CRC/C/GC/10
page 23
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 distinct,
child-centred staff, personnel, policies and practices.
86. This rule does not mean that a child placed in a facility for children has to 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 younger children in the facility.
87. 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.
88. The Committee draws the attention of States parties to the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty, adopted by the General Assembly in its
resolution 45/113 of 14 December 1990. The Committee urges the States parties to fully
implement these rules, while also taking into account as far as relevant the Standard Minimum
Rules for the Treatment of Prisoners (see also rule 9 of the Beijing Rules). In this regard, the
Committee recommends that the States parties incorporate these rules into their national laws
and regulations, and make them available, in the national or regional language, to all
professionals, NGOs and volunteers involved in the administration of juvenile justice.
89. The Committee wishes to emphasize that, inter alia, the following principles and rules need
to be observed in all cases of deprivation of liberty:
− Children should be provided with a physical environment and accommodations which
are in keeping with the rehabilitative aims of residential placement, and due regard must
be given to their needs for privacy, sensory stimuli, opportunities to associate with their
peers, and to participate in sports, physical exercise, in arts, and leisure time activities;
− Every child of compulsory school age has the right to education suited to his/her needs
and abilities, and designed to prepare him/her for return to society; in addition, every
child should, when appropriate, receive vocational training in occupations likely to
prepare him/her for future employment;
− Every child has the right to be examined by a physician upon admission to the
detention/correctional facility and shall receive adequate medical care throughout
his/her stay in the facility, which should be provided, where possible, by health facilities
and services of the community;
− The staff of the facility should promote and facilitate frequent contacts of the child with
the wider community, including communications with his/her family, friends and other
persons or representatives of reputable outside organizations, and the opportunity to
visit his/her home and family;
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