| United Nations | A/RES/45/113 |
General Assembly
Distr. GENERAL
14 December 1990
ORIGINAL:
ENGLISH
A/RES/45/113
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
persons,
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
provisions;
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.
ANNEX
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
release.
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.
II. SCOPE AND APPLICATION OF THE RULES
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.
III. JUVENILES UNDER ARREST OR AWAITING TRIAL
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
justice.
IV. THE MANAGEMENT OF JUVENILE FACILITIES
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
commitment;
(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
concerned.
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
clothing.
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
institutionalized.
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
juvenile.
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
correspondence.
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
facilities.
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
community.
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
capacity;
(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.