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Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 81
- Paragraph text
- A complementary safeguard is the presence of a support person during questioning, in addition to counsel. A child must never be subjected to questioning or requested to make any statement or to sign any document without the presence of a lawyer and, in principle, his or her caregiver or another appropriate adult (whose presence is encouraged to help to prevent coercion, reassure the child and limit potential traumatization), at all stages of the investigation and proceedings (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems; and Committee on the Rights of the Child, general comment No. 10 (2007) on children's rights in juvenile justice). Persons who appear to suffer from psychosocial or intellectual disabilities should be assisted by an independent support person, whether a relative, legal guardian, mental health professional or social worker with relevant experience and training, during questioning.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 27
- Paragraph text
- Studies suggest that up to 80 per cent of women in prison are mothers. Many female prisoners are single mothers or primary caregivers, and imprisonment can result in considerable hardship for their children. Contact between detained mothers and their children is often difficult due to the remote location of female prisons. Concern about their children is a primary factor leading to the high incidence of mental health problems and self-harm among female detainees. The Bangkok Rules require that parental and child-caring responsibilities be taken into account in the allocation and sentence-planning processes. The best interests of the child, including the need to maintain direct contact with the mother, must be carefully and independently considered by competent professionals and taken into account in all decisions pertaining to detention, including pretrial detention, sentencing and the placement of the child (CRC/C/THA/CO/2).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Families
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 28
- Paragraph text
- The Special Rapporteur on Prisons and Conditions of Detention in Africa of the African Commission on Human and Peoples' Rights noted in a 2001 report on prisons in Malawi that prisons were not safe place for pregnant women, babies and young children and that it was not advisable to separate babies and young children from their mothers. Even very short periods in detention settings can undermine a child's psychological and physical well-being, compromise cognitive development and result in higher rates of suicide, self-harm, mental disorders and developmental problems (A/HRC/28/68). Children living in prison with their mothers may be at heightened risk of suffering violence, abuse and conditions of confinement that amount to torture or ill-treatment. In this context, the imprisonment of pregnant women and women with young children must be reduced to a minimum.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 62
- Paragraph text
- The practice constitutes torture or ill-treatment (A/HRC/7/3) and must be prohibited in accordance with, inter alia, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (art. 5). Domestic laws permitting the practice contravene States' obligation to prohibit and prevent torture and ill-treatment, as does States' failure to take measures to prevent and prosecute instances of female genital mutilation by private persons. The tendency towards "medicalization" of female genital mutilation does not in any way make the practice more acceptable. States' indifference or inaction provides a form of encouragement and de facto permission for the practice to take place and go unpunished. The Special Rapporteur notes that in many cases, the perpetrators of female genital mutilation include the victim's parents. In this context, prosecution and the imposition of sanctions, including imprisonment, must result from a nuanced determination that takes into account the best interest of the child.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 62
- Paragraph text
- Domestic violence, in particular against women and children, is a widespread practice in most countries, and not enough action is taken by States to protect women and children against ill-treatment by their husbands, partners or parents. Although female genital mutilation inflicts most severe pain and long-term suffering on girls, it continues to be practised in too many African and other countries without adequate laws prohibiting it and without law enforcement bodies implementing existing laws. Trafficking in human beings, notably women and girls, is one of the most widespread and lucrative activities of organized crime. Most Governments seem to be more interested in returning victims of trafficking to their countries of origin than providing protection and reparation for them. By not acting with due diligence to protect victims of domestic violence, trafficking, female genital mutilation and similar practices, States may commit torture or cruel, inhuman or degrading treatment or punishment by acquiescence.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 63
- Paragraph text
- In its pervasiveness, impact on the victim and justifications put forward by its proponents, corporal punishment of children in the home and in educational settings differs from corporal punishment that is administered as part of a judicial sentence in a number of States. A separate problem is the corporal chastisement of detainees as a disciplinary sanction that the Special Rapporteur has witnessed in many countries. What is common to all these forms of corporal punishment, however, is that physical force is used intentionally against a person in order to cause severe pain. Furthermore, without exception, corporal punishment has a degrading and humiliating component. Corporal punishment must therefore without exception be considered to amount to cruel, inhuman or degrading punishment or torture in violation of international treaty and customary law.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 77b
