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Rules for the Protection of Juveniles Deprived of Their Liberty Adopted by the General Assembly as resolution 45/113 on the recommendation of the Eighth Congress 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, should be in accord with the principles and procedures in these Rules and in the Standard Minimum Rules for the Administration of Juvenile Justice, and should be for the minimum necessary period. The length of the sanction should be determined by judicial authority, without precluding the possibility of early release. The Rules are designed to establish minimum standards accepted by the United Nations for the protection of juveniles
deprived of their liberty and serve as convenient standards of reference to professionals involved in the juvenile justice system. They should be made available to juvenile justice personnel in their national languages. 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. Competent authorities should seek to increase the
awareness of the public that care of detained juveniles and preparation for their return to society is a social service of great importance. To this end, contacts between the juveniles and the local community should be fostered. SCOPE AND APPLICATION OF THE RULES The following definitions apply: Deprivation of liberty should be effected in conditions and circumstances which
ensure respect for the human rights of juveniles. Detained juveniles should be guaranteed meaningful activities and programs which promote health and self-respect, foster their sense of responsibility and encourage their development as potential members of society. Detained juveniles are not to be denied for any reasons related to their status 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 their liberty, such as social security benefits, freedom of association and, upon reaching the minimum age established by law, the right to marry. 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 controls carried out according to international standards and
national laws and regulations by a duly constituted body authorized to visit the juveniles and not belonging to the detention facility. The Rules apply to all types and forms of detention facilities in which juveniles are deprived of their liberty. The Rules are to be implemented in the context of the economic, social and cultural conditions prevailing in each Member State. JUVENILES UNDER ARREST OR A WAITING TRIAL 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 and limited to exceptional circumstances. 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 expeditious processing of such cases to ensure the shortest possible duration of detention. Untried detainees should be separated from convicted juveniles. The conditions under which an untried juvenile is detained should include, but not necessarily be limited to, the following: THE MANAGEMENT OF JUVENILE FACILITIES Records All reports, including legal records, medical records, 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. Where possible, every juvenile
should have the right to contest any fact or opinion contained in his or her file. In order to exercise this right, there should be procedures that allow an appropriate third party to consult the file on request. Upon release, the records of juveniles shall be sealed and, at an appropriate time, expunged. No juvenile should be received in any detention facility without a valid commitment order of a judicial, administrative or other public authority. No juvenile should be detained in any
facility where there is no such register. Admission, registration, movement and transfer In every place where juveniles are detained, a complete and secure record of the following information should be kept concerning each juvenile: The above-mentioned information should be provided without delay to the parents and guardians or
closest relative of the juvenile. On admission, juveniles will be given a copy of rules governing the 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 and the address of agencies which provide legal assistance. For those who are illiterate or cannot understand the language in the written form, the information shall be conveyed in a comprehensible manner. Classification and placement As soon as possible after admission, each juvenile should be interviewed and a psychological and social report identifying factors relevant to the care and program required by the juvenile should be prepared. This report, together with that of a medical officer who has examined the juvenile upon admission, should be
forwarded to the director for the purpose of determining the most appropriate placement of the juvenile within the facility. When special rehabilitative treatment is required, and the length of the stay permits, trained personnel should prepare a written, individualized treatment plan specifying objectives, time-frame, means, stages and potential delays. Detention of juveniles should take place only under conditions taking account of their particular needs, status, age, personality, sex
and type of offense, to ensure their protection from harmful influences and risk situations. The principal criterion for the separation of different categories of juveniles should be the type of care best suited to individual needs. 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 program shown to be beneficial
for the juveniles concerned. Open detention facilities - those with no or minimal security measures - for juveniles should be established. The population in such 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 should be decentralized and of such size as to facilitate contact with families. Small-scale facilities should be established and integrated into the
social, economic and cultural environment of the community. Physical environment and accommodation Juveniles deprived of their liberty shall have the right to facilities and services meeting all requirements of health and human dignity. Design of facilities should be in keeping with the rehabilitative aim, with due regard for privacy,
