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saerTaSoriso samarTlis Jurnali, #1, 2008 JOURNAL OF INTERNATIONAL LAW, N1, 2008
human dignity and fundamental HR of detained
juveniles.
The UN Rules for the Protection of Juveniles
Deprived of their Liberty set forth a comprehensive
approach to the rehabilitation of
juvenile offenders, inspired by the Convention
on the Rights of the Child. Some of the main
principles are:
• Facilities should be decentralized, to prevent
juveniles from being detained far from
their families and communities, and small
enough to allow for individualized attention.
• The system should include open or semiopen
facilities, to meet the needs of children
who require a residential setting but
do not pose a serious danger to the community.
• Treatment should begin with an evaluation
of the needs of the individual, and
should include appropriate forms of education,
work, spiritual and psychosocial counselling,
recreation and care of medical
problems, including drug or alcohol dependency.
• Respect for the rights of the child is essential
to rehabilitation, because it encourages
respect for the rights of others.
According to the JDs detention before
trial shall be avoided to the extent possible;
all efforts should be made to apply alternative
measures; if preventive detention is used, priority
should be on a speedy trial to ensure
the short detention periods; juveniles in pretrial
detention should be presumed innocent;
they should have the right to free legal aid
and communicate with their counsels; they
should have a chance to pursue work (with
remuneration), education or vocational training
and to receive and retain materials for their
leisure and recreation.
Concerning Management of juvenile
facilities JDs states, that juveniles should
not be detained without a valid commitment
order ; individual record file should be established
for each juvenile which should be confidential,
however information from the file
should be contestable by juvenile concerned.
Juveniles should be separated from adults
unless they are members of the same family
Deprivation of liberty should only be in
facilities which meat all the requirements of
health and human dignity. Sleeping accommodation
should consist of small group dormitories
or individual bedrooms; sanitary installations
should be sufficient and suitable for physical
needs and privacy; the possession of personal
clothing and effects should be allowed; clothing
should be suitable for the climate and adequate
to ensure good health; food should be
suitably prepared and presented at normal
meal times; clean drinking water should be
available, preventive and remedial medical
care should be adequate; education should
take place in community schools and juveniles
should have access to appropriate educational
programs, library and vocational training. At
the same time, juveniles should have the opportunity
to work and receive an equitable remuneration.
Recreation activities as well as practice
of one’s religion shall be allowed supported;
Juveniles should have adequate communication
with the outside world, including but
not limited to family members and friends; juveniles
should be permitted to leave the facilities
for visits to their family homes or for educational,
vocational or other important reasons;
they should also have the right to receive regular
and frequent visits, the right to communicate
in writing or by phone and the opportunity
to keep themselves informed regularly of
the news.
Recourse or physical restraint or the use
of force should be limited to exceptional cases
and only as explicitly authorized by law or
regulation; even then they should not cause
humiliation or degradation and be used only
for the shortest possible time; carrying of weapons
by personnel should be prohibited; Regular
inspections should be conducted by qualified
independent inspectors and each inspection
should finish with a report; facts indicating
a violation of rights of juveniles or operation
of a detention facility should be communicated
to competent authorities.
JDs also sets rules for disciplinary proceedings
and rules for complaints by juveniles.
Un Resolution 1997/30 Administration
of Juvenile Justice: The Vienna Guidelines
(1997). This program of action provides
a comprehensive set of measures aimed at
establishing a well-functioning system of juvenile
justice administration according to the
CRC, Beijing Rules, Riyadh Guidelines and
JDLs and promoting effective use and application
of these int’l standards. The topic of
child victims and witnesses is given a special
consideration.
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