• In particular, imprisonment or detention of children must only take place as a measure of
last resort and be for the shortest possible period of time.
• The Advisory Council notes the disturbing trend towards the use of children in terrorist
acts. This breach of children’s rights must be proscribed by law and active measures taken
to prevent and eliminate such practices while providing adequately for social recovery and
reintegration of the children concerned.
DISCUSSION
While recognising the right of States to establish under their laws who is considered to be a
minor, international human rights instruments that differentiate between ‘minors’, ‘juveniles’,
‘children’ and others, establish the age of majority at eighteen years.35
Children are of course entitled to the protection of all human rights instruments but they are
also entitled to added protections. The overriding principle is set out in article 3(1) of the
CRC which provides that in all actions concerning children, whether undertaken by public or
private social welfare institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be a primary consideration. There are also specific
provisions dealing with children who are detained and/or charged with a criminal offence.
Detention
In accordance with the CRC, detention of children must only ‘be used only as a measure of
last resort and for the shortest appropriate period of time’.36 Even as a measure of last resort,
imprisonment or detention cannot be imposed when a child is under the reasonable age for
criminal responsibility.
Other protections afforded specifically to children in detention are set out in Article 37(c):
Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity
of the human person, and in a manner which takes into account the needs of persons of his or her
age. In particular, every child deprived of liberty shall be separated from adults unless it is
35
Part I, Article 1, CRC; Article 6(5), ICCPR; Part II, Article 11(a), United Nations Rules for the Protection of
Juveniles Deprived of their Liberty.
36
Article 37(b), CRC.
42