The General Assembly,<\/p>\n
Bearing in mind the Universal Declaration of Human Rights, the
\nInternational Covenant on Civil and Political Rights, the Convention against
\nTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
\nConvention on the Rights of the Child, as well as other international
\ninstruments relating to the protection of the rights and well-being of young
\npersons,<\/p>\n
Bearing in mind also the Standard Minimum Rules for the Treatment of
\nPrisoners adopted by the First United Nations Congress on the Prevention of
\nCrime and the Treatment of Offenders,<\/p>\n
Bearing in mind further the Body of Principles for the Protection of All
\nPersons under Any Form of Detention or Imprisonment, approved by the General
\nAssembly by its resolution 43\/173 of 9 December 1988 and contained in the
\nannex thereto,<\/p>\n
Recalling the United Nations Standard Minimum Rules for the
\nAdministration of Juvenile Justice (The Beijing Rules),<\/p>\n
Recalling also resolution 21 of the Seventh United Nations Congress on
\nthe Prevention of Crime and the Treatment of Offenders, in which the Congress
\ncalled for the development of rules for the protection of juveniles deprived
\nof their liberty,<\/p>\n
Recalling further that the Economic and Social Council, in section II of
\nits resolution l986\/10 of 21 May l986, requested the Secretary-General to
\nreport on progress achieved in the development of the rules to the Committee
\non Crime Prevention and Control at its tenth session and requested the Eighth
\nUnited Nations Congress on the Prevention of Crime and the Treatment of
\nOffenders to consider the proposed rules with a view to their adoption,<\/p>\n
Alarmed at the conditions and circumstances under which juveniles are
\nbeing deprived of their liberty world wide,<\/p>\n
Aware that juveniles deprived of their liberty are highly vulnerable to
\nabuse, victimization and the violation of their rights,<\/p>\n
Concerned that many systems do not differentiate between adults and
\njuveniles at various stages of the administration of justice and that
\njuveniles are therefore being held in gaols and facilities with adults,<\/p>\n
1. Affirms that the placement of a juvenile in an institution should
\nalways be a disposition of last resort and for the minimum necessary period;<\/p>\n
2. Recognizes that, because of their high vulnerability, juveniles
\ndeprived of their liberty require special attention and protection and that
\ntheir rights and well-being should be guaranteed during and after the period
\nwhen they are deprived of their liberty;<\/p>\n
3. Notes with appreciation the valuable work of the Secretariat and the
\ncollaboration which has been established between the Secretariat and experts,
\npractitioners, intergovernmental organizations, the non-governmental
\ncommunity, particularly Amnesty International, Defence for Children
\nInternational and Radda Barnen International (Swedish Save the Children
\nFederation), and scientific institutions concerned with the rights of children
\nand juvenile justice in the development of the United Nations draft Rules for
\nthe Protection of Juveniles Deprived of their Liberty;<\/p>\n
4. Adopts the United Nations Rules for the Protection of Juveniles
\nDeprived of their Liberty contained in the annex to the present resolution;<\/p>\n
5. Calls upon the Committee on Crime Prevention and Control to
\nformulate measures for the effective implementation of the Rules, with the
\nassistance of the United Nations institutes on the prevention of crime and the
\ntreatment of offenders;<\/p>\n
6. Invites Member States to adapt, wherever necessary, their national
\nlegislation, policies and practices, particularly in the training of all
\ncategories of juvenile justice personnel, to the spirit of the Rules, and to
\nbring them to the attention of relevant authorities and the public in general;<\/p>\n
7. Also invites Member States to inform the Secretary-General of their
\nefforts to apply the Rules in law, policy and practice and to report regularly
\nto the Committee on Crime Prevention and Control on the results achieved in
\ntheir implementation;<\/p>\n
8. Requests the Secretary-General and invites Member States to ensure
\nthe widest possible dissemination of the text of the Rules in all of the
\nofficial languages of the United Nations;<\/p>\n
9. Requests the Secretary-General to conduct comparative research,
\npursue the requisite collaboration and devise strategies to deal with the
\ndifferent categories of serious and persistent young offenders, and to prepare
\na policy-oriented report thereon for submission to the Ninth United Nations
\nCongress on the Prevention of Crime and the Treatment of Offenders;<\/p>\n
10. Also requests the Secretary-General and urges Member States to
\nallocate the necessary resources to ensure the successful application and
\nimplementation of the Rules, in particular in the areas of recruitment,
\ntraining and exchange of all categories of juvenile justice personnel;<\/p>\n
11. Urges all relevant bodies of the United Nations system, in
\nparticular the United Nations Children’s Fund, the regional commissions and
\nspecialized agencies, the United Nations institutes for the prevention of
\ncrime and the treatment of offenders and all concerned intergovernmental and
\nnon-governmental organizations, to collaborate with the Secretary-General and
\nto take the necessary measures to ensure a concerted and sustained effort
\nwithin their respective fields of technical competence to promote the
\napplication of the Rules;<\/p>\n
12. Invites the Sub-Commission on Prevention of Discrimination and
\nProtection of Minorities of the Commission on Human Rights to consider this
\nnew international instrument, with a view to promoting the application of its
\nprovisions;<\/p>\n
13. Requests the Ninth Congress to review the progress made on the
\npromotion and application of the Rules and on the recommendations contained in
\nthe present resolution, under a separate agenda item on juvenile justice.<\/p>\n