sensory stimuli, opportunities for association between peers, sports and physical exercise and leisure activities. Risk of fire should be minimized and safe evacuation ensured. Facilities should not be located where there are known health or other hazards. Sleeping accommodation should consist of small group dormitories or individual bedrooms, while bearing in mind local standards. During sleeping hours, there should be regular, unobtrusive supervision. Every juvenile should, in accord
with local or national standards, be provided with separate and sufficient bedding, clean when issued and changed often enough to ensure cleanliness. Sanitary installations should be so located and of a sufficient standard to enable every juvenile to comply with physical needs in privacy and in a clean and decent manner. The possession of personal effects is a basic element of the right to privacy and essential to psychological well-being. The right to possess and store personal effects
is to be fully respected. Those effects the juvenile does not choose to retain or that are confiscated should be placed in safe custody, and an inventory thereof signed by the juvenile. 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 medicine, the medical officer is to decide what use to make of it. To the
extent possible, juveniles should have the right to use their own clothing. Facilities should ensure that each juvenile has personal clothing suitable for the climate and adequate to ensure good health, and which in no manner shall be degrading or humiliating. Juveniles removed from or leaving a facility should be allowed to wear their own clothing. Every detention facility shall ensure suitably prepared food presented at normal mealtimes and of a quality and quantity to meet dietary,
hygienic and health standards and, as far as possible, religious or cultural requirements. Clean drinking water is to be available at any time. Education, vocational training and work Every juvenile of compulsory school age has the right to education suited to his or her needs and designed to prepare him or her for return to society. Such
education should be provided outside the facility in community schools wherever possible. Special attention should be given to the education of juveniles of foreign origin or with particular cultural or ethnic needs and those who are illiterate or have cognitive difficulties have a right to special education. Juveniles above compulsory school age who wish to continue their education should be permitted and encouraged to do so. Diplomas or educational certificates awarded to juveniles
while in detention should not indicate in any way that the juvenile has been institutionalized. Every facility should provide access to a library adequately stocked with instructional and recreational books. Every juvenile has the right to receive vocational training. With due regard to proper vocational selection and the requirements of institutional administration, juveniles should be able to choose the type of work they wish to perform. All protective national and international
standards applicable to child labor should apply to juveniles deprived of their liberty. Wherever possible, juveniles should be provided with opportunities to perform remunerated labor, if possible within the local community, as a complement to the vocational training provided. The organization and methods of work offered in detention facilities should resemble as closely as possible those of similar work in the community. Every juvenile who performs work has the right to equitable
remuneration. Interests of juveniles and 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 the juvenile normally should be set aside for a savings fund to be handed over at release. The juvenile has the right to the remainder, to purchase personal articles, indemnify the victim of his or her offense or send to his or her family or other persons outside the detention facility. Recreation Every juvenile has the right to a suitable amount of time for daily free exercise, in the open air when weather permits, during which recreational and physical training normally should be provided. Adequate space, installations and equipment are to be provided. There should be additional time for daily leisure activities, including arts and crafts skill development if the juvenile so wishes. Remedial physical education and therapy under medical supervision should be offered to juveniles needing it. Religion Every juvenile is to be allowed to satisfy the needs of his or her religious or spiritual life, by attending services in the facility or by conducting his or her own services and having possession of necessary books or items of religious observance and instruction. If a facility contains a sufficient number of juveniles of a give n religion, one or more qualified representatives of that religion should be appointed to hold regular services and pay pastoral visits. Every juvenile has the right to visits from qualified representatives 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. Medical care 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 care should, where possible, be provided to detained juveniles through
the appropriate facilities of the community in which the detention facility is located, to prevent stigmatization and promote integration into the community. Every juvenile has a right to examination by a physician immediately upon admission to a detention facility, for the purpose of recording evidence of prior ill-treatment and identifying any physical or mental condition requiring treatment. The medical service should seek to detect and treat any physical or mental illness, substance
abuse or other condition that may hinder the integration of the juvenile into society. Every facility should have immediate access to adequate medical facilities and equipment appropriate to the number and requirements of its residents and to staff trained in preventive care and emergency treatment. Every juvenile who complains of or demonstrates symptoms of physical or mental difficulties should be examined promptly by a medical officer. Any medical officer who believes 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 facility and to the independent authority responsible for safeguarding the well-being of the juvenile. A juvenile suffering from mental illness should be treated in a specialized institution under independent medical management. Steps should be taken to continue mental health care after release.
