United Nations Rules for
the protection of juveniles
deprived of their liberty
Resolution 45 / 113
14 December 1990, 68th
plenary session
The General Assembly,
Bearing in mind the Universal Declaration of Human 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 Offences, 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 1986/10 of 21 May 1986, 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 Eight 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,
2. Recognizes that, because of their high vulnerability, juveniles deprived of their liberty require special attention and protection and that their rights and wellbeing 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 Rädda 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.
* Resolution 39/46, annex
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 report.
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, and 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 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 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 mare conductive 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;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.
b. The deprivation of liberty means any form of detention or imprisonment or the placement of a persons 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.
III.JUVENILES UNDER ARREST OR AWAITING TRAIL
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 provision s 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 advisers. Privacy and confidentiality shall be ensured for such communications;IV. THE MANAGEMENT OF JUVENILE FACILITIES
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.
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 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.0
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;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.
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.
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 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,
while bearing in mind 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 me 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
ethic 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 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 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 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 right 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 domination. 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 ad 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, counseling or indoctrination.
H. Medical cares
49. Every juvenile shall
receive adequate medical care, both preventive and remedial, including
dental, ophthalmologic 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 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 testers 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 juvenile and any other person designated by the juvenile have the right
to be informed of the state of health 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 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 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 organization,
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
sentences, 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 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 readings
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 instrument
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 one 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 means or promoting the self-respect of juvenile in preparing him or
her for return to the community and should not be imposed as a disciplinary
sanction. No juvenile should be sanction more than once for the same disciplinary
infraction. Collective sanctions should be prohibited.
68. Legislation or relations
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;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.
b. Type and duration of disciplinary sanctions that may be inflicted;
c. The authority competent to consider appeals.
M. Inspection and complaints
72. Qualified inspectors
or an equivalent duly constituted authority no 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 counselors,
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, counselors, 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, 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 cooperation 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 fulfillment 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.