ANNEX
\nUnited Nations Rules for the Protection of Juveniles
\nDeprived of their Liberty<\/p>\n
I. FUNDAMENTAL PERSPECTIVES<\/p>\n
1. The juvenile justice system should uphold the rights and safety and
\npromote the physical and mental well-being of juveniles. Imprisonment should
\nbe used as a last resort.<\/p>\n
2. Juveniles should only be deprived of their liberty in accordance with the
\nprinciples and procedures set forth in these Rules and in the United Nations
\nStandard Minimum Rules for the Administration of Juvenile Justice (The Beijing
\nRules). Deprivation of the liberty of a juvenile should be a disposition of
\nlast resort and for the minimum necessary period and should be limited to
\nexceptional cases. The length of the sanction should be determined by the
\njudicial authority, without precluding the possibility of his or her early
\nrelease.<\/p>\n
3. The Rules are intended to establish minimum standards accepted by the
\nUnited Nations for the protection of juveniles deprived of their liberty in
\nall forms, consistent with human rights and fundamental freedoms, with a view
\nto counteracting the detrimental effects of all types of detention and to
\nfostering integration in society.<\/p>\n
4. The Rules should be applied impartially, without discrimination of any
\nkind as to race, colour, sex, age, language, religion, nationality, political
\nor other opinion, cultural beliefs or practices, property, birth or family
\nstatus, ethnic or social origin, and disability. The religious and cultural
\nbeliefs, practices and moral concepts of the juvenile should be respected.<\/p>\n
5. The Rules are designed to serve as convenient standards of reference and
\nto provide encouragement and guidance to professionals involved in the
\nmanagement of the juvenile justice system.<\/p>\n
6. The Rules should be made readily available to juvenile justice personnel
\nin their national languages. Juveniles who are not fluent in the language
\nspoken by the personnel of the detention facility should have the right to the
\nservices of an interpreter free of charge whenever necessary, in particular
\nduring medical examinations and disciplinary proceedings.<\/p>\n
7. Where appropriate, States should incorporate the Rules into their
\nlegislation or amend it accordingly and provide effective remedies for their
\nbreach, including compensation when injuries are inflicted on juveniles.
\nStates should also monitor the application of the Rules.<\/p>\n
8. The competent authorities should constantly seek to increase the
\nawareness of the public that the care of detained juveniles and preparation
\nfor their return to society is a social service of great importance, and to
\nthis end active steps should be taken to foster open contacts between the
\njuveniles and the local community.<\/p>\n
9. Nothing in the Rules should be interpreted as precluding the application
\nof the relevant United Nations and human rights instruments and standards,
\nrecognized by the international community, that are more conducive to ensuring
\nthe rights, care and protection of juveniles, children and all young persons.<\/p>\n
10. In the event that the practical application of particular Rules contained
\nin sections II to V, inclusive, presents any conflict with the Rules contained
\nin the present section, compliance with the latter shall be regarded as the
\npredominant requirement.<\/p>\n
II. SCOPE AND APPLICATION OF THE RULES<\/p>\n
11. For the purposes of the Rules, the following definitions should apply:<\/p>\n
(a) A juvenile is every person under the age of 18. The age limit below
\nwhich it should not be permitted to deprive a child of his or her liberty
\nshould be determined by law;<\/p>\n
(b) The deprivation of liberty means any form of detention or
\nimprisonment or the placement of a person in a public or private custodial
\nsetting, from which this person is not permitted to leave at will, by order of
\nany judicial, administrative or other public authority.<\/p>\n
12. The deprivation of liberty should be effected in conditions and
\ncircumstances which ensure respect for the human rights of juveniles.
\nJuveniles detained in facilities should be guaranteed the benefit of
\nmeaningful activities and programmes which would serve to promote and sustain
\ntheir health and self-respect, to foster their sense of responsibility and
\nencourage those attitudes and skills that will assist them in developing their
\npotential as members of society.<\/p>\n
13. Juveniles deprived of their liberty shall not for any reason related to
\ntheir status be denied the civil, economic, political, social or cultural
\nrights to which they are entitled under national or international law, and
\nwhich are compatible with the deprivation of liberty.<\/p>\n
14. The protection of the individual rights of juveniles with special regard
\nto the legality of the execution of the detention measures shall be ensured by
\nthe competent authority, while the objectives of social integration should be
\nsecured by regular inspections and other means of control carried out,
\naccording to international standards, national laws and regulations, by a duly
\nconstituted body authorized to visit the juveniles and not belonging to the
\ndetention facility.<\/p>\n
15. The Rules apply to all types and forms of detention facilities in which
\njuveniles are deprived of their liberty. Sections I, II, IV and V of the
\nRules apply to all detention facilities and institutional settings in which
\njuveniles are detained, and section III applies specifically to juveniles
\nunder arrest or awaiting trial.<\/p>\n
16. The Rules shall be implemented in the context of the economic, social and
\ncultural conditions prevailing in each Member State.<\/p>\n
III. JUVENILES UNDER ARREST OR AWAITING TRIAL<\/p>\n
17. Juveniles who are detained under arrest or awaiting trial (“untried”) are
\npresumed innocent and shall be treated as such. Detention before trial shall
\nbe avoided to the extent possible and limited to exceptional circumstances.
