Article: 7 Birth registration, name, nationality and right to know and be cared for by parents
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 7 including identification and coordination of the responsible departments and agencies at all levels of government (article 7 is relevant to the departments of justice, home affairs, social welfare and health)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 7 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 7, likely to include the training of birth registration officers, social workers, adoption agency staff and medical personnel)? Specific issues in implementing article 7 Does domestic law require parents to register children immediately after their birth?  Is the duty to register well publicized?  Is registration free?  Is registration made easy for parents, both in terms of access (for example by providing mobile registration units or using schools) and comprehensibility (for example by use of minority languages or by training registration staff)?  Are all children born within the jurisdiction registered, including those born of non-citizens?  Where parents fail to register children, is there a duty on the State to secure registration? Does registration include necessary information for the child to claim his or her rights to: a name?  a nationality?  knowledge of parentage? Are arrangements in place to secure the confidentiality of any potentially stigmatizing information on the birth register?  Does domestic law provide for the naming of all children from birth?  Does this law ensure that no children are discriminated against (for example by laws requiring certain forms of naming)?  Are children of appropriate maturity able to apply to change their names?  Are the courts empowered to veto a name that is against the best interests of the child (for example on which could render the child an object of fear or ridicule)?  Does domestic law ensure that all stateless children living within the jurisdiction have a right to acquire the State's nationality?  Has the State ratified the Convention on Reduction of Statelessness 1961?  Is there no discrimination between forms of nationality?  Is there no discrimination in the acquisition of nationality (for example in relation to children born out of wedlock or to rights to acquire the nationality of either parent)?  Are children able to apply to change their nationality?  Does domestic law and administrative practice ensure that the identities of children's parents (including genetic parents, birth mother and caring parents) are accurately recorded and preserved?  Do children have the right to know from the earliest date possible the truth about the particular circumstances of their parenting (for example by adoption or by an artificial form of conception)?  Do all children, including adopted children and children conceived by artificial forms of conception, have the right to know, as far as possible, who their genetic parents are?  Is any refusal of this right based either on the grounds that refusal of information is necessary to protect the child from a likelihood of harm or is necessary to protect the child's parent from a likelihood of harm?  When children are refused the right to know parentage, are they able to reapply at a later date?  Do domestic laws contain a presumption that children should be cared for by their parents?  Is this law framed as the child's right? Where children do not wish to be cared for by parents, is provision made to investigate the reasons why they do not and to provide alternative measures of care while arrangements for their future are being determined?				Go to the main page for article 7, Name and nationality. Jump to indicators for these articles: Identity (8)  Freedom of expression (13)  Thought, conscience and religion (14) Freedom of association (15) Privacy (16) Appropriate information (17) Torture and deprivation of liberty (37) To view indicators for other articles, click here.

 

Article: 8 Preservation of identity
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 8, including identification and coordination of the responsible departments and agencies at all levels of government (definition of the child in article is relevant to the departments of justice, home affairs, foreign affairs, public communication and the media, social welfare and education)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 8 widely known to adults and children?  development of appropriate training and awareness-raising? Specific issues in implementing article 8  Are children able to acquire the nationality of both parents?  Are children able to acquire the nationality of the State in which they have lived for a significant period?  Are they able to live with their parents in their State of nationality?  Are questions of nationality and right to family reunification dealt with speedily?  Are any changes of children's name overseen by a judicial process which gives paramount consideration to the best interests of the child?  Are such changes fully recorded and the records accessible to the child?  Are children able to know and associate with members of their family of origin, so far as this is compatible with their best interests?  Are accurate records kept about the identity, and any changes to the identity, of all children?  Can children apply to have access to these records?  Where parentage is in doubt, are children able to have it established by genetic testing (free of charge if necessary)?  Are other resources provided to trace missing children or missing family members (for example using tracing agencies or the media)?  Are all cases dealt with expeditiously where illegal actions relating to children's identity and family relations are alleged to have occurred?  Is unlawful interference with children's rights to preserve their identity an offence, subject to penalties?  Do education, welfare and justice systems allow the child to enjoy his or her culture, religion and language of origin?  Where children are in the care of the State, are accurate records kept about their family of origin and early childhood?  Do such children have access to these records?  Do placements of children by the State endeavor, where compatible with the child's best interests, to give continuity to the child's ethnic, religious, cultural and linguistic background?				Go to the main page for article 8, Identity  Jump to indicators for these articles: Name and nationality (7) Freedom of expression (13)  Thought, conscience and religion (14) Freedom of association (15) Privacy (16) Appropriate information (17) Torture and deprivation of liberty (37) To view indicators for other articles, click here.

