CAT/OP/BRA/1
(d)
Establish clear rules about the use of irritant gases, so as to ensure that
they are used in strict conformity with the principles of proportionality and necessity.
A register of the use of any type of force, including less-than-lethal, should be kept.
C.
Institutions for children and adolescents
1.
General issues
(a)
Legislation on children and adolescents
130. During its visit, the SPT was concerned that deprivation of liberty for children and
adolescents was not always used as a last resort, contrary to the spirit of the 1990 Law of
the Child and the Adolescent (Estatuto da Criança e do Adolescente, ECA). Moreover, the
institutions in which children and adolescents were held were frequently no different than
ordinary prisons for adults with a very rigid disciplinary system. The authorities met in São
Paulo acknowledged the important increase in the number of children and adolescents
deprived of liberty, which, in their opinion, revealed a failure in prevention policies
especially in the area of drug trafficking and drug addiction.
131. The SPT was concerned at the lack of emphasis on the socio-educational dimension
of the juvenile system. In practice, little analysis and support was carried out to enable the
reintegration of the child or adolescent into society. The SPT was left with the impression
that specialised training for technical staff was lacking.
132. In order to ensure the full implementation of the ECA in accordance with
international standards,46 and bearing in mind the best interests of the child, the SPT
recommends that:
(a)
Children and adolescents only be deprived of their liberty as a measure
of last resort, for the shortest possible period of time, subject to regular review.
(b)
A change in approach be made from punitive to preventive,47 in order to
avoid further stigmatization and criminalization of children. The existing
infrastructure and human resources should be improved and training of staff be
enhance.
(c)
The State party expands the available vocational training provided to
children and adolescents held in centres so as to enable their reintegration in their
community and the society as a whole.
(d)
The State party maintain and further encourage the participation of
parents during the entire period of implementation of socio-educational measures to
enable the child or adolescent’s constant contact with his family.
(b)
Legal safeguards in police custody, pre-trial detention facilities and centres for children
and adolescents
133. On the basis of numerous interviews, the SPT found that children and adolescents
were not given the special protection they needed from the moment of arrest. Those
46
47
Convention on the Rights of the Child, arts. 37(b), 39 and 40; the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (“The Beijing Rules”) adopted by General Assembly
resolution 40/33; and the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty, adopted by General Assembly resolution 45/113.
In accordance with the United Nations Guidelines for the Prevention of Juvenile Delinquency (the
“Riyadh Guidelines”), adopted by General Assembly resolution 45/112.
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents