Annual Report 2014 of the National Preventive Mechanism
It would be desirable for the entities to verify that all centres have such regulation
available, since its absence, poor implementation or use of an inadequate language for
its understanding by minors, could be factors of legal uncertainty that could
encourage an arbitrary application of the rules at the centre and the
defencelessness of the minors.
Such arbitrary application of rules could occur in the absence of homogeneous criteria
to establish the disciplinary regime in the internal regulations which could lead to
certain centres applying very strict regulations and others more flexible one, for minors
with the same or similar needs, so that the NPM considers it necessary for this matter
to be regulated.
Disciplinary proceedings should be the last recourse to be used, giving priority to
restorative dispute resolution and educational interaction systems over formal
proceedings or punishment.
295. Such regulation should contain, at least, a description of rights and obligations,
matters of general organisation, rules of cohabitation and operation of the centre,
procedures to file requests, claims or appeals, the system of infringements and
penalties and, if necessary, the protocols to apply contention measures in situations
of crisis of minors, among other situations. If necessary, the contents that they fail to
understand of such information should be explained to them.
296. It is considered necessary that, upon arrival to the centre, the minor be
delivered a copy of the regulation, worded in a clear, simple language adapted to his
level of understanding, together with the address of the responsible authorities to which
he may bring his complaints and the public or private bodies and organisations that
provide legal assistance.
Minors who are not sufficiently fluent in the language spoken by the personnel of the
centre should have access to free services of an interpreter whenever necessary,
particularly while receiving information on the contents of the internal regulation,
medical examinations and disciplinary actions.
For minors unable to read and write or unable to understand the language in
written form, the information should be given in a manner that they are perfectly able
to understand.
297. It has been observed, and this is a matter of concern, that no general legal
framework exists on minors with conduct disorders, establishing the events,
requirements and conditions for the public entities for the protection of minors to apply
specific programs that contemplate the use of non-penalising measures of
contention.
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