 

Article: 13 Child's right to freedom of expression
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 13 including identification and coordination of the responsible departments and agencies at all levels of government (article 13 is relevant to departments of family affairs, welfare, education, media and communication)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 13 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 13, likely to include the training of all those working with or for children and their families, and parenting education)? Specific issues in implementing article 13 Is the child's right to freedom of expression as guaranteed in article 13 explicitly recognized in legislation?  Does policy and practice actively encourage the child's freedom of expression? Does law, policy and practice support the child's right to freedom of expression, as set out in article 13, in relation to the family?  alternative care?  schools?  juvenile justice institutions?  the community?  the media?  Are the only permitted restrictions on the right to freedom of expression consistent with those set out in paragraph 2 of article 13 and are they defined in legislation?  In particular, are any restrictions on the child's right to contribute to and to publish school and other publications consistent with those set out in paragraph 2?  Are special measures taken to ensure the freedom of expression of disabled children?  Has the State taken any specific measures to encourage and facilitate children's access to the media?  Is there any provision for consideration and resolution of complaints from children regarding breaches of their right to freedom of expression?				Go to the main page for article 13, Freedom of expression  Jump to indicators for these articles: Name and nationality (7) Identity (8)  Thought, conscience and religion (14) Freedom of association (15) Privacy (16) Appropriate information (17) Torture and deprivation of liberty (37) To view indicators for other articles, click here.

 

Article: 14 Child's right to freedom of thought, conscience and religion
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 14 including identification and coordination of the responsible departments and agencies at all levels of government (article 14 is particularly relevant to departments of social welfare and education and to agencies responsible for the State's relations with recognized religions)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 14 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 14, likely to include the training of religious groups and all those working with or for children and their families, and parenting education)? Specific issues in implementing article 14 Is the child’s right to freedom of thought, conscience and religion, as guaranteed in article 14, explicitly recognized in legislation?  Are there legislative and other arrangements to respect the child’s conscientious objection to military service?  Are the only restrictions on the child’s right to manifest religion or beliefs consistent with those set out in paragraph 3 of article 14, and are they defined in legislation? Does law, policy and practice promote the child’s right to freedom of thought, conscience and religion, as set out in article 14, in relation to the child/parent relationship?  all forms of alternative care?  school? Does law, policy and practice respect the rights and duties of parents to provide appropriate direction in the exercise by the child of his right as set out in article 14?  If the State has one or more religions recognized in law, does legislation respect the right of the child to have and/or practice another religion or no religion?  Do any restrictions on the right of the child to enter or leave religious communities respect the child's evolving capacities? Does legislation permit withdrawal from religious education and/or worship in schools at the request of the child?  The child's parents?  In such cases, is education and/or arrangements for worship in the religion of the child made available?  Where the State supports the provision of education in different religions, is this done without discrimination?  Is there provision for the consideration and resolution of complaints from children regarding breaches of their rights under article 14?  Have special measures been adopted to ensure the freedom of religion of disabled children?  In relation to children whose liberty is restricted, is rule 48 of the United Nations Rules for the Protection of Children Deprived of their Liberty fulfilled?				Go to the main page for article 14, Thought, conscience and religion  Jump to indicators for these articles: Name and nationality (7) Identity (8)  Freedom of expression (13) Freedom of association (15) Privacy (16) Appropriate information (17) Torture and deprivation of liberty (37) To view indicators for other articles, click here.

 

