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Prohibition of capital punishment, life imprisonment, torture, or degrading treatment
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Principle of non-detention of children, if necessary only as last resort and for the shortest appropriate time
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Humane treatment and respect for human dignity at all times
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No deprivation of liberty without due process
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Structural
Indicators
as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights.
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1. Legislative guarantees are in place to protect the child’s Article 37 rights protecting them from unlawful or arbitrary arrest, detention, or imprisonment, and from torture or degrading treatment including capital punishment or life imprisonment without possibility of parole.
2. The State has ratified the 1985 Convention against Torture and its 2002 protocol and established a national prevention mechanism for monitoring deprivations of liberty, with a specialized mandate for children.
3. State supports civil society institutions to monitor the situation of children deprived of liberty.
4. Existence of a national coordinating framework for the reduction and monitoring of all forms of child deprivations of liberty.
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5. Court remedies exist and a clear jurisprudence to prohibit capital punishment of life imprisonment and torture or degrading treatment of children and to compensate victims of such.
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6. All laws are adapted to guarantee children Article 37 rights by:
6.1 Only allowing detention of criminally responsible children and only as a last resort and for the shortest appropriate time
6.2 Ensuring that no child is deprived of liberty as an immigration measure
6.3 Ensuring that health laws conform with the UNCRC guarantees
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7. National Prevention Mechanism and independent child rights institution have unlimited and unconditional access to facilities where children are deprived of liberty and full freedom to conduct random audits and reviews of service .
8. National laws provide that all institutions where children are deprived of liberty provide separate facilities for children and adults, taking into consideration the needs of all genders of children.
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9. Legislation guarantees children due process rights including:
9.1 Right to independent legal representation
9.2 The right to maintain contact with family
9.3 The right to judicial review of any deprivation of liberty in accordance with principles of child-friendly justice
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Process
Indicators
refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.
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10. Percentage of received complaints on the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment investigated or adjudicated by the national child rights institution, Children’s Commissioner, Advocate, Ombudsman or other mechanism and the percentage responded to effectively by the government in the reporting period.
11. Percentage of behavioural incidents involving detainees that resulted in the use of force, use of restraints, segregation or restrictions on movement by institution, by year, by type of intervention and by disaggregated class of detainees.
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12. Rate of deprivations of liberty of minors per 10,000 children by,
12.1 Length of sentence
12.2 Category and seriousness of offence
12.3 Kind of institution (open or closed custody)
12.4 Year and disaggregated class of detainee
13. Percentage of children who are subject to pre-trial detention.
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14. Percentage of all staff in settings where children may be deprived of liberty who are trained in relation to non-violent threat response, trauma informed care and child-rights based approaches.
15. Percentage of children in detention not wholly separated from adults.
16. Percentage of complaints about detention that are investigated within 48 hours and addressed within 30 days.
17. Percentage of correctional services, health services or police commission complaints alleging abuse of force involving children.
18. Percentage of places of detention that have had an independent inspection visit in last 12 months.
19. Existence of a complaints system for children in detention.
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20. Time served by children in pre-trial detention and time served for institutional charges following committal, as proportion of total time served.
21. Percentage of children diverted or sentenced who enter a pre-sentence diversion scheme, by year, disaggregated class of detainee and charge alternative. (Art 40(3))
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Outcome
Indicators
refers to a measurable resultant change either in the “rights environment” or directly in lives of children.
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22. Percentage of children in institutions where they are deprived of liberty who feel they are treated fairly and humanely at all times.
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23. Percentage of children charged with a penal infraction who report that their interactions with the justice system have made them resolve to avoid any recidivism.
24. Number of children in detention, post and pre-sentence per 100,000 child population. (Art 40-Ind 22)
25. Time spent in detention by children pre and post sentencing (in days).
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26. Percentage of children deprived of liberty who feel that their views are heard and opinions considered in decisions affecting them.
27. Percentage of children deprived of liberty who report that decisions about their lives and detention are taken with their best interests in mind.
28. Percentage of places of detention operating a complaints system.
29. Percentage of children deprived of liberty who have had contact with family within the last 3 months, by:
29.1 Frequency of visit
29.2 Status of family member contacted
29.3 Direct or indirect contact with family
29.4 Place of detention
30. Rate of child deaths and critical injury reports of children in detention by year per 1000 children detained.
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31. Percentage of children in conflict with the law who report that they feel safe and that they were treated fairly in their interactions with police and court officials.
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