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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