reintegration of children charged with terrorism-related offences. Judges appoint social workers as probationary officers. The system allows guarded freedom for a duration of one to three years. It can be extended until the child turns 20 years old. The system aims to facilitate the social reintegration process. During the guarded freedom period, a child is encouraged to participate in various activities, such as education, sports activities and vocational training. The programme is implemented jointly by many institutions and civil society organizations. 7.1.3 Keeping a Child With the Primary Caregiver in Detention The best interests of the child as a primary consideration in relation to detention 194. In relation to babies and infants whose parents are detained or incarcerated, national laws differ concerning the maximum age at which children are allowed to stay with their parents in prison.413 Nevertheless, under the Convention on the Rights of the Child, such a decision must be based on the best interests of the child.414 The assessment of the best interests of the child is also critical, because whether or not to allow such a stay would also have implications on separating children from a parent or primary caregiver.415 195. Decisions on whether the best interests of the child are better served if the child lives with the parent in detention or outside should always be assessed on a case-by-case basis, with the best interests of the child as a primary 413 UNODC, the Bangkok Rules Commentary (2011), rules 49-52. 414 The Bangkok Rules (2010), rule 49; UNODC, the Bangkok Rules Commentary (2011), rules 49-52. While the Bangkok Rules primarily concerns female prisoners/detainees, the Rules also recognize that “As the focus includes the children of imprisoned mothers, there is a need to recognize the central role of both parents in the lives of children. Accordingly, some of these rules would apply equally to make prisoners and offenders who are fathers”, A/RES/65/229, Annex I, para.12. 415 Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families No. 22 (2017) of the Committee on the Rights of the Child, para 32(e). 89.

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