REPORT BY THE SUB-COMMITTEE ON UNCRC 61 traditional practices prejudicial to the health of abduction of, the sale of or traffic in children for any family through correspondence and visits, save in children. purpose or in any form. exceptional circumstances; (d) Every child deprived of his or her liberty shall 70 Article 33 of The United Nations Convention on the 73 Article 36 of The United Nations Convention on have the right to prompt access to legal and other rights of the child the rights of the child - States Parties shall protect appropriate assistance, as well as the right to States Parties shall take all appropriate measures, the child against all other forms of exploitation challenge the legality of the deprivation of his including legislative, administrative, social and prejudicial to any aspects of the child's welfare. or her liberty before a court or other competent, educational measures, to protect children from independent and impartial authority, and to a the illicit use of narcotic drugs and psychotropic 74 substances as defined in the relevant international rights of the child treaties, and to prevent the use of children in the States Parties shall ensure that: 76 illicit production and trafficking of such substances. (a) No child shall be subjected to torture or rights of the child other cruel, inhuman or degrading treatment or 1. States Parties recognize the right of every child punishment. Neither capital punishment nor life alleged as, accused of, or recognized as having rights of the child imprisonment without possibility of release shall be infringed the penal law to be treated in a manner States Parties undertake to protect the child from imposed for offences committed by persons below consistent with the promotion of the child's sense all forms of sexual exploitation and sexual abuse. eighteen years of age; of dignity and worth, which reinforces the child's For these purposes, States Parties shall in particular (b) No child shall be deprived of his or her liberty respect for the human rights and fundamental take all appropriate national, bilateral and unlawfully or arbitrarily. The arrest, detention or freedoms of others and which takes into account multilateral measures to prevent: imprisonment of a child shall be in conformity with the child's age and the desirability of promoting (a) The inducement or coercion of a child to engage the law and shall be used only as a measure of last the child's reintegration and the child's assuming a in any unlawful sexual activity; resort and for the shortest appropriate period of constructive role in society. (b) The exploitative use of children in prostitution time; 2. To this end, and having regard to the relevant or other unlawful sexual practices; (c) Every child deprived of liberty shall be treated provisions of international instruments, States (c) The exploitative use of children in pornographic with humanity and respect for the inherent dignity Parties shall, in particular, ensure that: performances and materials. of the human person, and in a manner which takes (a) No child shall be alleged as, be accused of, into account the needs of persons of his or her age. or recognized as having infringed the penal law In particular, every child deprived of liberty shall by reason of acts or omissions that were not rights of the child be separated from adults unless it is considered prohibited by national or international law at the States Parties shall take all appropriate national, in the child's best interest not to do so and shall time they were committed; bilateral and multilateral measures to prevent the have the right to maintain contact with his or her (b) Every child alleged as or accused of having 71 72 Article 34 of The United Nations Convention on the Article 35 of The United Nations Convention on the Article 37 of The United Nations Convention on the prompt decision on any such action. Article 40 of The United Nations Convention on the