United Nations


General Assembly

Distr. GENERAL  

14 December 1990



                                                   68th plenary meeting

                                                   14 December 1990



     45/113.  United Nations Rules for the Protection of Juveniles

              Deprived of their Liberty


     The General Assembly,


     Bearing in mind the Universal Declaration of Human Rights, the

International Covenant on Civil and Political Rights, the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the

Convention on the Rights of the Child, as well as other international

instruments relating to the protection of the rights and well-being of young



     Bearing in mind also the Standard Minimum Rules for the Treatment of

Prisoners adopted by the First United Nations Congress on the Prevention of

Crime and the Treatment of Offenders,


     Bearing in mind further the Body of Principles for the Protection of All

Persons under Any Form of Detention or Imprisonment, approved by the General

Assembly by its resolution 43/173 of 9 December 1988 and contained in the

annex thereto,


     Recalling the United Nations Standard Minimum Rules for the

Administration of Juvenile Justice (The Beijing Rules),


     Recalling also resolution 21 of the Seventh United Nations Congress on

the Prevention of Crime and the Treatment of Offenders, in which the Congress

called for the development of rules for the protection of juveniles deprived

of their liberty,


     Recalling further that the Economic and Social Council, in section II of

its resolution l986/10 of 21 May l986, requested the Secretary-General to

report on progress achieved in the development of the rules to the Committee

on Crime Prevention and Control at its tenth session and requested the Eighth

United Nations Congress on the Prevention of Crime and the Treatment of

Offenders to consider the proposed rules with a view to their adoption,


     Alarmed at the conditions and circumstances under which juveniles are

being deprived of their liberty world wide,


     Aware that juveniles deprived of their liberty are highly vulnerable to

abuse, victimization and the violation of their rights,


     Concerned that many systems do not differentiate between adults and

juveniles at various stages of the administration of justice and that

juveniles are therefore being held in gaols and facilities with adults,


     1.   Affirms that the placement of a juvenile in an institution should

always be a disposition of last resort and for the minimum necessary period;


     2.   Recognizes that, because of their high vulnerability, juveniles

deprived of their liberty require special attention and protection and that

their rights and well-being should be guaranteed during and after the period

when they are deprived of their liberty;


     3.   Notes with appreciation the valuable work of the Secretariat and the

collaboration which has been established between the Secretariat and experts,

practitioners, intergovernmental organizations, the non-governmental

community, particularly Amnesty International, Defence for Children

International and Radda Barnen International (Swedish Save the Children

Federation), and scientific institutions concerned with the rights of children

and juvenile justice in the development of the United Nations draft Rules for

the Protection of Juveniles Deprived of their Liberty;


     4.   Adopts the United Nations Rules for the Protection of Juveniles

Deprived of their Liberty contained in the annex to the present resolution;


     5.   Calls upon the Committee on Crime Prevention and Control to

formulate measures for the effective implementation of the Rules, with the

assistance of the United Nations institutes on the prevention of crime and the

treatment of offenders;


     6.   Invites Member States to adapt, wherever necessary, their national

legislation, policies and practices, particularly in the training of all

categories of juvenile justice personnel, to the spirit of the Rules, and to

bring them to the attention of relevant authorities and the public in general;


     7.   Also invites Member States to inform the Secretary-General of their

efforts to apply the Rules in law, policy and practice and to report regularly

to the Committee on Crime Prevention and Control on the results achieved in

their implementation;


     8.   Requests the Secretary-General and invites Member States to ensure

the widest possible dissemination of the text of the Rules in all of the

official languages of the United Nations;


     9.   Requests the Secretary-General to conduct comparative research,

pursue the requisite collaboration and devise strategies to deal with the

different categories of serious and persistent young offenders, and to prepare

a policy-oriented report thereon for submission to the Ninth United Nations

Congress on the Prevention of Crime and the Treatment of Offenders;


     10.  Also requests the Secretary-General and urges Member States to

allocate the necessary resources to ensure the successful application and

implementation of the Rules, in particular in the areas of recruitment,

training and exchange of all categories of juvenile justice personnel;


     11.  Urges all relevant bodies of the United Nations system, in

particular the United Nations Children's Fund, the regional commissions and

specialized agencies, the United Nations institutes for the prevention of

crime and the treatment of offenders and all concerned intergovernmental and

non-governmental organizations, to collaborate with the Secretary-General and

to take the necessary measures to ensure a concerted and sustained effort

within their respective fields of technical competence to promote the

application of the Rules;


     12.  Invites the Sub-Commission on Prevention of Discrimination and

Protection of Minorities of the Commission on Human Rights to consider this

new international instrument, with a view to promoting the application of its



     13.  Requests the Ninth Congress to review the progress made on the

promotion and application of the Rules and on the recommendations contained in

the present resolution, under a separate agenda item on juvenile justice.