Juvenile detention facilities should adopt specialized drug abuse prevention and rehabilitation programs administered by qualified personnel and adapted to the age, sex and other requirements of the juveniles concerned. Detoxification facilities and services staffed by trained personnel should be available. Medicines should be administered only for necessary treatment and, when possible, after having obtained the informed consent of the juvenile concerned. In particular, they must not
be administered to elicit 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. Administration of any drug should always be authorized and carried out by qualified medical personnel. Notification of illness, injury and death 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. Any parent, guardian or designated person shall be notified immediately in case of death, illness requiring transfer to an outside medical facility or a condition requiring clinical care within the detention facility for more than 48 hours. Notification should be given to
the consular authorities of the State of which a foreign juvenile is a citizen. Upon the death of a juvenile during the period of deprivation of liberty, the nearest relative has the right to inspect the death certificate, see the body and determine the method of its disposal. 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 occurs within six months of the
date of the juvenile's release and there is reason to believe that the death is related to the period of detention. A juvenile should be informed at the earliest possible time of the death or serious illness or injury of any immediate family member and have the opportunity to attend the funeral or go to the bedside of a critically ill relative. Contains with the wider community Juveniles should have adequate communication with the outside world, which is part of fair and humane treatment and essential to preparation for return to society. Communication should be allowed with families, friends and other persons or representatives of reputable outside organizations. Juveniles should be allowed to leave the facility for a visit to home and family and should receive special permission to leave for educational or vocational
reasons. Should the juvenile be serving a sentence, time spent outside a facility should be counted as part of the period of sentence. Every juvenile has the right to receive regular and frequent visits, in principle once a week and not less than once a month, in privacy and with unrestricted communication with family and the defense counsel. Every juvenile has 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 in enjoying this right. Every juvenile has the right to receive correspondence. Juveniles have the right to keep informed of the news through newspapers and periodicals, access to radio, television and motion pictures, and visits of the representatives of any lawful club or organization. Limitations of physical restraint and the use of force Recourse to instruments of restraint and to force should be prohibited, except as set forth below. Instruments of restraint and force can be used only in exceptional cases, where all other control methods have failed, and only as authorized by law and regulation. They should not cause humiliation or degradation, and should be used restrictively and only for the shortest possible 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 consult medical and other relevant personnel at once and report to the higher administrative authority. The carrying and use of weapons by personnel should be prohibited in any facilities where juveniles are detained. Disciplinary procedures Disciplinary measures should promote safety and an ordered community and should be consistent with upholding the dignity of the juvenile and instilling a sense of justice, self-respect and respect for the rights of others. All cruel, inhumane or degrading disciplinary measures shall be strictly prohibited, including corporal punishment, placement in a dark cell and solitary confinement. Reduction of diet
and denial of contact with family members should be prohibited. Labor should always be viewed as an educational tool and a means of promoting the self-respect of the juvenile and should not be imposed as a disciplinary measure. No juvenile should be sanctioned more than once for the same infraction. Collective sanctions should be prohibited. Legislation or regulations should be established concerning the following: A report of misconduct should be presented promptly to the proper authority, and decided on without undue delay. A thorough examination of the case should be conducted. No juvenile should be sanctioned except in accord with the law and regulations in force. No juvenile should be sanctioned without being
informed of the alleged infraction and given a proper opportunity to present a defense, including right of appeal to a competent impartial authority. Complete records should be kept of all disciplinary proceedings. No juveniles should be responsible for disciplinary functions except in the supervision of specified social, educational or sports activities or in self-government programmes. Inspection and complaints Qualified inspectors or an equivalent authority not belonging to the administration of the facility should conduct inspections on a regular basis and undertake unannounced inspections on their own initiative and should enjoy full guarantees of independence. 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 and to all juveniles and all records of such facilities. Qualified medical officers attached to the inspecting authority or the public health service should participate in inspections, evaluating compliance with rules concerning physical environment, hygiene, accommodation, food, exercise and medical services. Every juvenile has the right to talk in confidence to any inspecting officer. After completing the inspection, the inspector should submit a report including an evaluation
of compliance with the present Rules and relevant national law and recommendations for ensuring compliance. Any facts indicating violation of legal provisions should be communicated to competent authorities for investigation and prosecution. Every juvenile should be able to make requests or complaints to the director of the facility or his or her authorized representative, or to the central administration, the judicial authority or other proper authorities through the proper channels,
without censorship as to substance, and should be informed of the response without delay. Efforts should be made to establish an independent office (ombudsman) to investigate complaints made by juveniles deprived of their liberty and achieve equitable settlements. Juveniles have the right to request assistance from family members, legal counselors, humanitarian groups or others to make a complaint. Illiterate juveniles should be assisted if they need to use the services of agencies
providing legal counsel or which are competent to receive complaints. Return to the community Procedures, including early release, should be designed to assist juveniles returning to society, family life, education or employment after release. Services to assist juveniles in reestablishing themselves in society should ensure, to the extent
Possible, suitable residence, employment, clothing and sufficient means. Representatives of agencies providing such services should be consulted and should have access to juveniles while detained. Personnel should be qualified and include a sufficient number of educators, vocational instructors, counselors, social
workers, psychiatrists and psychologists, normally employed on a full-time basis, but not excluding part-time or volunteer workers as appropriate. The administration should carefully select and recruit every grade and type of personnel, provide adequate remuneration and encourage conduct that will deserve and gain the respect of juveniles. Organization and management should facilitate communications between different categories of staff and between staff and administration. Personnel
are to be trained in child psychology, child welfare and international standards and norms of human rights and the rights of the child, including the present Rules, and to receive in-service training in professional skills. The director of a facility should be qualified by administrative ability, suitable training and experience and should work full-time. Personnel should respect and protect human dignity and fundamental rights. In particular: | |||||
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