Article: 15 Child's right to freedom of association and peaceful assembly
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 15 including identification and coordination of the responsible departments and agencies at all levels of government (article 15 is relevant to departments of justice, social welfare, education)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 15 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 15, likely to include the training of all those working with or for children and their families, and parenting education)? Specific issues in implementing article 15 Are the rights of the child to freedom of association and peaceful assembly, as guaranteed in article 15, explicitly recognized in legislation?  Have measures been taken to promote opportunities for children to exercise their rights to freedom of association and peaceful assembly?  Are the only permitted restrictions on these rights consistent with those set out in paragraph 2 of article 15, and are they defined in legislation? Does law, policy or practice limit the child’s right to freedom of association and peaceful assembly in any circumstances in the community?  in school? Are there any limits on the right of children to form associations?  to join or leave associations? In relation to children in employment, are there any limits on the right of children to form and to join and to leave trades unions?  Have special measures been taken to promote the freedom of association and peaceful assembly of disabled children?  In relation to children whose liberty is restricted, are rules 13 and 59 of the United Nations Rules for the Protection Juveniles Deprived of their Liberty fulfilled?  Is there provision for the consideration and resolution of complaints from children regarding breaches of their rights under article 15?				Go to the main page for article 15, Freedom of association  Jump to indicators for these articles: Name and nationality (7) Identity (8)  Freedom of expression (13) Thought, conscience and religion (14) Privacy (16) Appropriate information (17) Torture and deprivation of liberty (37) To view indicators for other articles, click here.

 

Article: 16 Child's right to privacy
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 16 including identification and coordination of the responsible departments and agencies at all levels of government (article 16 is relevant to departments of social welfare, justice, education, media and communications)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 16 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 16, likely to include the training of all those working with or for children and their families, and parenting education)? Specific issues in implementing article 16 Does legislation specifically recognize the right of the child to protection from arbitrary or unlawful interference with his or her privacy?  family?  home?  correspondence? Does the legislation conform to all the other principles and provisions of the Convention? Does legislation prevent such interference by State agencies?  by others, including private bodies? Is the only permitted interference with the child’s privacy, family, home and correspondence set out in legislation? Does the legislation in each case ensure that such interference is not arbitrary?  conforms with all other principles and provisions of the Convention?  is reasonable in the particular circumstances? Are these legislative protections available to all children without discrimination? Does the right to protection from arbitrary or unlawful interference with privacy apply to the child in the home?  in all forms of alternative care?  in schools?  in other institutions of all kinds, both state-run and other? In relation to the child in a residential and/or custodial institution, are there special safeguards of the child’s right to privacy in relation to  physical environment and design?  visits and communication?  personal effects?  conduct and training of staff? Does the child have a right to receive confidential counselling without the consent of his/her parents on legal matters at any age?  from a specific age?  under criteria related to the child’s maturity and capacities? on medical matters at any age?  from a specific age?  under criteria related to the child’s maturity and capacities? Does legislation protect children from arbitrary and unlawful interference with their family, including members of their extended family?  Does legislation protect children from arbitrary and unlawful interference with their home, including placements in alternative care outside the family home? Do any limits on the right to protection from arbitrary or unlawful interference with the child’s correspondence, including by mail, telephone and all other means, conform with the Convention’s principles  in the child’s home?  in alternative care?  in institutional care?  in places of detention? Does the child have the following rights in relation to any information kept about him or her in files or records stored either manually or through electronic means to know of the existence of the information?  to know of the purpose of collecting and storing it, and who controls it?  to have access to it?  to be able to challenge and, if necessary, correct anything contained in it?  to know in each case who controls access to the information?  to know who else has access to the information and for what purpose(s)?  to be able to control who else has access to the information?  in the event of any dispute over realization of this right, to appeal to an independent body? In the event of possible violation of any of these rights, does the child have access to any appropriate complaints procedure?  In case of violation, does the child have appropriate remedies, including compensation?  Are any limitations on any of these rights of the child based only on age and/or lack of maturity and understanding? Does legislation guarantee the child's right to privacy, in particular to ensure that nothing which may lead to the child's identification is published in any way, in the case of children alleged as, accused of, or recognized as having infringed the penal law?  children involved in child protection investigations and proceedings?  children involved in family proceedings?  Is there provision for the consideration and resolution of complaints from children regarding breaches of their rights under article 16?  Does legislation protect the child from unlawful attacks on his or her honour and reputation?  Have appropriate measures been taken to encourage the media to respect children's rights under this article?				Go to the main page for article 16, Privacy  Jump to indicators for these articles: Name and nationality (7) Identity (8)  Freedom of expression (13)  Thought, conscience and religion (14) Freedom of association (15) Appropriate information (17) Torture and deprivation of liberty (37) To view indicators for other articles, click here.