             United Nations Rules for the Protection of Juveniles

                          Deprived of their Liberty


                         I.  FUNDAMENTAL PERSPECTIVES


1.   The juvenile justice system should uphold the rights and safety and

promote the physical and mental well-being of juveniles.  Imprisonment should

be used as a last resort.


2.   Juveniles should only be deprived of their liberty in accordance with the

principles and procedures set forth in these Rules and in the United Nations

Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing

Rules).  Deprivation of the liberty of a juvenile should be a disposition of

last resort and for the minimum necessary period and should be limited to

exceptional cases.  The length of the sanction should be determined by the

judicial authority, without precluding the possibility of his or her early



3.   The Rules are intended to establish minimum standards accepted by the

United Nations for the protection of juveniles deprived of their liberty in

all forms, consistent with human rights and fundamental freedoms, with a view

to counteracting the detrimental effects of all types of detention and to

fostering integration in society.


4.   The Rules should be applied impartially, without discrimination of any

kind as to race, colour, sex, age, language, religion, nationality, political

or other opinion, cultural beliefs or practices, property, birth or family

status, ethnic or social origin, and disability.  The religious and cultural

beliefs, practices and moral concepts of the juvenile should be respected.


5.   The Rules are designed to serve as convenient standards of reference and

to provide encouragement and guidance to professionals involved in the

management of the juvenile justice system.


6.   The Rules should be made readily available to juvenile justice personnel

in their national languages.  Juveniles who are not fluent in the language

spoken by the personnel of the detention facility should have the right to the

services of an interpreter free of charge whenever necessary, in particular

during medical examinations and disciplinary proceedings.


7.   Where appropriate, States should incorporate the Rules into their

legislation or amend it accordingly and provide effective remedies for their

breach, including compensation when injuries are inflicted on juveniles.

States should also monitor the application of the Rules.


8.   The competent authorities should constantly seek to increase the

awareness of the public that the care of detained juveniles and preparation

for their return to society is a social service of great importance, and to

this end active steps should be taken to foster open contacts between the

juveniles and the local community.


9.   Nothing in the Rules should be interpreted as precluding the application

of the relevant United Nations and human rights instruments and standards,

recognized by the international community, that are more conducive to ensuring

the rights, care and protection of juveniles, children and all young persons.


10.  In the event that the practical application of particular Rules contained

in sections II to V, inclusive, presents any conflict with the Rules contained

in the present section, compliance with the latter shall be regarded as the

predominant requirement.




11.  For the purposes of the Rules, the following definitions should apply:


     (a)  A juvenile is every person under the age of 18.  The age limit below

which it should not be permitted to deprive a child of his or her liberty

should be determined by law;


     (b)  The deprivation of liberty means any form of detention or

imprisonment or the placement of a person in a public or private custodial

setting, from which this person is not permitted to leave at will, by order of

any judicial, administrative or other public authority.


12.  The deprivation of liberty should be effected in conditions and

circumstances which ensure respect for the human rights of juveniles.

Juveniles detained in facilities should be guaranteed the benefit of

meaningful activities and programmes which would serve to promote and sustain

their health and self-respect, to foster their sense of responsibility and

encourage those attitudes and skills that will assist them in developing their

potential as members of society.


13.  Juveniles deprived of their liberty shall not for any reason related to

their status be denied the civil, economic, political, social or cultural

rights to which they are entitled under national or international law, and

which are compatible with the deprivation of liberty.


14.  The protection of the individual rights of juveniles with special regard

to the legality of the execution of the detention measures shall be ensured by

the competent authority, while the objectives of social integration should be

secured by regular inspections and other means of control carried out,

according to international standards, national laws and regulations, by a duly

constituted body authorized to visit the juveniles and not belonging to the

detention facility.