\nTherefore, all efforts shall be made to apply alternative measures. When
\npreventive detention is nevertheless used, juvenile courts and investigative
\nbodies shall give the highest priority to the most expeditious processing of
\nsuch cases to ensure the shortest possible duration of detention. Untried
\ndetainees should be separated from convicted juveniles.<\/p>\n
18. The conditions under which an untried juvenile is detained should be
\nconsistent with the rules set out below, with additional specific provisions
\nas are necessary and appropriate, given the requirements of the presumption of
\ninnocence, the duration of the detention and the legal status and
\ncircumstances of the juvenile. These provisions would include, but not
\nnecessarily be restricted to, the following:<\/p>\n
(a) Juveniles should have the right of legal counsel and be enabled to
\napply for free legal aid, where such aid is available, and to communicate
\nregularly with their legal advisers. Privacy and confidentiality shall be
\nensured for such communications;<\/p>\n
(b) Juveniles should be provided, where possible, with opportunities to
\npursue work, with remuneration, and continue education or training, but should
\nnot be required to do so. Work, education or training should not cause the
\ncontinuation of the detention;<\/p>\n
(c) Juveniles should receive and retain materials for their leisure and
\nrecreation as are compatible with the interests of the administration of
\njustice.
\nIV. THE MANAGEMENT OF JUVENILE FACILITIES
\nA. Records<\/p>\n
19. All reports, including legal records, medical records and records of
\ndisciplinary proceedings, and all other documents relating to the form,
\ncontent and details of treatment, should be placed in a confidential
\nindividual file, which should be kept up to date, accessible only to
\nauthorized persons and classified in such a way as to be easily understood.
\nWhere possible, every juvenile should have the right to contest any fact or
\nopinion contained in his or her file so as to permit rectification of
\ninaccurate, unfounded or unfair statements. In order to exercise this right,
\nthere should be procedures that allow an appropriate third party to have
\naccess to and to consult the file on request. Upon release, the records of
\njuveniles shall be sealed, and, at an appropriate time, expunged.<\/p>\n
20. No juvenile should be received in any detention facility without a valid
\ncommitment order of a judicial, administrative or other public authority. The
\ndetails of this order should be immediately entered in the register. No
\njuvenile should be detained in any facility where there is no such register.<\/p>\n
B. Admission, registration, movement and transfer<\/p>\n
21. In every place where juveniles are detained, a complete and secure record
\nof the following information should be kept concerning each juvenile received:<\/p>\n
(a) Information on the identity of the juvenile;<\/p>\n
(b) The fact of and reasons for commitment and the authority therefor;<\/p>\n
(c) The day and hour of admission, transfer and release;<\/p>\n
(d) Details of the notifications to parents and guardians on every
\nadmission, transfer or release of the juvenile in their care at the time of
\ncommitment;<\/p>\n
(e) Details of known physical and mental health problems, including drug
\nand alcohol abuse.<\/p>\n
22. The information on admission, place, transfer and release should be
\nprovided without delay to the parents and guardians or closest relative of the
\njuvenile concerned.<\/p>\n
23. As soon as possible after reception, full reports and relevant
\ninformation on the personal situation and circumstances of each juvenile
\nshould be drawn up and submitted to the administration.<\/p>\n
24. On admission, all juveniles shall be given a copy of the rules governing
\nthe detention facility and a written description of their rights and
\nobligations in a language they can understand, together with the address of
\nthe authorities competent to receive complaints, as well as the address of
\npublic or private agencies and organizations which provide legal assistance.
\nFor those juveniles who are illiterate or who cannot understand the language
\nin the written form, the information should be conveyed in a manner enabling
\nfull comprehension.<\/p>\n
25. All juveniles should be helped to understand the regulations governing
\nthe internal organization of the facility, the goals and methodology of the
\ncare provided, the disciplinary requirements and procedures, other authorized
\nmethods of seeking information and of making complaints, and all such other
\nmatters as are necessary to enable them to understand fully their rights and
\nobligations during detention.<\/p>\n
26. The transport of juveniles should be carried out at the expense of the
\nadministration in conveyances with adequate ventilation and light, in
\nconditions that should in no way subject them to hardship or indignity.