 

Article: 17 Child's access to appropriate information
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 17 including identification and coordination of the responsible departments and agencies at all levels of government (article 17 is relevant to departments of media and communications, social welfare and education)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 17 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 17, likely to include the training of journalists and all those involved in the mass media, and media education, and developing appropriate parenting education)? Specific issues in implementing article 17 Has the State taken measures to ensure that all children in the jurisdiction have access to information and material from a diversity of national and international sources, especially those aimed at the promotion of child’s social, spiritual and moral well-being and physical and mental health? Is such access assured to all children without discrimination, in particular children of minorities and children who are indigenous?  disabled children?  children in all categories of institutions, including custodial institutions? Has the State encouraged the mass media to disseminate information and material of social and cultural benefit to the child, and to promote aims set out in article 29 including development of the child’s full potential?  development of respect for human rights and fundamental freedoms? development of respect for the child’s parents?  the child’s cultural identity, language and values? the national values of  the country in which the child is living?  the country from which he or she may originate?  civilizations different from his or her own?  preparation of the child for responsible life in a free society?  development of respect for the natural environment? In particular, has the mass media been encouraged to promote understanding and friendship among all peoples, including minorities and indigenous people?  equality between the sexes, in line with the proposals of the Platform for Action of the Fourth World Conference on Women?  positive portrayal of people with disabilities, in accordance with the Standard Rules on the Equalization of Opportunities for Persons with Disabilities?  Positive socialization of children, in accordance with the provisions of the UN Guidelines on the Prevention of Juvenile Delinquency? Does the State encourage international cooperation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources?  Has the State taken measures to encourage the production and dissemination of children’s books?  Has the mass media been encouraged to have particular regard for the linguistic needs of children who belong to minorities or are indigenous?  Has the mass media been encouraged to help with health promotion and education?  Has the mass media been encouraged to help disseminate information on the Convention to adults and children?  Has the State encouraged the development of guidelines and training programmes to promote the participation of children in relation to radio, print media, film and video, the Internet, and other media? Has the State encouraged the development of guidelines and monitoring procedures for the protection of the child from information and material injurious to his or her well- being in relation to television?  radio?  film and video?  the Internet?  other media? If so, are such guidelines consistent with the child’s right to freedom of expression under article 13 and the restrictions allowed on that right set out in paragraph 2?  the responsibilities of parents and others and of the State set out in article 18? Has the State ensured that parents and other carers are provided with sufficient information on the content of media programmes, videos, computer games and so on to enable them to fulfill their responsibilities for the welfare of the child?  Has the State promoted the development of appropriate media education for children?  Has the State encouraged the development of parenting education relating to protection of the child from injurious information and material?  Are there guidelines and other safeguards, including training, to promote respect by the media for the child’s right to privacy, and for responsible reporting of abuse, family problems and juvenile justice?				Go to the main page for article 17, Appropriate information Jump to indicators for these articles: Name and nationality (7) Identity (8)  Freedom of expression (13)  Thought, conscience and religion (14) Freedom of association (15) Privacy (16) Torture and deprivation of liberty (37) To view indicators for other articles, click here.

 

