RIGHTS BEHIND BARS A Study of Prison Conditions In Zimbabwe 2018 irreversibly damage innocent children. 4.9.2 The right to be treated in a manner, and kept in conditions that take account of the child’s age Where a child offender is committed to a custodial institution for any offence, they retain their right to be treated in a manner and kept in conditions that take into account the child’s age. This is stipulated in international instruments and the Zimbabwean Constitution.50 The segregation of young offenders from adult offenders would not serve any purpose if the treatment accorded to them (young offenders) were not appropriate to their age and legal status with regards to conditions of detention.51 The sort of treatment to be afforded to juvenile offenders of different ages ‘is to be determined by each State party in the light of relevant social, cultural and other conditions’ (HRC GC 21, para 13). All persons under the age of 18 should be treated as juveniles, at least in matters relating to criminal justice and all forms of deprivation of liberty. The conditions of confinement and the manner in which the child offender is treated should be age-appropriate ie it should take into account the vulnerability and fragility of young offenders of different ages. 50 51 See articles 37(c) of the CRC and 10(3) of the ICCPR. See also section 81(1)(i)(iii) of the Constitution. HRC General Comment 21, para 13. 21