Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

208 | PRACTITIONERS GUIDE No. 6
race, nationality or religion. 785 The UNHCR Guidelines on Detention and
the Committee on the Rights of the Child’s General Comment No. 6
recognise that children have a right to education while in detention,
that education should take place outside of detention premises and that
provision should be made for the children’s recreation and play. 786
The UN Rules for the Protection of Juveniles Deprived of their Liberty further
add that such education should be provided “in community schools
wherever possible and, in any case, by qualified teachers through programmes
integrated with the education system of the country so that,
after release, juveniles may continue their education without difficulty
[and that] [s]pecial attention should be given by the administration of
the detention facilities to the education of juveniles of foreign origin or
with particular cultural or ethnic needs. [Furthermore] Juveniles who
are illiterate or have cognitive or learning difficulties should have the
right to special education.” 787 Finally the UN Rules specify that “[j]uveniles
above compulsory school age who wish to continue their education
should be permitted and encouraged to do so, and every effort should
be made to provide them with access to appropriate educational programmes.”
788
e) Women detainees
Women held in immigration detention often face particular difficulties.
These may include instances of gender-based violence or harassment,
including sexual violence and abuse, perpetrated by both State actors
and detainees (see, Section 4, below); absence of childcare; inadequate
and inappropriate provision of healthcare, goods and services
needed by women; as well as other forms of gender discrimination.
International law and standards require States to take certain specific
measures to address these problems. They emphasise the need to
provide separate accommodation for women in detention, to ensure
women are attended and supervised by women officials and to ensure
body searches on women are only conducted by women. 789 For exam-
785 Article 2 Protocol 1 ECHR; Article 28 CRC; Article 5(e)(v) ICERD; Article 13 ICESCR; General
Comment No. 13, The right to education, CESCR, UN Doc. E/C.12/1999/10, 8 December
1999, para. 34: “confirms that the principle of non-discrimination extends to all persons of
school age residing in the territory of a State Party, including non-nationals, and irrespective
of their legal status.”
786 UNHCR Guidelines on Detention, op. cit., fn. 633, Guideline 9.2; and CRC, General Comment
No. 6, op. cit., fn. 138, para. 63.
787 UN Rules for the Protection of Juveniles Deprived of their Liberty, Rule 38.
788 Ibid., Rule 39.
789 Rules 8 and 53, Standard Rules for the Treatment of Prisoners; Principles XIX, XX, XXI, Principles
and Best Practices on the Protection of Persons Deprived of Liberty in the Americas;
Rule 19, United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules).