CRC/C/GC/24 and impartial authority or a judicial body, and the child should be provided with the necessary legal and other appropriate assistance. Procedural rights (art. 37 (d)) 100. Every child deprived of his/her liberty has the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action. 101. The Committee encourages the State parties to fix an age limit for the use of deprivation of liberty and recommends that no child in conflict with the law below the age of 16 years old be deprived of liberty, either at the pre-trial or post-trial stage. Even above that age, deprivation of liberty should only be used as a measure of last resort and for the shortest period of time with the child’s best interests as a primary consideration. 102. Every child arrested and deprived of his/her liberty should be brought before a competent authority to examine the legality of the deprivation of liberty or its continuation within 24 hours. The Committee also recommends that the States parties ensure by strict legal provisions that the legality of a pre-trial detention is reviewed regularly, preferably on a weekly basis. In cases where conditional release of the child, e.g. by applying non-custodial measures, is not possible, the child should be formally charged with the alleged offences and be brought before a court or other competent, independent and impartial authority or judicial body not later than 30 days after his/her pre-trial detention takes effect. The Committee, conscious of the practice of adjourning court hearings many times and/or for long periods, urges the States parties to introduce legal provisions to ensure that the court/juvenile judge or other competent body makes a final decision on the charges not later than six months after they have been presented. 103. The right to challenge the legality of the deprivation of liberty includes not only the right to appeal, but also the right to access the court, or other competent, independent and impartial authority or judicial body, in cases where the deprivation of liberty is an administrative decision (e.g. the police, the prosecutor and other competent authority). The right to a prompt decision means that a decision must be rendered as soon as possible, e.g. within or not later than two weeks after the challenge is made. Treatment and conditions (art. 37 (c)) 104. Every child deprived of liberty shall be separated from adults. A child deprived of his/her liberty shall not be placed in a centre of prison for adults. There is abundant evidence that the placement of children in adult centres or prisons compromises their basic safety and their future ability to remain free of crime and to reintegrate. The permitted exception to the separation of children from adults stated in article 37 (c) of CRC, “unless it is considered in the child’s best interests not to do so”, should be interpreted narrowly; the child’s best interests does not mean for the convenience of the States parties. States parties should establish separate facilities for children deprived of their liberty, which include appropriately trained personnel, and operate according to child-friendly policies and practices. 105. This rule does not mean that a child placed in a facility for children must be moved to a facility for adults immediately after he/she turns 18. Continuation of his/her stay in the facility for children should be possible if that is in his/her best interest and not contrary to the best interests of the children in the facility. 106. Every child deprived of liberty has the right to maintain contact with his/her family through correspondence and visits. In order to facilitate visits, the child should be placed in a facility that is as close as possible to the place of residence of his/her family. Exceptional circumstances that may limit this contact should be clearly described in the law and not be left to the discretion of the competent authorities. 107. The Committee draws the attention of States parties to the Havana Rules for the Protection of Juveniles Deprived of their Liberty (1990) and encourages their full implementation, while also taking into account as far as relevant the Standard Minimum Rules for the Treatment of Prisoners and the UN Rules for the Treatment of Women Prisoners 19

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