15.  The Rules apply to all types and forms of detention facilities in which

juveniles are deprived of their liberty.  Sections I, II, IV and V of the

Rules apply to all detention facilities and institutional settings in which

juveniles are detained, and section III applies specifically to juveniles

under arrest or awaiting trial.


16.  The Rules shall be implemented in the context of the economic, social and

cultural conditions prevailing in each Member State.




17.  Juveniles who are detained under arrest or awaiting trial ("untried") are

presumed innocent and shall be treated as such.  Detention before trial shall

be avoided to the extent possible and limited to exceptional circumstances.

Therefore, all efforts shall be made to apply alternative measures.  When

preventive detention is nevertheless used, juvenile courts and investigative

bodies shall give the highest priority to the most expeditious processing of

such cases to ensure the shortest possible duration of detention.  Untried

detainees should be separated from convicted juveniles.


18.  The conditions under which an untried juvenile is detained should be

consistent with the rules set out below, with additional specific provisions

as are necessary and appropriate, given the requirements of the presumption of

innocence, the duration of the detention and the legal status and

circumstances of the juvenile.  These provisions would include, but not

necessarily be restricted to, the following:


     (a)  Juveniles should have the right of legal counsel and be enabled to

apply for free legal aid, where such aid is available, and to communicate

regularly with their legal advisers.  Privacy and confidentiality shall be

ensured for such communications;


     (b)  Juveniles should be provided, where possible, with opportunities to

pursue work, with remuneration, and continue education or training, but should

not be required to do so.  Work, education or training should not cause the

continuation of the detention;


     (c)  Juveniles should receive and retain materials for their leisure and

recreation as are compatible with the interests of the administration of



                                 A.  Records


19.  All reports, including legal records, medical records and records of

disciplinary proceedings, and all other documents relating to the form,

content and details of treatment, should be placed in a confidential

individual file, which should be kept up to date, accessible only to

authorized persons and classified in such a way as to be easily understood.

Where possible, every juvenile should have the right to contest any fact or

opinion contained in his or her file so as to permit rectification of

inaccurate, unfounded or unfair statements.  In order to exercise this right,

there should be procedures that allow an appropriate third party to have

access to and to consult the file on request.  Upon release, the records of

juveniles shall be sealed, and, at an appropriate time, expunged.


20.  No juvenile should be received in any detention facility without a valid

commitment order of a judicial, administrative or other public authority.  The

details of this order should be immediately entered in the register.  No

juvenile should be detained in any facility where there is no such register.


              B.  Admission, registration, movement and transfer


21.  In every place where juveniles are detained, a complete and secure record

of the following information should be kept concerning each juvenile received:


     (a)  Information on the identity of the juvenile;


     (b)  The fact of and reasons for commitment and the authority therefor;


     (c)  The day and hour of admission, transfer and release;


     (d)  Details of the notifications to parents and guardians on every

admission, transfer or release of the juvenile in their care at the time of



     (e)  Details of known physical and mental health problems, including drug

and alcohol abuse.


22.  The information on admission, place, transfer and release should be

provided without delay to the parents and guardians or closest relative of the

juvenile concerned.


23.  As soon as possible after reception, full reports and relevant

information on the personal situation and circumstances of each juvenile

should be drawn up and submitted to the administration.


24.  On admission, all juveniles shall be given a copy of the rules governing

the detention facility and a written description of their rights and

obligations in a language they can understand, together with the address of

the authorities competent to receive complaints, as well as the address of

public or private agencies and organizations which provide legal assistance.

For those juveniles who are illiterate or who cannot understand the language

in the written form, the information should be conveyed in a manner enabling

full comprehension.


25.  All juveniles should be helped to understand the regulations governing

the internal organization of the facility, the goals and methodology of the

care provided, the disciplinary requirements and procedures, other authorized

methods of seeking information and of making complaints, and all such other

matters as are necessary to enable them to understand fully their rights and

obligations during detention.


26.  The transport of juveniles should be carried out at the expense of the

administration in conveyances with adequate ventilation and light, in

conditions that should in no way subject them to hardship or indignity.