\nJuveniles should not be transferred from one facility to another arbitrarily.<\/p>\n
C. Classification and placement<\/p>\n
27. As soon as possible after the moment of admission, each juvenile should
\nbe interviewed, and a psychological and social report identifying any factors
\nrelevant to the specific type and level of care and programme required by the
\njuvenile should be prepared. This report, together with the report prepared
\nby a medical officer who has examined the juvenile upon admission, should be
\nforwarded to the director for purposes of determining the most appropriate
\nplacement for the juvenile within the facility and the specific type and level
\nof care and programme required and to be pursued. When special rehabilitative
\ntreatment is required, and the length of stay in the facility permits, trained
\npersonnel of the facility should prepare a written, individualized treatment
\nplan specifying treatment objectives and time-frame and the means, stages and
\ndelays with which the objectives should be approached.<\/p>\n
28. The detention of juveniles should only take place under conditions that
\ntake full account of their particular needs, status and special requirements
\naccording to their age, personality, sex and type of offence, as well as
\nmental and physical health, and which ensure their protection from harmful
\ninfluences and risk situations. The principal criterion for the separation of
\ndifferent categories of juveniles deprived of their liberty should be the
\nprovision of the type of care best suited to the particular needs of the
\nindividuals concerned and the protection of their physical, mental and moral
\nintegrity and well-being.<\/p>\n
29. In all detention facilities juveniles should be separated from adults,
\nunless they are members of the same family. Under controlled conditions,
\njuveniles may be brought together with carefully selected adults as part of a
\nspecial programme that has been shown to be beneficial for the juveniles
\nconcerned.<\/p>\n
30. Open detention facilities for juveniles should be established. Open
\ndetention facilities are those with no or minimal security measures. The
\npopulation in such detention facilities should be as small as possible. The
\nnumber of juveniles detained in closed facilities should be small enough to
\nenable individualized treatment. Detention facilities for juveniles should be
\ndecentralized and of such size as to facilitate access and contact between the
\njuveniles and their families. Small-scale detention facilities should be
\nestablished and integrated into the social, economic and cultural environment
\nof the community.
\nD. Physical environment and accommodation<\/p>\n
31. Juveniles deprived of their liberty have the right to facilities and
\nservices that meet all the requirements of health and human dignity.<\/p>\n
32. The design of detention facilities for juveniles and the physical
\nenvironment should be in keeping with the rehabilitative aim of residential
\ntreatment, with due regard to the need of the juvenile for privacy, sensory
\nstimuli, opportunities for association with peers and participation in sports,
\nphysical exercise and leisure-time activities. The design and structure of
\njuvenile detention facilities should be such as to minimize the risk of fire
\nand to ensure safe evacuation from the premises. There should be an effective
\nalarm system in case of fire, as well as formal and drilled procedures to
\nensure the safety of the juveniles. Detention facilities should not be
\nlocated in areas where there are known health or other hazards or risks.<\/p>\n
33. Sleeping accommodation should normally consist of small group dormitories
\nor individual bedrooms, account being taken of local standards. During
\nsleeping hours there should be regular, unobtrusive supervision of all
\nsleeping areas, including individual rooms and group dormitories, in order to
\nensure the protection of each juvenile. Every juvenile should, in accordance
\nwith local or national standards, be provided with separate and sufficient
\nbedding, which should be clean when issued, kept in good order and changed
\noften enough to ensure cleanliness.<\/p>\n
34. Sanitary installations should be so located and of a sufficient standard
\nto enable every juvenile to comply, as required, with their physical needs in
\nprivacy and in a clean and decent manner.<\/p>\n
35. The possession of personal effects is a basic element of the right to
\nprivacy and essential to the psychological well-being of the juvenile. The
\nright of every juvenile to possess personal effects and to have adequate
\nstorage facilities for them should be fully recognized and respected.
