Consequently, child and family immigration detention should be prohibited by law and its abolishment ensured in policy and practice.
Carta drepturilor fundamentale a Uniunii Europene
Legea pennsylvania pentru dating minors dedicated to detention should be diverted to non-custodial solutions carried out by competent child protection actors engaging with the child and, where applicable, his or her family. The measures offered to the child and the family should not imply any kind of child or family deprivation of liberty and should be based on an ethic of care and protection, not enforcement.
Independent public bodies, as well as civil society organizations, should be able to regularly monitor these facilities or measures. Children and families should have access to effective remedies in case any kind of immigration detention is enforced.
For that purpose, the legal representative of a vulnerable suspect or accused person or an appropriate adult should be informed as soon as possible of the criminal proceedings against him, of the nature of the accusation, the procedural rights and the available remedies.
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The legal representative or an appropriate adult should be notified as soon as possible of the deprivation of liberty and be informed about the reasons for it, unless it is contrary to the person's best interests. Vulnerable persons should have access to systematic and regular medical assistance throughout criminal proceedings if they are deprived of liberty.
Member States should take all steps to ensure legea pennsylvania pentru dating minors deprivation of liberty of vulnerable persons before their conviction is a measure of last resort, proportionate and taking place under conditions suited to the needs of the vulnerable person.
Appropriate measures should be taken to ensure that vulnerable persons have access to reasonable accommodations taking into account their particular needs when they are deprived of liberty.
CODUL FAMILIEI (A) 25/11/ - Portal Legislativ
Member States shall ensure that deprivation of liberty of a child at any stage of the proceedings is limited to the shortest appropriate period of time. Due account shall be taken of the age and individual situation of the child, and of the particular circumstances of the case.
Member States shall ensure that deprivation of liberty, in particular detention, shall be imposed on children only as a measure of last resort. Member States shall ensure that any detention is based on a reasoned decision, subject to judicial review by a court.
Such a decision shall also be subject to periodic review, at reasonable intervals of time, by a court, either ex officio or at the request of the child, of the child's lawyer, or of a judicial authority which is not a court.
Without prejudice to judicial independence, Member States shall ensure that decisions to be taken pursuant to this paragraph are taken without undue delay.
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Member States shall ensure that children who are detained are held separately from adults, unless it is considered to be in the child's best interests not to do so. Member States shall also ensure that children who are kept in police custody are held separately from adults, unless: a it is considered to be in the child's best interests not to do so; or b in exceptional circumstances, it is not possible in practice to do so, provided that children are held together with adults in a manner that is compatible with the child's best interests.
Statul apara interesele mamei şi copilului şi manifesta deosebită grija pentru creşterea şi educarea tinerei generaţii. Familia are la baza căsătoria liber consimţită între soţi. În relaţiile dintre soţi, precum şi în exerciţiul drepturilor faţă de copii, bărbatul şi femeia au drepturi egale.
Without prejudice to paragraph 1, when a detained child reaches the age of 18, Member States shall provide for the possibility to continue to hold that person separately from other detained adults where warranted, taking into account the circumstances of the person concerned, provided that this is compatible with the best interests of children who are detained with that person. Without prejudice to paragraph 1, and taking into account paragraph 3, children may be detained with young adults, unless this is contrary to the child's best interests.
When children are detained, Member States shall take appropriate measures to: a ensure and preserve their health and their physical and mental development; b ensure their right to education and training, including where the children have physical, sensory or learning disabilities; c ensure the effective and regular exercise of their right to family life; d ensure access to programmes that foster their development and their reintegration into society; and e ensure respect for their freedom of religion or belief.
The measures taken pursuant to this paragraph shall be proportionate and appropriate to the duration of the detention.
Points a and e of the first subparagraph shall also apply to situations of deprivation of liberty other than detention. The measures taken shall be proportionate and appropriate to such situations of deprivation of liberty. Points bcand d of the first subparagraph shall apply to situations of deprivation of liberty other than detention only to the extent that is appropriate and proportionate in the light of the nature and duration of such situations.
Member States shall endeavour to ensure that children who are deprived of liberty can meet with the holder of parental responsibility as soon as possible, where such a meeting is compatible with investigative and operational requirements.
This paragraph shall be without prejudice to the nomination or designation of another appropriate adult pursuant cine este lucy de la towie dating 2021 Article 5 or Suspects or accused persons shall have access to a lawyer without undue delay.
In any event, suspects or accused persons shall have access to a lawyer from whichever of the following points in time is the earliest: [ Member States shall ensure that suspects or accused persons who are deprived of liberty have the right to have at least one person, such as a relative or an employer, nominated by them, informed of their deprivation of liberty without undue delay if they so wish.
If the suspect or accused person is a child, Member States shall ensure that the holder of parental responsibility of the child is informed as soon as possible of the deprivation of liberty and of the reasons pertaining thereto, unless it would be contrary to the best interests of the child, in which case another appropriate adult shall be informed.
For the purposes of this paragraph, a person below the age of 18 years shall be considered to be a child. Member States may temporarily derogate from the application of the rights set out in paragraphs 1 and 2 where justified in the light of the particular circumstances of the case on the basis of one of the following compelling reasons: a where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person; b where there is an urgent need to prevent a situation where criminal proceedings could be substantially jeopardised.
Where Member States temporarily derogate from the application of the right set out in paragraph 2, they shall ensure that an authority responsible for legea pennsylvania pentru dating minors protection or welfare of children is informed without undue delay of the deprivation of liberty of the child.
Member States shall ensure that suspects or accused persons who are deprived of liberty have the right to communicate without undue delay with at least one third person, such as a relative, nominated by them.
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Member States may limit or defer the exercise of the right referred to in paragraph 1 in view of imperative requirements or proportionate operational requirements. Member States shall ensure that suspects or accused persons who are non-nationals and who are deprived of liberty have the right to have the consular authorities of their State of nationality informed of the deprivation of liberty without undue delay and to communicate with those authorities, if they so wish.
However, where suspects or accused persons have two or more nationalities, they may choose which consular authorities, if any, are to be informed of the deprivation of liberty and with whom they wish to communicate.