Article: 37 Torture, degrading treatment and deprivation of liberty
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 37, including identification and coordination of the responsible departments and agencies at all levels of government (article 37 is relevant to departments of justice, home affairs, social welfare, immigration)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be a part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 1 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 37 likely to include the training for the judiciary, lawyers, police, all those working in the juvenile justice system and institutional care including detention, and any other forms of restriction of liberty) Specific issues in implementing article 37 Is the prohibition of torture and all other cruel, inhuman or degrading treatment or punishment included in legislation specifically applying to all children in the jurisdiction?  Is torture defined in this legislation?  Are there no exceptions allowed to this legislation under any circumstances?  Is capital punishment prohibited in legislation for offences committed by children below the age of 18?  Is life imprisonment without the possibility of release not available in any circumstances for under-18-year-olds?  Are indefinite or indeterminate sentences not available in any circumstances for under-18-year-olds? Is any form of corporal punishment prohibited in legislation and not used for under-18-year-olds as a sentence of the courts or a punishment in penal institutions?  as a punsihment in schools?  as a punishment in any other institutions including children?  as a punishment in any forms of alternative care?  as a punishment within the family?  Is solitary confinement of children prohibited under all circumstances?  Has the State initiated or promoted awareness-raising and information campaigns to protect children form torture and other cruel, inhuman or degrading treatment?  Has the State ratified the Convention against Torture and Other Cruel, inhuman or Degrading Treatment or Punishment?  Arrest Are all under-18-year olds treated as children within the justice system? Does legislation, policy and practice ensure that arrest of children is used  only as a measure of last resort?  for the shortest appropriate period of time? Is there a minimum age below which a child  cannot be arrested?  cannot be setained prior to arrest by police or other authorities? Do legislation and other measures in the State ensure that any detention of a juvenile prior to arrest is  only used as a measure of last resort?  for the shortest appropriate period of time?  Deprivation of liberty following arrest Is there a defined maximum period for detention of a child following arrest without a court hearing at which the detention can be challenged?  Is there a minimum age below which a child cannot be detained following arrest and prior to court hearing? Does legislation ensure that any detention of a juvenile following arrest is  a Measure of last resort?  for the shortest appropriate time?  Pre-trial deprivation of liberty  Does legislation ensure that any pre-trial detention of a child is  a measure of last resort?  for the shortest appropriate time?  Is there a minimum age below which a child cannot be detained prior to a trial?  Does legislation ensure that children detained pre-trial are separated from convicted children?  Are alternative measures available to prevent pre-trial detention of children whenever possible? Deprivation of liberty as a sentence of the courts Is there a minimum age at which a sentence of imprisonment may be imposed on a child?  Are there no other arrangements that allow for the restriction of liberty of children who are alleged as, accused of or recognised as having committed certain crimes below this minimum age?  Do safeguards exist to ensure that sentences of imprisonment, or sentences that involve the restriction of liberty of a child, are used only  as a measure of last resort?  for the shortest appropriate time? Restriction of liberty other than as a sentence of the courts Is all other legislation permitting the restriction of liberty of under-18-year-olds consistent with article 37 and other articles, wherever such restriction occurs, including  in the criminal/juvenile justice system?  in the welfare system?  in the education system?  in the health system including mental health?  in relation to asylum-seeking and immigration?  in any other circumstances whatsoever?  In each case, does the legislation define a minimum age below which no child (boy/girl) may have his or her liberty restricted?  In each case, does the legislation ensure that any detention outside the penal system is  a measure of last resort?  for the shortest appropriate period of time?  not for an indeterminate period of time?  Is there restriction of liberty of children in circumstances not set out in the legislation?  Does legislation exist to prevent arbitrary restriction of liberty of children in  State-provided institutions and services?  other institutions and services?  Does legislation exist to limit deprivation of liberty of children by parents/guardians/foster parents, and so forth? Conditions in detention (see also detailed standards in the United Nations Rules for the Prtotection of Juveniles Deprived of their Liberty) Have the United Nations Rules for the Protection of Juveniles Deprived of their Liberty been incorporated into legislation applying to all situations of deprivation of liberty?  Is there effective inspection and monitoring of all institutions in which children be deprived of their liberty?  Is the right of the child deprived of liberty to a periodic review of his or her situation and treatment set out in legislation?  Are the details of any restriction of liberty of any child appropriately registered, reported and recorded?  Is disaggregated data available on all children deprived of liberty?  Do all children deprived of liberty have access to effective complaints procedures concerning all aspects of their treatment?  Separation from adults Are children always separated from adults in detention unless it is considered not to be in the child’s best interest  prior to arrest?  following arrest?  pre-trial?  following sentence by a court?  in the health, including mental health, system?  in the welfare system?  in relation to asylum-seeking and immigration?  in any other situation?  Contacts with family while detained Is the right of the child deprived of liberty to maintain contact with his or her family through correspondence and visits set out in the legislation?  Are any restrictions on this right limited to exceptional circumstances?  In case of any restrictions, does the child concerned have a right of appeal to an independent body?  Access to legal and other assistance Does the child deprived of liberty have the right to prompt legal and other appropriate assistance  When detained prior to arrest?  On arrest?  When detained pre-trial?  When detained following a sentence of the courts?  When deprived of liberty in any other circumstances?  Arrangements to challenge restriction liberty Does every child deprived of liberty have the right to challenge the deprivation of liberty before a court or some other competent authority  When detained before arrest?  When detained following arrest?  When sentenced to be detained?  When their libert is restricted in other circumstances?  In the case of such challenges of restriction of liberty, does legislation guarantee the child a prompt decision, within a defined period of time?				Go to the main page for article 37, Torture and deprivation of liberty  Jump to indicators for these articles: Name and nationality (7) Identity (8)  Freedom of expression (13)  Thought, conscience and religion (14) Freedom of association (15) Privacy (16) Appropriate information (17) To view indicators for other articles, click here.