a. No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment. Neither capital punishment nor life imprisonment without possibility of release
shall be imposed for offences committed by persons below eighteen years of age;
c. Every child deprived of liberty shall be treated with humanity and respect for the inherent
dignity of the human person, and in a manner which takes into account the needs of persons
of his or her age.
In particular, every child deprived of liberty shall be separated from adults unless it is
considered in the child's best interest not to do so and shall have the right to maintain
contact with his or her family through correspondence and visits, save in exceptional
circumstances;
d. Every child deprived of his or her liberty shall have the right to prompt access to legal
and other appropriate assistance, as well as the right to challenge the legality of the
deprivation of his or her liberty before a court or other competent, independent and
impartial authority, and to a prompt decision on any such action.
Art. 40 point 1: States Parties recognize the right of every child alleged as, accused of, or
recognized as having infringed the penal law to be treated in a manner consistent with the
promotion of the child's sense of dignity and worth, which reinforces the child's respect for
the human rights and fundamental freedoms of others and which takes into account the
child's age and the desirability of promoting the child's reintegration and the child's
assuming a constructive role in society.
Ninth General Report [CPT/Inf (99) 12]
§ 35 Places where juveniles may be deprived of their liberty almost invariably make
provision for disciplinary sanctions to be applied to inmates who misbehave. In this
connection, the CPT is particularly concerned about the placement of juveniles in conditions
resembling solitary confinement, a measure which can compromise their physical and/or
mental integrity. The Committee considers that resort to such a measure must be regarded
as highly exceptional. If juveniles are held separately from others, this should be for the
shortest possible period of time and, in all cases, they should be guaranteed appropriate
human contact, granted access to reading material and offered at least one hour of outdoor
exercise every day. All disciplinary procedures applied to juveniles should be accompanied
by formal safeguards and be properly recorded. In particular, juveniles should have the
right to be heard on the subject of the offence which they are alleged to have committed, and
to appeal before a higher authority against any sanctions imposed; full details of all such
sanctions should be recorded in a register kept in each establishment where juveniles are
deprived of their liberty.
United Nations Rules for the Protection of Juveniles Deprived of their Liberty. General
Assembly resolution 45/113
Principle 66 Any disciplinary measures and procedures should maintain the interest of
safety and an ordered community life and should be consistent with the upholding of the
inherent dignity of the juvenile and the fundamental objective of institutional care, namely,
instilling a sense of justice, self-respect and respect for the basic rights of every person.
Principle 67 All disciplinary measures constituting cruel, inhuman or degrading treatment
shall be strictly prohibited, including corporal punishment, placement in a dark cell, closed
or solitary confinement or any other punishment that may compromise the physical or
mental health of the juvenile concerned. The reduction of diet and the restriction or denial of
contact with family members should be prohibited for any purpose. Labour should always
be viewed as an educational tool and a means of promoting the self-respect of the juvenile in
preparing him or her for return to the community and should not be imposed as a
disciplinary sanction. No juvenile should be sanctioned more than once for the same
disciplinary infraction. Collective sanctions should be prohibited.
Principle 70 No juvenile should be disciplinarily sanctioned except in strict accordance
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