Handboek voor begeleiders van vluchtelingen en ... - Stichting ROS

• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
of Punishment (CAT): Under Article 3 of CAT, State Parties are prohibited from
returning or extraditing persons to another State where they may face torture. Article
16 requires states to prevent acts of cruel, inhuman or degrading treatment or
punishment by or at the instigation of or with the consent or acquiescence of public
officials or other persons in an official capacity. CAT also provides an individual
complaint mechanism for persons to file against State Parties who claim to be victims
of a violation of the Convention.
• Convention on the Rights of the Child (CRC): Article 3 of the CRC establishes the
standard of best interest of the child in all actions concerning children, whether taken
by public or private institutions. Article 9 requires State Parties to ensure that
children are not separated from their parents against their will with some exceptions.
Article 22 requires that State Parties take all appropriate measures to make sure that a
refugee child or one who is seeking refugee status, whether accompanied or
unaccompanied, be given appropriate protection and humanitarian assistance. Article
37 prohibits torture or other cruel, inhuman or degrading treatment or punishment
against children and states that children should not be deprived of their liberty
unlawfully or arbitrarily. Detention should only be used as a last measure and for the
shortest time possible.
• Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (Migrant Workers Convention): Several provisions
in the Migrant Workers Convention address detention. Article 16 provides that
migrants should not be subjected either individually or collectively to arbitrary arrest
or detention. Article 17 states that when detained, migrants must be held in
conditions of dignity and should be held separate from persons convicted of crimes or
awaiting trial. Article 23 provides that migrants in detention have a right to be
advised of their right to contact their consulate and efforts should be made by the
detaining authorities to facilitate such access when requested. It should be noted that
the Migrant Workers Convention applies to both documented and undocumented
migrants.
• Standard Minimum Rules for the Treatment of Prisoners: These rules were
adopted by the First United Nations Congress on the Prevention of Crime and the
Treatment of Offenders in Geneva in 1955 and approved by the Economic and Social
Council by resolutions in 1957 and again in 1977. They apply to both civil and
criminal prisoners and set out what is good principle and practice in the treatment of
prisoners and the management of institutions which detain and house prisoners. The
Rules cover issues such as: separation of different categories or prisoners; type of
accommodation; personal hygiene; clothing and bedding; exercise and sport; medical
services; discipline and punishment; instruments of restraint; information to and
complaints by prisoners; contact with the outside world; books; religion; retention of
prisoners’ property; notification of death, illness, transfer, etc.; removal of prisoners;
institutional personnel; and inspection of prisons.
• Code of Conduct for Law Enforcement Officials: The code, adopted by the UN
General Assembly in 1979, applies to all law enforcement personnel defined as: all
officers of the law, whether appointed or elected, who exercise police powers,
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