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] All States should ratify the Optional Protocol to the Convention against Torture and establish effective national preventive mechanisms to carry out preventive visits to all places of detention. Those mechanisms should be fully independent bodies with a pluralistic composition and equipped with the financial and human resources necessary to conduct regular and ad hoc visits to all places of detention (police lock-ups, prisons, pretrial detention facilities, psychiatric hospitals and special detention facilities for women, children, migrants, drug addicts, etc.);
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 33
- Paragraph text
- The Committee on the Rights of the Child, in its General Comment No. 10 (2007), emphasized that "disciplinary measures in violation of article 37 [of the Convention on the Rights of the Child] must be strictly forbidden, including ... closed or solitary confinement, or any other punishment that may compromise the physical or mental health or well-being of the child concerned" (CRC/C/GC/10, para. 89). Moreover, the Committee has urged States parties to prohibit and abolish the use of solitary confinement against children (CRC/C/15/Add.151, para. 41; CRC/C/15/Add.220, para. 45 (d); and CRC/C/15/Add.232, para. 36 (a)).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 66
- Paragraph text
- United Nations treaty bodies consistently recommend that juvenile offenders, children or minors should not be subjected to solitary confinement (CAT/C/MAC/CO/4, para. 8; CAT/OP/PRY/1, para. 185; CRC/C/15/Add.151, para. 41; and CRC/C/15/Add.232, para. 36 (a)). Juveniles are often held in solitary confinement either as a disciplinary measure, or to separate them from the adult inmate population, as international human rights law prohibits the intermingling of juvenile and adult prison populations. Regrettably, solitary confinement as a form of punishment of juvenile detainees has been prevalent in States such as Jamaica (A/HRC/16/52/Add.3, para. 211), Paraguay (A/HRC/7/3/Add.3, appendix I, para. 46) and Papua New Guinea (A/HRC/16/52/Add.5, appendix). In regard to disciplinary measures, a report has indicated that solitary confinement does not reduce violence among juvenile offenders detained in the youth prison.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 27
- Paragraph text
- While the Rules focus mainly on the situation of persons deprived of liberty in prisons, pretrial detention centres and police stations, in practice, States' obligations to ensure respect for human rights extend beyond police custody and prisons. The broad concept of deprivation of liberty is reflected in several international instruments, including the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in which "deprivation of liberty" is understood to mean any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority (art. 4 (2)). The language used by the Inter-American Commission on Human Rights is also enlightening. By its resolution 1/08, the Commission understands the concept of "deprivation of liberty" to encompass the following: Any form of detention, imprisonment, institutionalization or custody of a person in a public or private institution which that person is not permitted to leave at will … This category of persons includes … those persons who are under the custody and supervision of certain institutions, such as: psychiatric hospitals and other establishments for persons with physical, mental or sensory disabilities; institutions for children and the elderly; centers for migrants, refugees, asylum or refugee status seekers, stateless and undocumented persons; and any other similar institution the purpose of which is to deprive persons of their liberty. For the purpose of this report, the broad term of persons deprived of liberty will be used to refer to all the above-mentioned situations.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 23
- Paragraph text
- The Committee against Torture interprets State obligations to prevent torture as indivisible, interrelated, and interdependent with the obligation to prevent cruel, inhuman, or degrading treatment or punishment (ill-treatment) because "conditions that give rise to ill-treatment frequently facilitate torture". It has established that "each State party should prohibit, prevent and redress torture and ill-treatment in all contexts of custody or control, for example, in prisons, hospitals, schools, institutions that engage in the care of children, the aged, the mentally ill or disabled, in military service, and other institutions as well as contexts where the failure of the State to intervene encourages and enhances the danger of privately inflicted harm".
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 48
- Paragraph text
- Some women may experience multiple forms of discrimination on the basis of their sex and other status or identity. Targeting ethnic and racial minorities, women from marginalized communities and women with disabilities for involuntary sterilization because of discriminatory notions that they are "unfit" to bear children is an increasingly global problem. Forced sterilization is an act of violence, a form of social control, and a violation of the right to be free from torture and other cruel, inhuman, or degrading treatment or punishment. The mandate has asserted that "forced abortions or sterilizations carried out by State officials in accordance with coercive family planning laws or policies may amount to torture".
