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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 />
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