Juveniles should not be transferred from one facility to another arbitrarily.


                       C.  Classification and placement


27.  As soon as possible after the moment of admission, each juvenile should

be interviewed, and a psychological and social report identifying any factors

relevant to the specific type and level of care and programme required by the

juvenile should be prepared.  This report, together with the report prepared

by a medical officer who has examined the juvenile upon admission, should be

forwarded to the director for purposes of determining the most appropriate

placement for the juvenile within the facility and the specific type and level

of care and programme required and to be pursued.  When special rehabilitative

treatment is required, and the length of stay in the facility permits, trained

personnel of the facility should prepare a written, individualized treatment

plan specifying treatment objectives and time-frame and the means, stages and

delays with which the objectives should be approached.


28.  The detention of juveniles should only take place under conditions that

take full account of their particular needs, status and special requirements

according to their age, personality, sex and type of offence, as well as

mental and physical health, and which ensure their protection from harmful

influences and risk situations.  The principal criterion for the separation of

different categories of juveniles deprived of their liberty should be the

provision of the type of care best suited to the particular needs of the

individuals concerned and the protection of their physical, mental and moral

integrity and well-being.


29.  In all detention facilities juveniles should be separated from adults,

unless they are members of the same family.  Under controlled conditions,

juveniles may be brought together with carefully selected adults as part of a

special programme that has been shown to be beneficial for the juveniles



30.  Open detention facilities for juveniles should be established.  Open

detention facilities are those with no or minimal security measures.  The

population in such detention facilities should be as small as possible.  The

number of juveniles detained in closed facilities should be small enough to

enable individualized treatment.  Detention facilities for juveniles should be

decentralized and of such size as to facilitate access and contact between the

juveniles and their families.  Small-scale detention facilities should be

established and integrated into the social, economic and cultural environment

of the community.

                  D.  Physical environment and accommodation


31.  Juveniles deprived of their liberty have the right to facilities and

services that meet all the requirements of health and human dignity.


32.  The design of detention facilities for juveniles and the physical

environment should be in keeping with the rehabilitative aim of residential

treatment, with due regard to the need of the juvenile for privacy, sensory

stimuli, opportunities for association with peers and participation in sports,

physical exercise and leisure-time activities.  The design and structure of

juvenile detention facilities should be such as to minimize the risk of fire

and to ensure safe evacuation from the premises.  There should be an effective

alarm system in case of fire, as well as formal and drilled procedures to

ensure the safety of the juveniles.  Detention facilities should not be

located in areas where there are known health or other hazards or risks.


33.  Sleeping accommodation should normally consist of small group dormitories

or individual bedrooms, account being taken of local standards.  During

sleeping hours there should be regular, unobtrusive supervision of all

sleeping areas, including individual rooms and group dormitories, in order to

ensure the protection of each juvenile.  Every juvenile should, in accordance

with local or national standards, be provided with separate and sufficient

bedding, which should be clean when issued, kept in good order and changed

often enough to ensure cleanliness.


34.  Sanitary installations should be so located and of a sufficient standard

to enable every juvenile to comply, as required, with their physical needs in

privacy and in a clean and decent manner.


35.  The possession of personal effects is a basic element of the right to

privacy and essential to the psychological well-being of the juvenile.  The

right of every juvenile to possess personal effects and to have adequate

storage facilities for them should be fully recognized and respected.

Personal effects that the juvenile does not choose to retain or that are

confiscated should be placed in safe custody.  An inventory thereof should be

signed by the juvenile.  Steps should be taken to keep them in good

condition.  All such articles and money should be returned to the juvenile on

release, except in so far as he or she has been authorized to spend money or

send such property out of the facility.  If a juvenile receives or is found in

possession of any medicine, the medical officer should decide what use should

be made of it.


36.  To the extent possible juveniles should have the right to use their own

clothing.  Detention facilities should ensure that each juvenile has personal

clothing suitable for the climate and adequate to ensure good health, and

which should in no manner be degrading or humiliating.  Juveniles removed from

or leaving a facility for any purpose should be allowed to wear their own



37.  Every detention facility shall ensure that every juvenile receives food

that is suitably prepared and presented at normal meal times and of a quality

and quantity to satisfy the standards of dietetics, hygiene and health and, as

far as possible, religious and cultural requirements.  Clean drinking water

should be available to every juvenile at any time.


