5. Recommendations concerning juvenile detention centres
The recommendations submitted to the Minister of Justice along with her responses can be found in
Appendix 4.
5.1
General recommendations
5.1.1
Dignity and physical integrity
The CGLPL had recommended that general rules bearing on discipline be established.
The Minister of Justice claims that this measure was subject in 2015 to a memo on educational
action and guidelines on developing institutions' rules of procedure. This point was also discussed
between juvenile detention centre directors in 2017, when it appeared necessary to put an end to
subjective assessments and to establish objective indicators for disobedience so as to deliver
punishments on a personal, case-by-case basis. The CGLPL can only encourage that the efforts being
taken on this subject continue along these lines.
Set up national objective indicators for assessing disobedience in juvenile detention centres and
tools for applying personal punishments on a case-by-case basis.
5.1.2 Rights of defence
The CGLPL had recommended setting up arrangements for accessing legal rights, allowing children
to contact the lawyer of their choice as well as the judge in charge of their file and offering children
support when accessing their file.
These measures are requirements pursuant to the Social Action and Family Code; they are
transposed in the guidelines of 4 May 2015 on drafting the operating regulations concerning collective
court-ordered placement institutions in the public sector and authorised associations sector, but have
not been addressed by specific instructions. Provision is made to guarantee complete confidentiality
during exchanges between young people and their lawyer, meetings with lawyers are subject to
specific permissions for the young person to leave the juvenile detention centre, the young person and
legal guardians are entitled to access any information or document concerning the young person’s
detention arrangements, their communication is supervised depending on the legal, psychological or
medical nature of the information.
The CGLPL duly notes this provision but finds, during its inspections, that it is unevenly
applied, and it therefore recommends that a reminder be given of these rules, on which training and
supervision should be ensured.
5.1.3 Right to privacy and family life - relations with the outside world
The CGLPL had recommended developing family visits inside institutions and creating facilities that
are conducive to confidential, sociable encounters.
The Minister of Justice underscores the need to involve families and youth workers trained in
working with young offenders in home environments in care provision at juvenile detention centres;
she points out that the recommendation merely repeats the provisions of the functional programme
of such centres, which unfortunately is correct. But for all that, the measure has not systematically
been put into practice. As such, the CGLPL recommends that reminders and supervision be carried
out as regards this measure.
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