\nPersonal effects that the juvenile does not choose to retain or that are
\nconfiscated should be placed in safe custody. An inventory thereof should be
\nsigned by the juvenile. Steps should be taken to keep them in good
\ncondition. All such articles and money should be returned to the juvenile on
\nrelease, except in so far as he or she has been authorized to spend money or
\nsend such property out of the facility. If a juvenile receives or is found in
\npossession of any medicine, the medical officer should decide what use should
\nbe made of it.<\/p>\n
36. To the extent possible juveniles should have the right to use their own
\nclothing. Detention facilities should ensure that each juvenile has personal
\nclothing suitable for the climate and adequate to ensure good health, and
\nwhich should in no manner be degrading or humiliating. Juveniles removed from
\nor leaving a facility for any purpose should be allowed to wear their own
\nclothing.<\/p>\n
37. Every detention facility shall ensure that every juvenile receives food
\nthat is suitably prepared and presented at normal meal times and of a quality
\nand quantity to satisfy the standards of dietetics, hygiene and health and, as
\nfar as possible, religious and cultural requirements. Clean drinking water
\nshould be available to every juvenile at any time.<\/p>\n
E. Education, vocational training and work<\/p>\n
38. Every juvenile of compulsory school age has the right to education suited
\nto his or her needs and abilities and designed to prepare him or her for
\nreturn to society. Such education should be provided outside the detention
\nfacility in community schools wherever possible and, in any case, by qualified
\nteachers through programmes integrated with the education system of the
\ncountry so that, after release, juveniles may continue their education without
\ndifficulty. Special attention should be given by the administration of the
\ndetention facilities to the education of juveniles of foreign origin or with
\nparticular cultural or ethnic needs. Juveniles who are illiterate or have
\ncognitive or learning difficulties should have the right to special education.<\/p>\n
39. Juveniles above compulsory school age who wish to continue their
\neducation should be permitted and encouraged to do so, and every effort should
\nbe made to provide them with access to appropriate educational programmes.<\/p>\n
40. Diplomas or educational certificates awarded to juveniles while in
\ndetention should not indicate in any way that the juvenile has been
\ninstitutionalized.<\/p>\n
41. Every detention facility should provide access to a library that is
\nadequately stocked with both instructional and recreational books and
\nperiodicals suitable for the juveniles, who should be encouraged and enabled
\nto make full use of it.<\/p>\n
42. Every juvenile should have the right to receive vocational training in
\noccupations likely to prepare him or her for future employment.<\/p>\n
43. With due regard to proper vocational selection and to the requirements of
\ninstitutional administration, juveniles should be able to choose the type of
\nwork they wish to perform.<\/p>\n
44. All protective national and international standards applicable to child
\nlabour and young workers should apply to juveniles deprived of their liberty.<\/p>\n
45. Wherever possible, juveniles should be provided with the opportunity to
\nperform remunerated labour, if possible within the local community, as a
\ncomplement to the vocational training provided in order to enhance the
\npossibility of finding suitable employment when they return to their
\ncommunities. The type of work should be such as to provide appropriate
\ntraining that will be of benefit to the juveniles following release. The
\norganization and methods of work offered in detention facilities should
\nresemble as closely as possible those of similar work in the community, so as
\nto prepare juveniles for the conditions of normal occupational life.<\/p>\n
46. Every juvenile who performs work should have the right to an equitable
\nremuneration. The interests of the juveniles and of their vocational training
\nshould not be subordinated to the purpose of making a profit for the detention
\nfacility or a third party. Part of the earnings of a juvenile should normally
\nbe set aside to constitute a savings fund to be handed over to the juvenile on
\nrelease. The juvenile should have the right to use the remainder of those
\nearnings to purchase articles for his or her own use or to indemnify the
\nvictim injured by his or her offence or to send it to his or her family or
\nother persons outside the detention facility.<\/p>\n
F. Recreation<\/p>\n
47. Every juvenile should have the right to a suitable amount of time for
\ndaily free exercise, in the open air whenever weather permits, during which
\ntime appropriate recreational and physical training should normally be
\nprovided. Adequate space, installations and equipment should be provided for
\nthese activities. Every juvenile should have additional time for daily
\nleisure activities, part of which should be devoted, if the juvenile so
\nwishes, to arts and crafts skill development. The detention facility should
\nensure that each juvenile is physically able to participate in the available
\nprogrammes of physical education. Remedial physical education and therapy
\nshould be offered, under medical supervision, to juveniles needing it.<\/p>\n
G. Religion<\/p>\n
48. Every juvenile should be allowed to satisfy the needs of his or her
\nreligious and spiritual life, in particular by attending the services or
\nmeetings provided in the detention facility or by conducting his or her own
\nservices and having possession of the necessary books or items of religious
\nobservance and instruction of his or her denomination. If a detention
\nfacility contains a sufficient number of juveniles of a given religion, one or
\nmore qualified representatives of that religion should be appointed or
\napproved and allowed to hold regular services and to pay pastoral visits in
\nprivate to juveniles at their request. Every juvenile should have the right
\nto receive visits from a qualified representative of any religion of his or
\nher choice, as well as the right not to participate in religious services and
\nfreely to decline religious education, counselling or indoctrination.<\/p>\n
H. Medical care<\/p>\n
49. Every juvenile shall receive adequate medical care, both preventive and
\nremedial, including dental, ophthalmological and mental health care, as well
\nas pharmaceutical products and special diets as medically indicated. All such
\nmedical care should, where possible, be provided to detained juveniles through
\nthe appropriate health facilities and services of the community in which the
\ndetention facility is located, in order to prevent stigmatization of the
\njuvenile and promote self-respect and integration into the community.<\/p>\n
50. Every juvenile has a right to be examined by a physician immediately upon
\nadmission to a detention facility, for the purpose of recording any evidence
\nof prior ill-treatment and identifying any physical or mental condition
\nrequiring medical attention.<\/p>\n
51. The medical services provided to juveniles should seek to detect and
\nshould treat any physical or mental illness, substance abuse or other
\ncondition that may hinder the integration of the juvenile into society. Every
\ndetention facility for juveniles should have immediate access to adequate
\nmedical facilities and equipment appropriate to the number and requirements of
\nits residents and staff trained in preventive health care and the handling of
\nmedical emergencies. Every juvenile who is ill, who complains of illness or
\nwho demonstrates symptoms of physical or mental difficulties, should be
\nexamined promptly by a medical officer.<\/p>\n
52. Any medical officer who has reason to believe that the physical or mental
\nhealth of a juvenile has been or will be injuriously affected by continued
\ndetention, a hunger strike or any condition of detention should report this
\nfact immediately to the director of the detention facility in question and to
\nthe independent authority responsible for safeguarding the well-being of the
\njuvenile.<\/p>\n
53. A juvenile who is suffering from mental illness should be treated in a
\nspecialized institution under independent medical management. Steps should be
\ntaken, by arrangement with appropriate agencies, to ensure any necessary
\ncontinuation of mental health care after release.<\/p>\n
54. Juvenile detention facilities should adopt specialized drug abuse
\nprevention and rehabilitation programmes administered by qualified personnel.