                 E.  Education, vocational training and work


38.  Every juvenile of compulsory school age has the right to education suited

to his or her needs and abilities and designed to prepare him or her for

return to society.  Such education should be provided outside the detention

facility in community schools wherever possible and, in any case, by qualified

teachers through programmes integrated with the education system of the

country so that, after release, juveniles may continue their education without

difficulty.  Special attention should be given by the administration of the

detention facilities to the education of juveniles of foreign origin or with

particular cultural or ethnic needs.  Juveniles who are illiterate or have

cognitive or learning difficulties should have the right to special education.


39.  Juveniles above compulsory school age who wish to continue their

education should be permitted and encouraged to do so, and every effort should

be made to provide them with access to appropriate educational programmes.


40.  Diplomas or educational certificates awarded to juveniles while in

detention should not indicate in any way that the juvenile has been



41.  Every detention facility should provide access to a library that is

adequately stocked with both instructional and recreational books and

periodicals suitable for the juveniles, who should be encouraged and enabled

to make full use of it.


42.  Every juvenile should have the right to receive vocational training in

occupations likely to prepare him or her for future employment.


43.  With due regard to proper vocational selection and to the requirements of

institutional administration, juveniles should be able to choose the type of

work they wish to perform.


44.  All protective national and international standards applicable to child

labour and young workers should apply to juveniles deprived of their liberty.


45.  Wherever possible, juveniles should be provided with the opportunity to

perform remunerated labour, if possible within the local community, as a

complement to the vocational training provided in order to enhance the

possibility of finding suitable employment when they return to their

communities.  The type of work should be such as to provide appropriate

training that will be of benefit to the juveniles following release.  The

organization and methods of work offered in detention facilities should

resemble as closely as possible those of similar work in the community, so as

to prepare juveniles for the conditions of normal occupational life.


46.  Every juvenile who performs work should have the right to an equitable

remuneration.  The interests of the juveniles and of their vocational training

should not be subordinated to the purpose of making a profit for the detention

facility or a third party.  Part of the earnings of a juvenile should normally

be set aside to constitute a savings fund to be handed over to the juvenile on

release.  The juvenile should have the right to use the remainder of those

earnings to purchase articles for his or her own use or to indemnify the

victim injured by his or her offence or to send it to his or her family or

other persons outside the detention facility.


                                F.  Recreation


47.  Every juvenile should have the right to a suitable amount of time for

daily free exercise, in the open air whenever weather permits, during which

time appropriate recreational and physical training should normally be

provided.  Adequate space, installations and equipment should be provided for

these activities.  Every juvenile should have additional time for daily

leisure activities, part of which should be devoted, if the juvenile so

wishes, to arts and crafts skill development.  The detention facility should

ensure that each juvenile is physically able to participate in the available

programmes of physical education.  Remedial physical education and therapy

should be offered, under medical supervision, to juveniles needing it.


                                 G.  Religion


48.  Every juvenile should be allowed to satisfy the needs of his or her

religious and spiritual life, in particular by attending the services or

meetings provided in the detention facility or by conducting his or her own

services and having possession of the necessary books or items of religious

observance and instruction of his or her denomination.  If a detention

facility contains a sufficient number of juveniles of a given religion, one or

more qualified representatives of that religion should be appointed or

approved and allowed to hold regular services and to pay pastoral visits in

private to juveniles at their request.  Every juvenile should have the right

to receive visits from a qualified representative of any religion of his or

her choice, as well as the right not to participate in religious services and

freely to decline religious education, counselling or indoctrination.


                               H.  Medical care


49.  Every juvenile shall receive adequate medical care, both preventive and

remedial, including dental, ophthalmological and mental health care, as well

as pharmaceutical products and special diets as medically indicated.  All such

medical care should, where possible, be provided to detained juveniles through

the appropriate health facilities and services of the community in which the

detention facility is located, in order to prevent stigmatization of the

juvenile and promote self-respect and integration into the community.


50.  Every juvenile has a right to be examined by a physician immediately upon

admission to a detention facility, for the purpose of recording any evidence

of prior ill-treatment and identifying any physical or mental condition

requiring medical attention.