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 21
- Paragraph text
- For the purpose of the present report, "deprivation of liberty" denotes any form of detention or imprisonment or the placement of a child in a public or private custodial setting where that child is not permitted to leave at will by order of any judicial, administrative or other authority (A/68/295, para. 27). Deprivation of liberty involves more severe restriction of motion within a narrower space than mere interference with liberty of movement: it includes police custody, remand detention, imprisonment after conviction, house arrest, administrative detention, involuntary hospitalization and institutional custody. It also includes children deprived of their liberty by private individuals or entities that are empowered or authorized by a State to exercise powers of arrest or detention.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 24
- Paragraph text
- In its general comment No. 2, the Committee against Torture interpreted States' obligations to prevent torture are indivisible, interrelated and interdependent with the obligation to prevent cruel, inhuman, or degrading treatment or punishment (ill-treatment) because conditions that give rise to ill-treatment frequently facilitate torture (CAT/C/GC/2, para. 3). The Convention on the Rights of the Child and the Havana Rules have extended this protection to children deprived of their liberty, specifying that no member of the detention facility or institutional personnel may inflict, instigate or tolerate any act of torture or any form of harsh, cruel, inhuman or degrading treatment, punishment, correction or discipline under any pretext or circumstance whatsoever.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 25
- Paragraph text
- Under article 37 (b) of the Convention on the Rights of the Child and explained by the Committee on the Rights of the Child in its general comment No. 10 (CRC/C/GC/10), the deprivation of liberty of a child should be a last resort measure to be used only for the shortest possible period of time. Similarly, the Havana Rules require that deprivation of liberty be limited to exceptional cases. Both the Beijing Rules and the Riyadh Guidelines emphasize this principle. In addition, the best interests of the child must be a primary consideration in every decision on initiating or continuing the deprivation of liberty of a child.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 26
- Paragraph text
- Where the deprivation of liberty of a child can be justified as necessary, limited and consistent with the best interests of the child, the child must be treated with humanity and respect for his or her inherent dignity and in a manner that takes into account the needs of persons of their age and maturity. The Convention on the Rights of the Child specifies that the right to be confined in an age-appropriate manner includes, in particular, the right to be separated from adults unless it is considered in the child's best interest not to do so, and the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances. Article 40 (1) of the Convention emphasizes this principle with regard to children in conflict with the law by adding the desirability of promoting the child's reintegration and assumption of a constructive role in society.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 31
- Paragraph text
- Lastly, regardless of the form of deprivation of liberty, whether criminal, institutional or administrative, article 37 (d) of the Convention on the Rights of the Child requires that any decision to deprive a child of liberty must be subject to periodic review of its continuing necessity and appropriateness. In its general comment No. 35, the Human Rights Committee specified that the child has a right to be heard, directly or through legal or other appropriate assistance, in relation to any decision regarding their deprivation of liberty, and that the procedures employed should be child-appropriate (CCPR/C/GC/35, para. 62).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 37
- Paragraph text
- Similarly, life sentences without the possibility of release for children are expressly prohibited by international law and treaties, including article 37(a) of the Convention on the Rights of the Child. The Committee on the Rights of the Child, in its general comment No. 10 (CRC/C/GC/10), and the Human Rights Committee, in its general comment No. 21, confirmed that life imprisonment without the possibility of release is never an appropriate punishment for an offence committed by a juvenile offender. The vast majority of States have taken note of the international human rights requirements regarding life imprisonment of children without the possibility of release. Significantly, the United States of America is the only State in the world that still sentences children to life imprisonment without the opportunity for parole for the crime of homicide.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 39
- Paragraph text
- Although the Convention on the Rights of the Child requires States to ensure that detention or imprisonment of children should only be used as a measure of last resort, in exceptional circumstances, for the shortest possible period of time and only if it is in the best interests of the child, in reality, detention is often used as the first response to perceived problems. During his country visits, the Special Rapporteur observed that, although alternative or non-custodial measures are provided by law, in a high percentage of cases, detention is the preferred option and not the last resort (see A/HRC/22/53/Add.3, para. 53).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 44
- Paragraph text
