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

200 | PRACTITIONERS GUIDE No. 6his or her family through correspondence and visits, save in exceptionalcircumstances . . .”. Detailed rules for the exceptional situation ofdetention of children are provided by the United Nations Rules for theProtection of Juveniles Deprived of their Liberty. 747Other international tribunals have found that detention of childrenin inappropriate facilities may in certain circumstances lead to violationsof the freedom from cruel, inhuman and degrading treatment.In Mubilanzila Mayeka and Kaniki Mitunga v. Belgium, 748 for example,the European Court found that detention of a five year old unaccompaniedasylum seeker in an adult detention centre without proper arrangementsfor her care violated Article 3 ECHR, since the conditionsof detention were not adapted to her position of extreme vulnerability;the Court also found a violation of her mother’s Article 3 rights becauseof anxiety and uncertainty in relation to her daughter’s detention. TheCourt has also found a violation of Article 3 ECHR for children detainedin a similar situation but accompanied by their mother, considering thatthe central test is that of the best interest of the child 749 and that the“the child’s extreme vulnerability is the decisive factor and takes precedenceover considerations relating to the status of illegal immigrant”. 750Conversely, the Court failed to find that the situation of the motherreached the threshold of inhuman or degrading treatment, because shewas detained with her children and their presence may have alleviatedher feelings of anguish and frustration. 751 The Inter-American Courtestablished that Article 19 ACHR requires higher standards of care andresponsibility on the State when detention of a child is involved. 7522. Conditions of detentionFacilities where migrants are detained must provide conditions that aresufficiently clean, safe, and healthy to be compatible with freedom fromtorture or other cruel, inhuman or degrading treatment (“ill-treatment”)and the right to be treated with humanity and with respect for the inherentdignity of the human person (Article 10 ICCPR, Article 5.2 ACHR,Article 5 ACHPR and Article 20 ArCHR). In the context of increasing use747 United Nations Rules for the Protection of Juveniles Deprived of their Liberty, adopted onDecember 14, 1990 by General Assembly resolution 45/113.748 Mayeka and Mitunga v. Belgium, ECtHR, op. cit., fn. 739. See also, Rahimi v. Greece, ECtHR,op. cit., fn. 703, para. 86.749 Kanagaratnam and Others v. Belgium, ECtHR, op. cit., fn. 680, paras. 61–69.750 Popov v. France, ECtHR, op. cit., fn. 704, para. 64. In this case the detention for fifteen daysof two children (a three year old and a baby) with their parents in an adult detention environmentwith a strong police presence, without any children’s activities and taking accountof the parents’ distress, led to a violation of Article 3 ECHR.751 Kanagaratnam and Others v. Belgium, ECtHR, op. cit., fn. 680, paras. 70–72.752 “Juvenile Reeducation Institute” v. Paraguay, IACtHR, Series C No. 112, Judgment of 2 September2004, paras. 143, 160–162.