\nThese programmes should be adapted to the age, sex and other requirements of
\nthe juveniles concerned, and detoxification facilities and services staffed by
\ntrained personnel should be available to drug- or alcohol-dependent juveniles.<\/p>\n
55. Medicines should be administered only for necessary treatment on medical
\ngrounds and, when possible, after having obtained the informed consent of the
\njuvenile concerned. In particular, they must not be administered with a view
\nto eliciting information or a confession, as a punishment or as a means of
\nrestraint. Juveniles shall never be testees in the experimental use of drugs
\nand treatment. The administration of any drug should always be authorized and
\ncarried out by qualified medical personnel.<\/p>\n
I. Notification of illness, injury and death<\/p>\n
56. The family or guardian of a juvenile and any other person designated by
\nthe juvenile have the right to be informed of the state of health of the
\njuvenile on request and in the event of any important changes in the health of
\nthe juvenile. The director of the detention facility should notify
\nimmediately the family or guardian of the juvenile concerned, or other
\ndesignated person, in case of death, illness requiring transfer of the
\njuvenile to an outside medical facility, or a condition requiring clinical
\ncare within the detention facility for more than 48 hours. Notification
\nshould also be given to the consular authorities of the State of which a
\nforeign juvenile is a citizen.<\/p>\n
57. Upon the death of a juvenile during the period of deprivation of liberty,
\nthe nearest relative should have the right to inspect the death certificate,
\nsee the body and determine the method of disposal of the body. Upon the death
\nof a juvenile in detention, there should be an independent inquiry into the
\ncauses of death, the report of which should be made accessible to the nearest
\nrelative. This inquiry should also be made when the death of a juvenile
\noccurs within six months from the date of his or her release from the
\ndetention facility and there is reason to believe that the death is related to
\nthe period of detention.<\/p>\n
58. A juvenile should be informed at the earliest possible time of the death,
\nserious illness or injury of any immediate family member and should be
\nprovided with the opportunity to attend the funeral of the deceased or go to
\nthe bedside of a critically ill relative.<\/p>\n
J. Contacts with the wider community<\/p>\n
59. Every means should be provided to ensure that juveniles have adequate
\ncommunication with the outside world, which is an integral part of the right
\nto fair and humane treatment and is essential to the preparation of juveniles
\nfor their return to society. Juveniles should be allowed to communicate with
\ntheir families, friends and other persons or representatives of reputable
\noutside organizations, to leave detention facilities for a visit to their home
\nand family and to receive special permission to leave the detention facility
\nfor educational, vocational or other important reasons. Should the juvenile
\nbe serving a sentence, the time spent outside a detention facility should be
\ncounted as part of the period of sentence.<\/p>\n
60. Every juvenile should have the right to receive regular and frequent
\nvisits, in principle once a week and not less than once a month, in
\ncircumstances that respect the need of the juvenile for privacy, contact and
\nunrestricted communication with the family and the defence counsel.<\/p>\n
61. Every juvenile should have the right to communicate in writing or by
\ntelephone at least twice a week with the person of his or her choice, unless
\nlegally restricted, and should be assisted as necessary in order effectively
\nto enjoy this right. Every juvenile should have the right to receive
\ncorrespondence.<\/p>\n
62. Juveniles should have the opportunity to keep themselves informed
\nregularly of the news by reading newspapers, periodicals and other
\npublications, through access to radio and television programmes and motion
\npictures, and through the visits of the representatives of any lawful club or
\norganization in which the juvenile is interested.<\/p>\n
K. Limitations of physical restraint and the use of force<\/p>\n
63. Recourse to instruments of restraint and to force for any purpose should
\nbe prohibited, except as set forth in rule 64 below.<\/p>\n
64. Instruments of restraint and force can only be used in exceptional cases,
\nwhere all other control methods have been exhausted and failed, and only as
\nexplicitly authorized and specified by law and regulation. They should not
\ncause humiliation or degradation, and should be used restrictively and only
\nfor the shortest possible period of time. By order of the director of the
\nadministration, such instruments might be resorted to in order to prevent the
\njuvenile from inflicting self-injury, injuries to others or serious
\ndestruction of property. In such instances, the director should at once
\nconsult medical and other relevant personnel and report to the higher
\nadministrative authority.<\/p>\n
65. The carrying and use of weapons by personnel should be prohibited in any
\nfacility where juveniles are detained.<\/p>\n
L. Disciplinary procedures<\/p>\n
66. Any disciplinary measures and procedures should maintain the interest of
\nsafety and an ordered community life and should be consistent with the
\nupholding of the inherent dignity of the juvenile and the fundamental
\nobjective of institutional care, namely, instilling a sense of justice,
\nself-respect and respect for the basic rights of every person.<\/p>\n
67. All disciplinary measures constituting cruel, inhuman or degrading
\ntreatment shall be strictly prohibited, including corporal punishment,
\nplacement in a dark cell, closed or solitary confinement or any other
\npunishment that may compromise the physical or mental health of the juvenile
\nconcerned. The reduction of diet and the restriction or denial of contact
\nwith family members should be prohibited for any purpose. Labour should
\nalways be viewed as an educational tool and a means of promoting the
\nself-respect of the juvenile in preparing him or her for return to the
\ncommunity and should not be imposed as a disciplinary sanction. No juvenile
\nshould be sanctioned more than once for the same disciplinary infraction.
