Page 126 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or
imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort

and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity
of the human person, and in a manner which takes into account the needs of persons of his or her age. In
particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best

interest not to do so and shall have the right to maintain contact with his or her family through

correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other

appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before
a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

Article 38

1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law
applicable to them in armed conflicts which are relevant to the child.

2. States Parties shall take all feasible measures to ensure that persons who have not attained the age

of fifteen years do not take a direct part in hostilities.

3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years

into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who
have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are
oldest.

4. In accordance with their obligations under international humanitarian law to protect the civilian

population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of
children who are affected by an armed conflict.

Article 39

States Parties shall take all appropriate measures to promote physical and psychological recovery and
social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of

cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall
take place in an environment which fosters the health, self-respect and dignity of the child.