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Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings

Preamble:
‘(35) Children who are suspects or accused persons in criminal proceedings should have the right to an individual assessment to identify their specific needs in terms of protection, education, training and social integration, to determine if and to what extent they would need special measures during the criminal proceedings, the extent of their criminal responsibility and the appropriateness of a particular penalty or educative measure.‘
‘(48) Where children are detained they should benefit from special protection measures. In particular, they should be held separately from adults unless it is considered to be in the child's best interests not to do so, in accordance with Article 37(c) of the UN Convention on the Rights of the Child. When a detained child reaches the age of 18, it should be possible to continue separate detention where warranted, taking into account the circumstances of the person concerned. Particular attention should be paid to the manner in which detained children are treated given their inherent vulnerability. Children should have access to educational facilities according to their needs.‘
Article 7 Right to an individual assessment
‘1. Member States shall ensure that the specific needs of children concerning protection, education, training and social integration are taken into account. [...]‘
Article 12 Specific treatment in the case of deprivation of liberty
‘5. 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; [...]‘