RIGHT TO LIBERTY AND SECURITY: CRIN's submission on draft General Comment No. 35 on Article 9 of the ICCPR

This submission represents the views of the Child Rights International Network (CRIN) (www.crin.org) on the proposed draft general comment No. 35 by the UN Human Rights Committee.

These comments focus on the sections of the general comment that specifically address or impact on the rights of children in the context of the right to liberty and security of person and freedom from arbitrary arrest and detention.

CRIN argues that this General Comment on article 9 of the International Covenant on Civil and Political Rights (the Covenant) should identify the special measures that states should take to protect children who are arrested, charged with criminal offences or otherwise deprived of their liberty, in line with the requirement set out in Article 24(1) of the Covenant.

This General Comment should identify measures:

  • to reiterate the requirement under article 37(b) of the Convention on the Rights on the Child that “[t]he arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time”.

  • to ensure children are met with a child friendly justice system that minimises the challenges they face in each aspect of a legal proceeding, provides them with free legal representation and ensures the rights and guarantees of a fair trial adapted to their needs.

  • to ensure children are met with systems which renounce retribution and focus exclusively on children's rehabilitation, with the necessary attention to public safety and security.

Download the full submission.

The Draft General Comment and the submissions made by States, NGOs and NHRIs are available through the website of the OHCHR.

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