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• Make sure children can access adequate support to
recover from violence;
• Ensure that restraint in custody is used only as a
last resort and solely to prevent harm to the child
or others;
• Prohibit the use of restraint in custody for
disciplinary purposes;
• Develop a broad range of alternatives to keep
children out of custody;
• Make sure the law requires that custody can only
ever be used as a measure of last resort and for the
shortest period of time;
• Make sure that children in custody are separated
from adults in all places (e.g. including recreation
and health care) unless it would be in the child’s best
interests to do otherwise;
• Make sure children in custody have a legal right
to education.
In 2009, the UN Committee on the Rights of the
Child recommended the following to the Dutch
Government:
• Ensure the full implementation of juvenile justice
standards, in particular Articles 37, 40 and 39
of the Convention, as well as the United Nations
Standard Minimum Rules for the Administration of
Juvenile Justice (the Beijing Rules) and the United
Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines);
• Use the recommendations of the UN Violence Study
as the basis of major action to ensure that every
child is protected from all forms of physical, sexual
and mental violence;
• Consider reviewing its legislation with the aim of
eliminating the possibility of trying children as adults;
• Eliminate the life imprisonment sentence for children
(Netherlands Antilles);
• Ensure that the deprivation of liberty of juvenile
offenders is used only as a measure of last resort
and for the shortest appropriate period of time.
In 2009, the UN Committee on the Rights of the
Child recommended the following to the Romanian
Government:
• Ensure the full implementation of juvenile justice
standards, in particular Articles 37, 40 and 39
of the Convention, as well as the United Nations
Standard Minimum Rules for the Administration of
Juvenile Justice (the Beijing Rules) and the United
Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines);
• Use the recommendations of the UN Violence Study
as the basis of major action to ensure that every
child is protected from all forms of physical, sexual
and mental violence;
• Take immediate measures to stop police violence
against all children and challenge the prevailing
culture of impunity for such acts;
• Strengthen support for victims of violence, abuse,
neglect and maltreatment in order to ensure that
they are not victimised once again during legal
proceedings;
• Provide access to adequate services for recovery,
counselling and other forms of reintegration in all
parts of the country;
• Children in conflict with the law should be always
dealt with within the juvenile justice system and
never tried as adults in ordinary courts;
• Detention should be always applied as a measure of
last resort and for the shortest possible period of
time and be reviewed on a regular basis with a view
to withdrawing it;
• Children deprived of liberty should have access to
education, including in pre-trial detention;
• Legislation on regulating the activity of re-education
centres (Decree No 545) should be reviewed.
ENDING VIOLENCE AGAINST CHILDREN IN CUSTODY PAGE 17