A/66/265 information about the process, and in many countries there is no mandated free legal aid in child protection proceedings. As a result, there is a serious power imbalance between the State and families living in poverty, and a real risk that the judicial process may lead to unnecessary termination or limitation of parental rights or to other results detrimental to the child’s best interests. 64. Although children have the right to grow up in a safe and nurturing environment, they also have the right not to be separated from their biological parents, unless such separation is in their best interests.54 The focus of child protection proceedings should always be the best interests of the child, and not the penalization of their parents. Criminalization of parental neglect and abuse, while important, does not provide a meaningful solution to poverty and disadvantage. D. Excessive and arbitrary use of detention and incarceration 65. Because law enforcement officials often use “poverty”, “homelessness” or “disadvantage” as an indicator of criminality, persons living in poverty come into contact with the criminal justice system with a disproportionately high frequency. They also encounter considerable obstacles manoeuvring within or exiting the system. As a result, disproportionately high numbers of the poorest and most excluded are arrested, detained and imprisoned. 66. Across developing and developed countries, release on bail pending trial is subject to increasingly stringent and onerous conditions which require individuals to, for example, demonstrate their connections with the community, have a fixed address or permanent employment, report regularly to police or make a cash deposit or post a bond as guarantee. These requirements are impossible for the poorest and most marginalized to meet in the vast majority of cases and, as a result, they are more likely to remain in detention pending a trial. This dramatically increases the likelihood that they will ultimately be convicted: not only does it put them in a vulnerable position whereby they will be more inclined to accept unfair “plea deals” or to make admissions of guilt in order to secure a swifter release, it contributes to the deterioration of the detainees’ appearance and demeanour, impedes their ability to liaise with lawyers or obtain character witnesses and causes them to lose their employment or social housing, thereby creating a disincentive for the court to give a suspended or community service sentence.55 67. The inability to access competent, comprehensive legal assistance presents a serious threat to the human rights of persons living in poverty. Without adequate representation or advice individuals are more likely to be convicted. While in detention they have no accessible means of protesting infringements of their rights, such as unsafe or unsanitary conditions, physical or mental abuse or lengthy delays, and there is a higher likelihood that they will be requested to pay bribes, which they will experience difficulties in paying. 68. The economic and social costs of detention and incarceration can be devastating for persons living in poverty. Detention not only means a temporary loss of income, but also often leads to the loss of employment, particularly where individuals are employed in the informal sector. The imposition of a criminal record __________________ 54 55 11-44449 Convention on the Rights of the Child, art. 9. E/CN.4/2006/7, para. 66. 19