space 27 and health care of the same level as the general population ± such as
immediate access to a doctor 28 . When it comes to minors, from infancy through
adolescence, their age makes them inherently vulnerable to all sorts of dangers,
starting from the initial fact of confinement. Adults respond to and experience
detention differently from adolescents - though not without significant difficulty as
well ±, let alone a child younger than 12 years of age. In any case ³FKLOGUHQPXVWEH
treated first and for most as children.´29 Therefore, additional safeguards and stricter
provisions are laid down to secure that detention conditions and services offered are
tailored to their needs. In this context, any element of an incarcerated environment is
forbidden (e.g bars, batons of custodial stuff in open view etc.). Particular vigilance is
required to ensure that their psychical and mental wellbeing and development are
adequately protected and promoted. Among others, purposeful, physical, and
recreational activities should be offered while in child friendly surroundings,
according to their increased needs for movement and intellectual stimulation.
Additional humanitarian, psychological and social support must be provided
individually, to prevent any psychological and social damage or emotional
deprivation.30
All the above provisions, theoretically, are to be interpreted and applied under
the auspices of the United Nations Convention for the Rights of the Child and the
27
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment ³the CPT´
every detainee in entitled to 7 mðof personal space regardless of total number of inmates, 7 mðindividually. Anything
less is to be considered as overcrowding and therefor forbidden. Extract from the 2nd General Report - CPT/Inf
43, ECHR Kalashnikov v. Russia, 47095/99 97
28
CPT Health Care Services in Prison ± Extract from the 3rd General Report [CPT/Inf (93) 12] / see also e.g ECHR Kudla v
Polland [GC] no 94, Kalashnikov v. Russia no. 97095/99 95-100.
29
Council of Europe / Committee on Migration Refugees and Population/ 5HSRUW³8QDFFRPSDQLHGFKLOGUHQLQ(XURSHLVVXHV
RIDUULYDOVWD\DQGUHWXUQ´'RF-3-2011
30
CPT : Extract from the 19th General Report: Safeguards for irregular migrants deprived of their liberty [Cpt/inf (2009)27] Additional Safeguards for Children, Extract from the 2nd general Report [Cpt/Inf(92)3] : Imprisonment - / Extract from the 9th
General Report [Cpt/Inf (99) 12] : Juveniles deprived of their liberty. / see also ECHR Rahimi v. Greece, Mubilanzila Mayeka
& Kaniki Mitunga v Belgium.
11
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