\nCollective sanctions should be prohibited.<\/p>\n
68. Legislation or regulations adopted by the competent administrative
\nauthority should establish norms concerning the following, taking full account
\nof the fundamental characteristics, needs and rights of juveniles:<\/p>\n
(a) Conduct constituting a disciplinary offence;<\/p>\n
(b) Type and duration of disciplinary sanctions that may be inflicted;<\/p>\n
(c) The authority competent to impose such sanctions;<\/p>\n
(d) The authority competent to consider appeals.<\/p>\n
69. A report of misconduct should be presented promptly to the competent
\nauthority, which should decide on it without undue delay. The competent
\nauthority should conduct a thorough examination of the case.<\/p>\n
70. No juvenile should be disciplinarily sanctioned except in strict
\naccordance with the terms of the law and regulations in force. No juvenile
\nshould be sanctioned unless he or she has been informed of the alleged
\ninfraction in a manner appropriate to the full understanding of the juvenile,
\nand given a proper opportunity of presenting his or her defence, including the
\nright of appeal to a competent impartial authority. Complete records should
\nbe kept of all disciplinary proceedings.<\/p>\n
71. No juveniles should be responsible for disciplinary functions except in
\nthe supervision of specified social, educational or sports activities or in
\nself-government programmes.<\/p>\n
M. Inspection and complaints<\/p>\n
72. Qualified inspectors or an equivalent duly constituted authority not
\nbelonging to the administration of the facility should be empowered to conduct
\ninspections on a regular basis and to undertake unannounced inspections on
\ntheir own initiative, and should enjoy full guarantees of independence in the
\nexercise of this function. Inspectors should have unrestricted access to all
\npersons employed by or working in any facility where juveniles are or may be
\ndeprived of their liberty, to all juveniles and to all records of such
\nfacilities.<\/p>\n
73. Qualified medical officers attached to the inspecting authority or the
\npublic health service should participate in the inspections, evaluating
\ncompliance with the rules concerning the physical environment, hygiene,
\naccommodation, food, exercise and medical services, as well as any other
\naspect or conditions of institutional life that affect the physical and mental
\nhealth of juveniles. Every juvenile should have the right to talk in
\nconfidence to any inspecting officer.<\/p>\n
74. After completing the inspection, the inspector should be required to
\nsubmit a report on the findings. The report should include an evaluation of
\nthe compliance of the detention facilities with the present rules and relevant
\nprovisions of national law, and recommendations regarding any steps considered
\nnecessary to ensure compliance with them. Any facts discovered by an
\ninspector that appear to indicate that a violation of legal provisions
\nconcerning the rights of juveniles or the operation of a juvenile detention
\nfacility has occurred should be communicated to the competent authorities for
\ninvestigation and prosecution.<\/p>\n
75. Every juvenile should have the opportunity of making requests or
\ncomplaints to the director of the detention facility and to his or her
\nauthorized representative.<\/p>\n
76. Every juvenile should have the right to make a request or complaint,
\nwithout censorship as to substance, to the central administration, the
\njudicial authority or other proper authorities through approved channels, and
\nto be informed of the response without delay.<\/p>\n
77. Efforts should be made to establish an independent office (ombudsman) to
\nreceive and investigate complaints made by juveniles deprived of their liberty
\nand to assist in the achievement of equitable settlements.<\/p>\n
78. Every juvenile should have the right to request assistance from family
\nmembers, legal counsellors, humanitarian groups or others where possible, in
\norder to make a complaint. Illiterate juveniles should be provided with
\nassistance should they need to use the services of public or private agencies
\nand organizations which provide legal counsel or which are competent to
\nreceive complaints.
\nN. Return to the community<\/p>\n
79. All juveniles should benefit from arrangements designed to assist them in
\nreturning to society, family life, education or employment after release.
