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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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2015
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. 48
- Paragraph text
- Girls deprived of their liberty are at a heightened risk of sexual violence, sexual exploitation and underage pregnancies while in detention. The risk of sexual abuse is greater when male guards supervise girls in detention. Girls deprived of their liberty have different needs not only to those of adults but also of boys. Girls in detention are often not only children but also carers, either as mothers or as siblings, and have specific health, hygiene and sanitary needs. Across the globe, girls are rarely kept separately from women in pretrial and post-conviction settings (see A/HRC/16/52/Add.3, para. 54). Similarly, the Special Rapporteur notes that lesbian, gay, bisexual, transgender and intersex children are at a heightened risk.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- LGBTQI+
- Women
- Year
- 2015
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. 53
- Paragraph text
- Special attention should be paid to children deprived of their liberty in health-care institutions (including hospitals, public and private clinics, hospices and institutions where healthcare is delivered). Children are detained in such settings primarily to treat psychiatric, psychosocial or intellectual disabilities, or drug dependence issues. Almost all States have legislation that permits the detention of children for psychiatric health purposes. Persons with disabilities are particularly affected by forced medical interventions, and continue to be exposed to unwarranted non-consensual medical practices (A/63/175, para. 40). During his country visits, the Special Rapporteur has observed that, in particular with regard to children with disabilities, "incapacity" is often presumed, which limits their ability to decide where to live and what treatment to receive, and may be taken as the basis of substitution of determination and decision-making by the child, or by parents, guardians, carers or public authorities. Structural inequalities, such as the power imbalance between medical doctors and patients, exacerbated by stigma and discrimination, result in children with disabilities being disproportionately vulnerable to having informed consent compromised (A/HRC/22/53, para. 29). In this context, the Committee on the Rights of Persons with Disabilities, in its general comment No. 1 (CRPD/C/GC/1), explained that involuntary psychiatric treatment is prohibited on the grounds that it violates the right to consent to medical treatment under article 12 of the Convention on the Rights of Persons with Disabilities and the absolute prohibition of torture and cruel, inhuman and degrading treatment (para. 42). The Committee on the Rights of the Child, in its general comment No. 12 (CRC/C/GC/12), stated that children should be provided with information about proposed treatments and their effects and outcomes, including in formats appropriate and accessible to children with disabilities (paras. 48 and 100).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
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. 54
- Paragraph text
- The Special Rapporteur observes that children who use, or are suspected of using, drugs are commonly involuntarily confined in so-called rehabilitation centres. Children thus confined are compelled to undergo diverse interventions (A/HRC/22/53, para. 40), including painful withdrawal from drug dependence without adequate medical assistance, administration of unknown or experimental medications, State-sanctioned beatings, caning or whipping, forced labour, sexual abuse and intentional humiliation. Other reported abuses included "flogging therapy", "bread and water therapy", and electroshock resulting in seizures, all in the guise of rehabilitation. In some countries, a wide range of other marginalized groups, including street children and children with psychosocial disabilities, are reportedly detained in these centres.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
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. 85d
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To ensure that paediatricians and child psychologists with trauma-informed training are available on a regular basis to all children in detention, and to establish specialized medical screenings inside places of deprivation of liberty to detect cases of torture and ill-treatment, including access to forensic evaluation;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- Children
- Year
- 2015
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. 77
- Paragraph text
- Children who are born with atypical sex characteristics are often subject to irreversible sex assignment, involuntary sterilization, involuntary genital normalizing surgery, performed without their informed consent, or that of their parents, "in an attempt to fix their sex", leaving them with permanent, irreversible infertility and causing severe mental suffering.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2013
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. 85a
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To ensure that deprivation of liberty is used only as a measure of last resort only in exceptional circumstances and only if it is in the best interests of the child;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 22
- Paragraph text
- Solitary confinement can amount to torture or ill-treatment when used as a punishment, during pretrial detention, for prolonged periods or indefinitely and on juveniles. Solitary confinement of any duration must never be imposed on juveniles, or persons with mental or physical disabilities, or on pregnant and breastfeeding women, or mothers with young children. (A/66/268). Its use as a measure of retaliation against women who have complained of sexual abuse or other harmful treatment must also be prohibited. Female prisoners subjected to solitary confinement suffer particularly grave consequences as it tends to retraumatize victims of abuse and women suffering from mental health problems. It places women at greater risk of physical and sexual abuse by prison staff and severely limits family visits.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2016
Paragraph
Commissions of inquiry 2012, para. 62
- Paragraph text
