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Council of Europe Commissioner for
Human Rights
The Commissioner for Human Rights is an independent,
non-judicial institution of the Council of Europe, mandated
to promote awareness of, and respect for, human rights
in the 47 Member States. The Commissioner for Human
Rights regularly conducts visits to monitor and evaluate
the standards of human rights protection in all Council
of Europe members. After a visit, a report is published,
containing conclusions and recommendations to help
address concerns and raise standards. The current Council
of Europe Commissioner for Human Rights is Nils Muižnieks.
Council of Europe Commissioner for Human Rights:
summary of comments made to partner countries
The Council of Europe Commissioner for Human Rights,
following his visit to Austria in May 2007, did not raise
any issues on the criminal justice detention of children. 30
The memorandum from the Council of Europe
Commissioner for Human Rights, following his visit to
Cyprus in July 2008, did not raise any issues on the
criminal justice detention of children. 31
In October 2008, the Council of Europe Commissioner
for Human Rights issued a juvenile justice memorandum
on the UK, 32 observing: ‘The Commissioner has been
struck by the apparent focus in UK custodial settings on
the issue of restraint techniques and what is “allowed”
and “not allowed”. He is not aware of any other member
state that sanctions the use of deliberate pain as a
method of restraining a child’. The Commissioner urged:
‘… the immediate discontinuation of all methods of
restraint that aim to deliberately inflict pain on children.’
He noted the recommendation of the United Nations
Secretary-General’s Study on Violence Against Children:
‘The State must not itself be a perpetrator of violence
against individuals in its care … The use of corporal
punishment and other cruel or degrading forms of
punishment or control must be prohibited explicitly
within all institutional and alternative care settings
where children reside or are detained’ and recommends
‘The UK Government must as a matter of urgency
ensure that corporal punishment is explicitly prohibited
in all custodial settings’.
The memorandum from the Council of Europe
Commissioner for Human Rights, following his visit in
2008 to the Netherlands, welcomed an amendment
to the criminal code that no longer allows children to
receive life imprisonment sentences. He expressed his
concern over the trend for harsher penalties for young
people. During the visit he stressed that detention of
children in closed institutions should only be a last
resort and for the shortest possible period. He said
that preference should be given to non custodial
alternatives. No specific recommendations were made
relating to violence in custody. 33
The report from the Council of Europe Commissioner
for Human Rights, following a visit to Romania in 2002
did not make any specific recommendations relating to
violence against children in custody. 34
European Union: Lisbon Treaty
The adoption of the Lisbon Treaty was a significant
development for children’s rights in Europe. Article 3 of
the Treaty on European Union requires the EU to promote
the rights of the child. The Treaty on the European Union
contains several other provisions relating to the promotion
and protection of human rights. Article 24 of the Charter
of Fundamental Rights of the European Union states:
Children shall have the right to such protection and care as
is necessary for their well-being. They may express their
views freely. Such views shall be taken into consideration
on matters which concern them in accordance with
their age and maturity. In all actions relating to children,
whether taken by public authorities or private institutions,
the child’s best interests must be a primary consideration…
30 Council of Europe (2007) Report by the Council of Europe Commissioner
for Human Rights Mr Thomas Hammarberg on his visit to Austria,
CommDH(2007)26
31 Council of Europe (2008) Report by the Council of Europe Commissioner
for Human Rights Mr Thomas Hammarberg on his visit to Cyprus,
CommDH(2008)36
32 Council of Europe (2008) Report by the Council of Europe Commissioner
for Human Rights Mr Thomas Hammarberg following his visits to the United
Kingdom (5-8 February and 31 March-2 April 2008), CommDH(2008)27
33 Council of Europe (2009).Report by the Council of Europe Commissioner for
Human Rights Mr Thomas Hammarberg on his visit to the Netherlands (21-25
September 2008), CommDH(2009)2
34 Council of Europe (2002) Report by Mr Alvaro Gil-Robles, Commissioner for
Human Rights, on his visit to Romania 5-9 October 2002, CommDH(2002)13
ENDING VIOLENCE AGAINST CHILDREN IN CUSTODY PAGE 23