- In many States, solitary confinement is still imposed on children as a disciplinary or "protective" measure. National legislation often contains provisions to permit children to be placed in solitary confinement. The permitted time frame and practices vary between days, weeks and even months. In accordance with views of the Committee against Torture, the Subcommittee on Prevention of Torture and the Committee on the Rights of the Child, the Special Rapporteur is of the view that the imposition of solitary confinement, of any duration, on children constitutes cruel, inhuman or degrading treatment or punishment or even torture (see A/66/268, paras. 77 and 86, and A/68/295, para. 61).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 45
- Paragraph text
- During country visits, the Special Rapporteur regularly observes the practice of corporal punishment as a disciplinary measure for children in detention, including severe caning, flogging, beating with sticks and electric cords, beatings on the buttocks with wooden boards, and being forced to kneel for long periods with hands in the air (A/HRC/25/60/Add.1, paras. 64-65 and A/HRC/22/53/Add.2, para. 56). Some States still allow the use of corporal punishment as a criminal sentence for children. With regard to the jurisprudence of United Nations treaty bodies and the European Court, the mandate holder has found that any form of corporal punishment is contrary to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (see A/60/316 and A/67/279). He also noted that States cannot invoke provisions of domestic law to justify violations of the prohibition of corporal punishment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 47
- Paragraph text
- A large number of children deprived of their liberty show signs of mental health problems, or mental illnesses or psychological disorders, which are often exacerbated during their detention. Children in detention are prone to self-harm, including suicide, because of depression. In many instances, children who suffer from mental health problems have no access to mental health screening within the first hours of admission to a detention centre and do not receive adequate treatment, including psychosocial counselling during detention. Moreover, children showing signs of mental health problems are often held together with children who do not show such signs.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 62
- Paragraph text
- According to the European Court of Human Rights, even short term detention of migrant children is a violation of the prohibition on torture and other ill-treatment, holding a child's vulnerability and best interests outweigh the Government's interest in halting illegal immigration. The Inter-American Court of Human Rights further noted that, when assessing the possibility to return, expel, deport, repatriate, reject at the border, or not to admit or in any way transfer or remove a child to a State, the best interests of the child must be determined, which also incorporate the component of adequate development and survival of the child.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 65
- Paragraph text
- Article 25 of the Convention on the Rights of the Child provides for the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement. In this context, the Special Rapporteur recalls that the possibility of release should be realistic and regularly considered (CRC/C/GC/10, para. 77). He also observes that, in practice, many States fail to apply these rights. Acts of torture and other cruel, inhuman or degrading treatment or punishment are more widespread than they appear owing to the greater vulnerability of children and their lack of capacity to articulate complaints and seek redress (see A/HRC/25/35, paras. 13-17).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 67
- Paragraph text
- With regard to migrant children, authorities routinely impede their access to lawyers, non-governmental organizations, service providers, interpreters and other sources of information and protection. Furthermore, children often never meet with their appointed guardian because they are deported before their representative arrives. In some cases, the report of a child's ill-treatment is routinely ignored by the official guardians. States have similarly failed to implement a legal right to representation for children detained in health-care settings. Even when States provide a legal right to review, it generally does not cover children placed with parental consent.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 69
- Paragraph text
- Owing to their unique physiological and psychological needs, which render them particularly sensitive to deprivation and treatment that otherwise may not constitute torture, children are more vulnerable to ill-treatment and torture than adults. The detention of children, including pretrial and post-trial incarceration as well as institutionalisation and administrative immigration detention, is inextricably linked - in fact if not in law - with the ill-treatment of children, owing to the particularly vulnerable situation in which they have been placed that exposes them to numerous types of risk. Moreover, the response to address the key issues and causes is often insufficient.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 73
- Paragraph text
- With regard to children deprived of their liberty within the context of the criminal justice system, the Special Rapporteur recalls that children should be charged, tried and sentenced within a State's system of juvenile justice, affording them adequate forms of protection, and never within the adult criminal justice systems. In addition, laws, policies and practices that allow children to be subjected to adult sentences are inherently cruel, inhuman or degrading because they fail to consider any of the special measures of protection or safeguards that international law requires for children. Children should never be treated as if they were adults. Because children are less emotionally and psychologically developed, they are less culpable for their actions and their sentencing should reflect the principle of rehabilitation and reintegration.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 77
