African Commission on
Human and Peoples’ Rights
iv.
While in custody, children shall receive care, protection and the necessary social, educational,
vocational, psychological, medical and physical assistance they may require.
e.
Right to be heard
In all judicial proceedings affecting a child, the child shall have an opportunity to be heard either
directly or through a representative of his or her choice. The child’s views shall be taken into account
by the relevant authority.
f.
Alternatives to pre-trial detention
Where possible, pre-trial detention shall be replaced by alternative measures such as close supervision,
intensive care or placement with a family, in an education setting or home, or other place of safety.
g.
Legal assistance
Children shall be guaranteed the right to the presence of lawyer, or other legal services provider, of
their choice and, where required, access to free legal services, from the moment of arrest and at all
subsequent stages of the criminal justice process. Legal assistance shall be accessible, age appropriate
and responsive to the specific needs of the child.
h.
Conduct of officials
Contact between law enforcement agencies and child suspects shall be managed in such a way as to
respect the legal status of the child and promote his or her well-being, ensure the child’s privacy, and
avoid harm to him or her.
i.
Specialised units
The State shall ensure that, where possible, specialised units be established in law enforcement agencies
that frequently or exclusively deal with children who are in conflict with the law.
j.
Access to third parties
The State shall ensure that children have reasonable access to parents, guardians or statutory authorities
responsible for the care and protection of children.
32. Women
a.
General principles
States shall develop legislation, procedures, policies and practices that are designed to protect the rights
and special status and distinct needs of women and girls who are subject to arrest, police custody or
pre-trial detention.
b.
Safeguards for arrest and detention
If arrest, custody and pre-trial detention is absolutely necessary, women and girls shall:
i.
Only be searched by female law enforcement officials, and in a manner that accords with women‘s
or girls’ dignity.
ii.
Be held separately from male detainees.
iii. If they have caretaking responsibilities for children, be permitted prior to or on admission to make
arrangements for those children, including the possibility of a reasonable suspension of detention,
taking into account the best interests of the children.
iv.
Be provided with the facilities necessary to contact their families, including their children, their
children’s guardians and legal representatives.
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