51.  The medical services provided to juveniles should seek to detect and

should treat any physical or mental illness, substance abuse or other

condition that may hinder the integration of the juvenile into society.  Every

detention facility for juveniles should have immediate access to adequate

medical facilities and equipment appropriate to the number and requirements of

its residents and staff trained in preventive health care and the handling of

medical emergencies.  Every juvenile who is ill, who complains of illness or

who demonstrates symptoms of physical or mental difficulties, should be

examined promptly by a medical officer.


52.  Any medical officer who has reason to believe that the physical or mental

health of a juvenile has been or will be injuriously affected by continued

detention, a hunger strike or any condition of detention should report this

fact immediately to the director of the detention facility in question and to

the independent authority responsible for safeguarding the well-being of the



53.  A juvenile who is suffering from mental illness should be treated in a

specialized institution under independent medical management.  Steps should be

taken, by arrangement with appropriate agencies, to ensure any necessary

continuation of mental health care after release.


54.  Juvenile detention facilities should adopt specialized drug abuse

prevention and rehabilitation programmes administered by qualified personnel.

These programmes should be adapted to the age, sex and other requirements of

the juveniles concerned, and detoxification facilities and services staffed by

trained personnel should be available to drug- or alcohol-dependent juveniles.


55.  Medicines should be administered only for necessary treatment on medical

grounds and, when possible, after having obtained the informed consent of the

juvenile concerned.  In particular, they must not be administered with a view

to eliciting information or a confession, as a punishment or as a means of

restraint.  Juveniles shall never be testees in the experimental use of drugs

and treatment.  The administration of any drug should always be authorized and

carried out by qualified medical personnel.


                I.  Notification of illness, injury and death


56.  The family or guardian of a juvenile and any other person designated by

the juvenile have the right to be informed of the state of health of the

juvenile on request and in the event of any important changes in the health of

the juvenile.  The director of the detention facility should notify

immediately the family or guardian of the juvenile concerned, or other

designated person, in case of death, illness requiring transfer of the

juvenile to an outside medical facility, or a condition requiring clinical

care within the detention facility for more than 48 hours.  Notification

should also be given to the consular authorities of the State of which a

foreign juvenile is a citizen.


57.  Upon the death of a juvenile during the period of deprivation of liberty,

the nearest relative should have the right to inspect the death certificate,

see the body and determine the method of disposal of the body.  Upon the death

of a juvenile in detention, there should be an independent inquiry into the

causes of death, the report of which should be made accessible to the nearest

relative.  This inquiry should also be made when the death of a juvenile

occurs within six months from the date of his or her release from the

detention facility and there is reason to believe that the death is related to

the period of detention.


58.  A juvenile should be informed at the earliest possible time of the death,

serious illness or injury of any immediate family member and should be

provided with the opportunity to attend the funeral of the deceased or go to

the bedside of a critically ill relative.


                    J.  Contacts with the wider community


59.  Every means should be provided to ensure that juveniles have adequate

communication with the outside world, which is an integral part of the right

to fair and humane treatment and is essential to the preparation of juveniles

for their return to society.  Juveniles should be allowed to communicate with

their families, friends and other persons or representatives of reputable

outside organizations, to leave detention facilities for a visit to their home

and family and to receive special permission to leave the detention facility

for educational, vocational or other important reasons.  Should the juvenile

be serving a sentence, the time spent outside a detention facility should be

counted as part of the period of sentence.


60.  Every juvenile should have the right to receive regular and frequent

visits, in principle once a week and not less than once a month, in

circumstances that respect the need of the juvenile for privacy, contact and

unrestricted communication with the family and the defence counsel.


61.  Every juvenile should have the right to communicate in writing or by

telephone at least twice a week with the person of his or her choice, unless

legally restricted, and should be assisted as necessary in order effectively

to enjoy this right.  Every juvenile should have the right to receive



62.  Juveniles should have the opportunity to keep themselves informed

regularly of the news by reading newspapers, periodicals and other

publications, through access to radio and television programmes and motion

pictures, and through the visits of the representatives of any lawful club or

organization in which the juvenile is interested.