- Paragraph text
- An important safeguard against torture and other forms of ill-treatment is the support given to children in detention to maintain contact with parents and family through telephone, electronic or other correspondence, and regular visits at all times. Children should be placed in a facility that is as close as possible to the place of residence of their family. Any exceptions to this requirement should be clearly described in the law and not be left to the discretion of the competent authorities. Moreover, children should be given permission to leave detention facilities for a visit to their home and family, and for educational, vocational or other important reasons. The child's contact with the outside world is an integral part of the human right to humane treatment, and should never be denied as a disciplinary measure.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 80
- Paragraph text
- Within the context of administrative immigration enforcement, it is now clear that the deprivation of liberty of children based on their or their parents' migration status is never in the best interests of the child, exceeds the requirement of necessity, becomes grossly disproportionate and may constitute cruel, inhuman or degrading treatment of migrant children. Following the advisory opinion of the Inter-American Court of Human Rights on the rights and guarantees of children in the context of migration and/or in need of international protection in 2014, the Special Rapporteur recalls the different procedural purposes between immigration and criminal proceedings, and that, in the words of the Court, "the offenses concerning the entry or stay in one country may not, under any circumstances, have the same or similar consequences to those derived from the commission of a crime." The Special Rapporteur therefore concludes that the principle of ultima ratio that applies to juvenile criminal justice is not applicable to immigration proceedings. The deprivation of liberty of children based exclusively on immigration-related reasons exceeds the requirement of necessity because the measure is not absolutely essential to ensure the appearance of children at immigration proceedings or to implement a deportation order. Deprivation of liberty in this context can never be construed as a measure that complies with the child`s best interests. Immigration detention practices across the globe, whether de jure or de facto, put children at risk of cruel, inhuman or degrading treatment or punishment. Furthermore, the detention of children who migrate to escape exploitation and abuse contravenes the duty of the State to promote the physical and psychological recovery of child victims in an appropriate environment. Therefore, States should, expeditiously and completely, cease the detention of children, with or without their parents, on the basis of their immigration status. States should make clear in their legislation, policies and practices that the principle of the best interests of the child takes priority over migration policy and other administrative considerations. Also, States should appoint a guardian or adviser as soon as the unaccompanied or separated child is identified, and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State (A/HRC/20/24, para. 41). While the Special Rapporteur acknowledges that, in certain circumstances it is possible for States to place children in a shelter or other accommodation when it is based on the purpose of child care, protection and support, this should not become a proxy for expanded unnecessary restrictions to the liberty of child migrants and families. States are required to favour measures that promote the care and well-being of the child rather than the deprivation of liberty. Facilities that grant accommodation for migrant children should have all the material conditions necessary and provide an adequate regime to ensure comprehensive protection from ill-treatment and torture, and allow for their holistic development. Migrant children should be separated from children who have been accused or convicted of criminal offences and from adults. The Special Rapporteur notes, however, that separating child migrants from unrelated adults can sometimes itself result in harm by depriving children of important interactions; ample opportunities for broader human interaction and physical activity must therefore be given to unaccompanied migrant children. When children are accompanied, the need to keep the family together is a not sufficient reason to legitimize or justify the deprivation of liberty of a child, given the prejudicial effects that such measures have on the emotional development and physical well-being of children. The Special Rapporteur shares the view of the Inter-American Court of Human
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 81
- Paragraph text
- The Special Rapporteur recommends that States adopt child-friendly administrative and criminal court procedures and train police officers, border guards, detention staff, judges and others who may encounter children deprived of their liberty in child protection principles and a better understanding of the vulnerabilities of children to human rights violations, such as torture and other forms of ill-treatment. Special mention should be made of girls, who are particularly vulnerable, and to special groups of children, such as minorities, disabled children and migrants.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph