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The Riyadh Guidelines<br />

The United Nations Guidelines for the Prevention of<br />

Juvenile Delinquency, otherwise referred to as “Riyadh<br />

Guidelines,” are a resolution by the UN General Assembly<br />

regarding the prevention of juvenile delinquency.<br />

While the guidelines are focused on the prevention of<br />

juvenile offending, the document is clear that violence<br />

in juvenile justice settings should be avoided. Paragraph<br />

21(h) states that education systems should apply particular<br />

attention to the avoidance of harsh disciplinary measures,<br />

particularly corporal punishment. Paragraph 54 states that<br />

no child or young person should be subjected to harsh or<br />

degrading correction or punishment measures at home,<br />

in schools or in any other institutions. The guidelines also<br />

state that Member States should introduce legislation<br />

to ensure the prevention of abuse, victimisation and<br />

exploitation of children and young people.<br />

The Havana Rules<br />

The United Nations Rules for the Protection of Juveniles<br />

Deprived of their Liberty, otherwise referred to as the<br />

“Havana Rules”, are a resolution of the UN General<br />

Assembly regarding the treatment of children and young<br />

people who have been deprived of their liberty. The Rules<br />

set out minimum standards for the protection of children<br />

and young people deprived of their liberty, in line with<br />

human rights standards. The Rules are meant to be a<br />

supplement to the Beijing Rules.<br />

The Rules state that juvenile justice systems should uphold<br />

the rights and safety of children as well as promoting<br />

the physical and mental well-being of juvenile offenders.<br />

Rule 67 says that all disciplinary measures constituting<br />

cruel, inhumane or degrading treatment shall be strictly<br />

prohibited, including corporal punishment.<br />

World report on violence against children<br />

The United Nations Secretary-General’s Study on<br />

Violence against Children was published in 2006. It is<br />

the most comprehensive study ever into the many forms<br />

of violence suffered by children in different parts of<br />

the world and in different settings. The Study made 12<br />

major recommendations to national Governments and<br />

international bodies.<br />

The UN Violence Study made an additional 13<br />

recommendations in relation to children in care<br />

or custody:<br />

1. Prohibit all violence in care and justice systems;<br />

2. Ensure institutionalisation is a last resort, and<br />

prioritise alternatives;<br />

3. Ensure quality staffing and training;<br />

4. Ensure police, referral agencies, lawyers, judges,<br />

institution managers and staff know about and can<br />

put children’s rights into practice;<br />

5. Ensure court systems are sensitive to the needs of<br />

children and their families;<br />

6. Regularly reassess placements to see whether<br />

detention is still necessary; ensure children (and<br />

their parents) are involved in these reviews;<br />

7. Ensure effective complaints, investigation and<br />

enforcement mechanisms;<br />

8. Ensure effective sanctions against perpetrators of<br />

violence, including those who run institutions;<br />

9. Ensure effective monitoring and private access to<br />

children in custody so they can <strong>freely</strong> talk about<br />

their experiences;<br />

10. Ensure the registration and collection of data so<br />

that children’s views and experiences are known<br />

and progress towards ending violence in custody<br />

can be measured;<br />

11. Ensure that the use of detention is reduced so it is<br />

used only as a very last resort for those children<br />

who pose a real danger to others;<br />

12. Introduce legal reform to ensure children can<strong>not</strong> be<br />

subject to violence as a punishment for offending;<br />

13. Establish child-focused juvenile justice systems for<br />

all children up to the age of 18.<br />

PAGE 20<br />

www.violencefreecustody.org.uk

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