- Where human rights violations have had a distinct ethnic, racial, or religious dimension, it is important to include people who fully understand the plight of affected communities. Under all circumstances careful attention should be paid to the inclusion of women in the composition of the commission. Of additional value is the inclusion of individuals with a gender perspective to better understand the specific ways in which vulnerable persons, including, women, children, lesbian, gay, bisexual and transgender persons, persons with disabilities and persons belonging to a minority or indigenous group suffer from gross violations, including torture and other forms of ill-treatment and how they affect their communities. Geographic and cross-cultural balance in a commission is also of the greatest importance, as long as the standards of expertise and professionalism are not diminished for the sake of political balance.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- LGBTQI+
- Women
- Year
- 2012
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. 40
- Paragraph text
- Compulsory detention for drug users is common in so-called rehabilitation centres. Sometimes referred to as drug treatment centres or "reeducation through labor" centres or camps, these are institutions commonly run by military or paramilitary, police or security forces, or private companies. Persons who use, or are suspected of using, drugs and who do not voluntarily opt for drug treatment and rehabilitation are confined in such centres and compelled to undergo diverse interventions. In some countries, a wide range of other marginalized groups, including street children, persons with psychosocial disabilities, sex workers, homeless individuals and tuberculosis patients, are reportedly detained in these centres.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2013
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. 16
- Paragraph text
- Children deprived of their liberty are at a heightened risk of violence, abuse and acts of torture or cruel, inhuman or degrading treatment or punishment. Even very short periods of detention can undermine a child's psychological and physical well-being and compromise cognitive development. Children deprived of liberty are at a heightened risk of suffering depression and anxiety, and frequently exhibit symptoms consistent with post-traumatic stress disorder. Reports on the effects of depriving children of liberty have found higher rates of suicide and self-harm, mental disorder and developmental problems.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
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. 34
- Paragraph text
- International standards require the establishment of a minimum age of criminal responsibility that reflects when a child has the adequate mental capacity and moral competence to be punished for crimes. In its general comment No. 10 (CRC/C/GC/10), the Committee on the Rights of the Child encouraged States parties to increase their lower minimum age of criminal responsibility to the age of 12 years as the absolute minimum age, and to continue to increase it to a higher age level. Nevertheless, many countries still maintain a minimum age of criminal responsibility well below 12 years.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70o
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] When the detention of children with their mothers in prison is unavoidable,implement effective safeguards, including regular monitoring and review of every case to ensure that the children are never treated like prisoners; ensure that the full range of the children's needs, whether medical, physical, psychological or educational, including living conditions that are adequate for a child's development, are guaranteed in practice;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Girls
- LGBTQI+
- Women
- Year
- 2016
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. 71
- Paragraph text
- There is widespread agreement among experts that the institutionalization of children contributes to physical underdevelopment, abnormalities in brain development, reduced intellectual abilities and development, delays in speech and language development, and diminished social skills. Inappropriate conditions of detention exacerbate the harmful effects of institutionalization on children. The Special Rapporteur observes that one of the most important sources of ill-treatment of children in those institutions is the lack of basic resources and proper government oversight.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Year
- 2015
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. 82
- Paragraph text
- Children deprived of their liberty and their parents or legal representatives should have avenues of complaint open to them in administrative systems, and should be entitled to address complaints confidentially to an independent authority. Upon admission, children should be given information on lodging a complaint, including the contact details of the authorities competent to receive complaints, as well as the address of any services that provide legal assistance. In this context, the Special Rapporteur welcomes the establishment of independent, local, socio-legal defence centres that provide children with the effective opportunity to have access to justice and subsequently to obtain remedies and advocate for systematic training in children's rights for professionals.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2015
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 79
- Paragraph text
- Given that particular groups are more vulnerable during questioning, the protocol should contain specific provisions for, among others, children, women and girls, persons with disabilities, persons belonging to minorities or indigenous groups and non-nationals, including migrants (regardless of migration status), refugees, asylum seekers and stateless persons. The vulnerability of persons should be promptly identified for special consideration of their needs to be reflected in the conduct of interviews and implementation of additional safeguards.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2016
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. 27
- Paragraph text
- The Havana Rules indicate how States should approach the deprivation of liberty of children, going beyond the Standard Minimum Rules for the Treatment of Prisoners by including guidelines on classification and placement, physical environment and accommodation, education, vocational training and work, recreation, religion and medical care, notification of illness, injury and death, contact with the wider community, limitations of physical restraint and the use of force, as well as disciplinary procedures and return to the community.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2015
