United Nations Model Strategies and Practical Measures on the Elimination of
Violence against Children in the Field of Crime Prevention and Criminal Justice
A/RES/69/194
(e) To ensure that, when considering whether a parent, legal guardian, legal
representative or responsible adult or, when necessary, a child protection professional
is to be present at, or to observe a child during, the interview or interrogation process,
the best interests of the child as well as other relevant factors are taken into
consideration;
(f) To ensure that children are informed of their rights and have prompt
access to legal aid during police interrogation and while in police detention, and that
they may consult their legal representative freely and fully confidentially;
(g) To review, evaluate and, where necessary, update national laws, policies,
codes, procedures, programmes and practices to implement policies and strict
procedures for searching children while respecting their privacy and dignity, for
taking intimate and non-intimate samples from child suspects and for assessing the
age and gender of a child;
(h) To implement measures to specifically prevent violence related to
unlawful practices by the police, including arbitrary arrests and detention and
extrajudicial punishment of children for unlawful or unwanted behaviours;
(i) To establish accessible, child-appropriate and safe procedures for
children to complain about incidents of violence during their arrest or interrogation
or while in police custody;
(j) To ensure that alleged incidents of violence against children during their
contact with the police are independently, promptly and effectively investigated and
that those alleged to have been implicated in violence against children are removed
from any position of control or power, whether direct or indirect, over complainants,
witnesses and their families, as well as those conducting the investigation;
(k) To take measures to address the risk of violence and protect children
during their transport to a court, hospital or other facility, including the risk of
violence while being held in court holding cells together with adults;
(l) To ensure that, when a parent, legal guardian or caregiver is arrested, the
child’s best interests, care and other needs are taken into account.
XIII. Ensuring that deprivation of liberty is used only as a measure of last resort
and for the shortest appropriate period of time
35. Recognizing that limiting the use of detention as a sentence and encouraging
the use of alternatives to detention can help to reduce the risk of violence against
children within the justice system, Member States are urged, as appropriate and
while taking into consideration relevant international human rights instruments:
(a) Not to deprive children of their liberty unlawfully or arbitrarily and, in
cases of deprivation of liberty, to ensure that it is in conformity with the law and
used only as a measure of last resort and for the shortest appropriate period of time;
(b) To ensure that children have continued access to government-funded
legal aid during all stages of the justice process;
(c) To ensure that children can exercise their right to appeal a sentence and
obtain the legal aid necessary to do so;
(d) To provide for the possibility of early release and make available
aftercare and social reintegration programmes and services;
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