\nProcedures, including early release, and special courses should be devised to
\nthis end.<\/p>\n
80. Competent authorities should provide or ensure services to assist
\njuveniles in re-establishing themselves in society and to lessen prejudice
\nagainst such juveniles. These services should ensure, to the extent possible,
\nthat the juvenile is provided with suitable residence, employment, clothing,
\nand sufficient means to maintain himself or herself upon release in order to
\nfacilitate successful reintegration. The representatives of agencies
\nproviding such services should be consulted and should have access to
\njuveniles while detained, with a view to assisting them in their return to the
\ncommunity.
\nV. PERSONNEL<\/p>\n
81. Personnel should be qualified and include a sufficient number of
\nspecialists such as educators, vocational instructors, counsellors, social
\nworkers, psychiatrists and psychologists. These and other specialist staff
\nshould normally be employed on a permanent basis. This should not preclude
\npart-time or volunteer workers when the level of support and training they can
\nprovide is appropriate and beneficial. Detention facilities should make use
\nof all remedial, educational, moral, spiritual, and other resources and forms
\nof assistance that are appropriate and available in the community, according
\nto the individual needs and problems of detained juveniles.<\/p>\n
82. The administration should provide for the careful selection and
\nrecruitment of every grade and type of personnel, since the proper management
\nof detention facilities depends on their integrity, humanity, ability and
\nprofessional capacity to deal with juveniles, as well as personal suitability
\nfor the work.<\/p>\n
83. To secure the foregoing ends, personnel should be appointed as
\nprofessional officers with adequate remuneration to attract and retain
\nsuitable women and men. The personnel of juvenile detention facilities should
\nbe continually encouraged to fulfil their duties and obligations in a humane,
\ncommitted, professional, fair and efficient manner, to conduct themselves at
\nall times in such a way as to deserve and gain the respect of the juveniles,
\nand to provide juveniles with a positive role model and perspective.<\/p>\n
84. The administration should introduce forms of organization and management
\nthat facilitate communications between different categories of staff in each
\ndetention facility so as to enhance co-operation between the various services
\nengaged in the care of juveniles, as well as between staff and the
\nadministration, with a view to ensuring that staff directly in contact with
\njuveniles are able to function in conditions favourable to the efficient
\nfulfilment of their duties.<\/p>\n
85. The personnel should receive such training as will enable them to carry
\nout their responsibilities effectively, in particular training in child
\npsychology, child welfare and international standards and norms of human
\nrights and the rights of the child, including the present rules. The
\npersonnel should maintain and improve their knowledge and professional
\ncapacity by attending courses of in-service training, to be organized at
\nsuitable intervals throughout their career.<\/p>\n
86. The director of a facility should be adequately qualified for his or her
\ntask, with administrative ability and suitable training and experience, and
\nshould carry out his or her duties on a full-time basis.<\/p>\n
87. In the performance of their duties, personnel of detention facilities
\nshould respect and protect the human dignity and fundamental human rights of
\nall juveniles, in particular, as follows:<\/p>\n
(a) No member of the detention facility or institutional personnel may
\ninflict, instigate or tolerate any act of torture or any form of harsh, cruel,
\ninhuman or degrading treatment, punishment, correction or discipline under any
\npretext or circumstance whatsoever;<\/p>\n
(b) All personnel should rigorously oppose and combat any act of
\ncorruption, reporting it without delay to the competent authorities;<\/p>\n
(c) All personnel should respect the present Rules. Personnel who have
\nreason to believe that a serious violation of the present Rules has occurred
\nor is about to occur should report the matter to their superior authorities or
\norgans vested with reviewing or remedial power;<\/p>\n
(d) All personnel should ensure the full protection of the physical and
\nmental health of juveniles, including protection from physical, sexual and
\nemotional abuse and exploitation, and should take immediate action to secure
\nmedical attention whenever required;<\/p>\n
(e) All personnel should respect the right of the juvenile to privacy,
\nand in particular should safeguard all confidential matters concerning
\njuveniles or their families learned as a result of their professional
\ncapacity;<\/p>\n
(f) All personnel should seek to minimize any differences between life
\ninside and outside the detention facility which tend to lessen due respect for
\nthe dignity of juveniles as human beings.<\/p>\n","protected":false},"excerpt":{"rendered":"
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 […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5,43,44,10],"tags":[],"class_list":["post-2776","post","type-post","status-publish","format-standard","hentry","category-geography","category-human-rights-online-library","category-the-universal-declaration-of-human-rights-human-rights-online-library","category-world","country-world","Tajikistan-human-rights-2","Documents-international-instruments"],"acf":[],"_links":{"self":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts\/2776","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/comments?post=2776"}],"version-history":[{"count":1,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts\/2776\/revisions"}],"predecessor-version":[{"id":2777,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts\/2776\/revisions\/2777"}],"wp:attachment":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/media?parent=2776"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/categories?post=2776"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/tags?post=2776"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}