          K.  Limitations of physical restraint and the use of force


63.  Recourse to instruments of restraint and to force for any purpose should

be prohibited, except as set forth in rule 64 below.


64.  Instruments of restraint and force can only be used in exceptional cases,

where all other control methods have been exhausted and failed, and only as

explicitly authorized and specified by law and regulation.  They should not

cause humiliation or degradation, and should be used restrictively and only

for the shortest possible period of time.  By order of the director of the

administration, such instruments might be resorted to in order to prevent the

juvenile from inflicting self-injury, injuries to others or serious

destruction of property.  In such instances, the director should at once

consult medical and other relevant personnel and report to the higher

administrative authority.


65.  The carrying and use of weapons by personnel should be prohibited in any

facility where juveniles are detained.


                         L.  Disciplinary procedures


66.  Any disciplinary measures and procedures should maintain the interest of

safety and an ordered community life and should be consistent with the

upholding of the inherent dignity of the juvenile and the fundamental

objective of institutional care, namely, instilling a sense of justice,

self-respect and respect for the basic rights of every person.


67.  All disciplinary measures constituting cruel, inhuman or degrading

treatment shall be strictly prohibited, including corporal punishment,

placement in a dark cell, closed or solitary confinement or any other

punishment that may compromise the physical or mental health of the juvenile

concerned.  The reduction of diet and the restriction or denial of contact

with family members should be prohibited for any purpose.  Labour should

always be viewed as an educational tool and a means of promoting the

self-respect of the juvenile in preparing him or her for return to the

community and should not be imposed as a disciplinary sanction.  No juvenile

should be sanctioned more than once for the same disciplinary infraction.

Collective sanctions should be prohibited.


68.  Legislation or regulations adopted by the competent administrative

authority should establish norms concerning the following, taking full account

of the fundamental characteristics, needs and rights of juveniles:


     (a)  Conduct constituting a disciplinary offence;


     (b)  Type and duration of disciplinary sanctions that may be inflicted;


     (c)  The authority competent to impose such sanctions;


     (d)  The authority competent to consider appeals.


69.  A report of misconduct should be presented promptly to the competent

authority, which should decide on it without undue delay.  The competent

authority should conduct a thorough examination of the case.


70.  No juvenile should be disciplinarily sanctioned except in strict

accordance with the terms of the law and regulations in force.  No juvenile

should be sanctioned unless he or she has been informed of the alleged

infraction in a manner appropriate to the full understanding of the juvenile,

and given a proper opportunity of presenting his or her defence, including the

right of appeal to a competent impartial authority.  Complete records should

be kept of all disciplinary proceedings.


71.  No juveniles should be responsible for disciplinary functions except in

the supervision of specified social, educational or sports activities or in

self-government programmes.


                        M.  Inspection and complaints


72.  Qualified inspectors or an equivalent duly constituted authority not

belonging to the administration of the facility should be empowered to conduct

inspections on a regular basis and to undertake unannounced inspections on

their own initiative, and should enjoy full guarantees of independence in the

exercise of this function.  Inspectors should have unrestricted access to all

persons employed by or working in any facility where juveniles are or may be

deprived of their liberty, to all juveniles and to all records of such



73.  Qualified medical officers attached to the inspecting authority or the

public health service should participate in the inspections, evaluating

compliance with the rules concerning the physical environment, hygiene,

accommodation, food, exercise and medical services, as well as any other

aspect or conditions of institutional life that affect the physical and mental

health of juveniles.  Every juvenile should have the right to talk in

confidence to any inspecting officer.


74.  After completing the inspection, the inspector should be required to

submit a report on the findings.  The report should include an evaluation of

the compliance of the detention facilities with the present rules and relevant

provisions of national law, and recommendations regarding any steps considered

necessary to ensure compliance with them.  Any facts discovered by an

inspector that appear to indicate that a violation of legal provisions

concerning the rights of juveniles or the operation of a juvenile detention

facility has occurred should be communicated to the competent authorities for

investigation and prosecution.


75.  Every juvenile should have the opportunity of making requests or

complaints to the director of the detention facility and to his or her

authorized representative.


76.  Every juvenile should have the right to make a request or complaint,

without censorship as to substance, to the central administration, the

judicial authority or other proper authorities through approved channels, and

to be informed of the response without delay.