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. 70
- Paragraph text
- In determining the seriousness of acts that may constitute ill-treatment or torture, due consideration must be given to physical and mental effects and the age of the victim. In the case of children, higher standards must be applied to classify treatment and punishment as cruel, inhuman or degrading. In addition, the particular vulnerability of children imposes a heightened obligation of due diligence on States to take additional measures to ensure their human rights to life, health, dignity and physical and mental integrity.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70n
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Consider the imprisonment of pregnant women and women with young children only when other alternatives are unavoidable or unsuitable; ensure that sentencing policies and practices respect the best interests of the child, including the need to maintain direct contact with mothers; assist female offenders with tools to carry out child-rearing responsibilities and make special provisions for mothers prior to admission to allow for alternative childcare arrangements; and allow children to maintain personal relations and direct contact with mothers in detention;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- LGBTQI+
- Women
- Youth
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2013
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. 61
- Paragraph text
- In addition, many child migrants suffer appalling and inhuman conditions while detained including overcrowding, inappropriate food, insufficient access to drinking water, unsanitary conditions, lack of adequate medical attention, and irregular access to washing and sanitary facilities and to hygiene products, lack of appropriate accommodation and other basic necessities. In some cases, detention centres refuse to keep migrant children with their families also being detained, and have denied migrant children's right to communicate with their families. Such practices effectively isolate child detainees from social support groups.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Water & Sanitation
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 80
- Paragraph text
- With regard to the need to inform persons of their rights during questioning, additional safeguards are required for certain persons, with thorough explanations of the rights of children and persons with intellectual or psychosocial disabilities being provided directly to, among others, their parents, families, guardians or legal representatives (see general comment No. 35; and Inter-American Court of Human Rights, Tibi v. Ecuador).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2016
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. 78
- Paragraph text
- Children in detention should be provided throughout the day with a full programme of education, sport, vocational training, recreation and other purposeful out-of-cell activities. This includes physical exercise for at least two hours every day in the open air, and preferably for a considerably longer time. Girls should under no circumstances receive less care, protection, assistance and training, including equal access to sport and recreation.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Year
- 2015
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. 17
- Paragraph text
- The unique vulnerability of children deprived of their liberty requires higher standards and broader safeguards for the prevention of torture and ill-treatment. Specific practices and issues, such as segregation, the organization and administration of detention facilities, disciplinary sanctions, opportunities for rehabilitation, the training of specially qualified personnel, family support and visits, the availability of alternative measures, and adequate monitoring and oversight, require specific attention and modified standards.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
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. 85r
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To establish independent monitoring mechanisms at all places of deprivation of liberty, including places run by private actors, through regular and unannounced visits, and to include civil society organizations in the monitoring of places of deprivation of liberty;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2015
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. 18
- Paragraph text
- For the above reasons, the Special Rapporteur has chosen to dedicate his thematic report to the unique forms of protection due to children deprived of their liberty and the particular obligations of States with regard to preventing and eliminating torture and ill-treatment of children in the context of deprivation of liberty.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2015
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2015
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. 79
- Paragraph text
- The Special Rapporteur recalls that detention and forced labour programmes for children who use drugs are not a legitimate substitute for evidence-based measures, such as substitution therapy, psychological intervention and other forms of treatment given with full, informed consent (A/65/255, para. 31). Drug dependence as a "multi-factoral health disorder" requires a health response rather than recourse to detention.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2015
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. 46
- Paragraph text
- Children are subjected to a range of adult punishments in detention, including physical and manual restraints, routine humiliation and degrading searches, and the indiscriminate use of mace, pepper spray and other harmful chemicals. During country visits, the Special Rapporteur has observed the use of psychotropic drugs for children in detention in order to maintain security in juvenile detention facilities (see A/HRC/22/53/Add.3, para. 52). In some instances, such forms of punishment (especially restraints) are adopted as a first resort rather than being used only in exceptional cases.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2015
Paragraph