(iv)
The nature of special protections that should be extended to minors when imprisoned,
detained or searched in accordance with international law
• Minors/children must be treated in accordance with the CRC and related rules which
require special protection for those under 18 years of age. The overriding principle is that
the best interests of the child must be a primary consideration.
• 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.
(v)
The safeguards to be followed in the event of imprisonment or detention of a person in
accordance with international law
• Every person detained is entitled to be treated with humanity and with respect for the
inherent dignity of the human person.
• In particular, in addition to effective judicial review of detention and due process rights,
the following safeguards apply to all persons detained or imprisoned:
o The right to be free from torture;
o Humane and appropriate conditions of incarceration;
o Notification of and access to family;
o Immediate access to legal counsel;
o Consular assistance; and
o The right to an interpreter.
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