77.  Efforts should be made to establish an independent office (ombudsman) to

receive and investigate complaints made by juveniles deprived of their liberty

and to assist in the achievement of equitable settlements.


78.  Every juvenile should have the right to request assistance from family

members, legal counsellors, humanitarian groups or others where possible, in

order to make a complaint.  Illiterate juveniles should be provided with

assistance should they need to use the services of public or private agencies

and organizations which provide legal counsel or which are competent to

receive complaints.

                         N.  Return to the community


79.  All juveniles should benefit from arrangements designed to assist them in

returning to society, family life, education or employment after release.

Procedures, including early release, and special courses should be devised to

this end.


80.  Competent authorities should provide or ensure services to assist

juveniles in re-establishing themselves in society and to lessen prejudice

against such juveniles.  These services should ensure, to the extent possible,

that the juvenile is provided with suitable residence, employment, clothing,

and sufficient means to maintain himself or herself upon release in order to

facilitate successful reintegration.  The representatives of agencies

providing such services should be consulted and should have access to

juveniles while detained, with a view to assisting them in their return to the


                                V.  PERSONNEL


81.  Personnel should be qualified and include a sufficient number of

specialists such as educators, vocational instructors, counsellors, social

workers, psychiatrists and psychologists.  These and other specialist staff

should normally be employed on a permanent basis.  This should not preclude

part-time or volunteer workers when the level of support and training they can

provide is appropriate and beneficial.  Detention facilities should make use

of all remedial, educational, moral, spiritual, and other resources and forms

of assistance that are appropriate and available in the community, according

to the individual needs and problems of detained juveniles.


82.  The administration should provide for the careful selection and

recruitment of every grade and type of personnel, since the proper management

of detention facilities depends on their integrity, humanity, ability and

professional capacity to deal with juveniles, as well as personal suitability

for the work.


83.  To secure the foregoing ends, personnel should be appointed as

professional officers with adequate remuneration to attract and retain

suitable women and men.  The personnel of juvenile detention facilities should

be continually encouraged to fulfil their duties and obligations in a humane,

committed, professional, fair and efficient manner, to conduct themselves at

all times in such a way as to deserve and gain the respect of the juveniles,

and to provide juveniles with a positive role model and perspective.


84.  The administration should introduce forms of organization and management

that facilitate communications between different categories of staff in each

detention facility so as to enhance co-operation between the various services

engaged in the care of juveniles, as well as between staff and the

administration, with a view to ensuring that staff directly in contact with

juveniles are able to function in conditions favourable to the efficient

fulfilment of their duties.


85.  The personnel should receive such training as will enable them to carry

out their responsibilities effectively, in particular training in child

psychology, child welfare and international standards and norms of human

rights and the rights of the child, including the present rules.  The

personnel should maintain and improve their knowledge and professional

capacity by attending courses of in-service training, to be organized at

suitable intervals throughout their career.


86.  The director of a facility should be adequately qualified for his or her

task, with administrative ability and suitable training and experience, and

should carry out his or her duties on a full-time basis.


87.  In the performance of their duties, personnel of detention facilities

should respect and protect the human dignity and fundamental human rights of

all juveniles, in particular, as follows:


     (a)  No member of the detention facility or institutional personnel may

inflict, instigate or tolerate any act of torture or any form of harsh, cruel,

inhuman or degrading treatment, punishment, correction or discipline under any

pretext or circumstance whatsoever;


     (b)  All personnel should rigorously oppose and combat any act of

corruption, reporting it without delay to the competent authorities;


     (c)  All personnel should respect the present Rules.  Personnel who have

reason to believe that a serious violation of the present Rules has occurred

or is about to occur should report the matter to their superior authorities or

organs vested with reviewing or remedial power;


     (d)  All personnel should ensure the full protection of the physical and

mental health of juveniles, including protection from physical, sexual and

emotional abuse and exploitation, and should take immediate action to secure

medical attention whenever required;


     (e)  All personnel should respect the right of the juvenile to privacy,

and in particular should safeguard all confidential matters concerning

juveniles or their families learned as a result of their professional



     (f)  All personnel should seek to minimize any differences between life

inside and outside the detention facility which tend to lessen due respect for

the dignity of juveniles as human beings.