SPOTLIGHT ON YOUTH DETENTION underlying the joint draft law on the execution of 15 youth detention. There are numerous documents at Council of Europe and United Nations (UN) level from which the human rights requirements in respect of the execution of youth detention can be derived. They include, in particular, the European Rules for Juvenile Offenders 16 Subject to Sanctions or Measures, the United Nations Rules for the Protection of Juveniles Deprived 17 of their Liberty (“Havana Rules”) and the United Nations Standard Minimum Rules for the Admin18 istration of Juvenile Justice (“Beijing Rules”). The Joint Commission bases its assessment of the execution of youth detention when it comes to the prevention of inhuman treatment on the aforementioned standards. 1.1 – GENERAL ISSUES In its decision of 31 May 2006 the Federal Constitutional Court ruled that a specific legal basis needed to 13 be created for the execution of youth imprisonment. Once the Länder had enacted the relevant legislation, they began also creating the legal basis for the execution of youth detention. To that end 14 Länder (only North Rhine-Westphalia and Bremen did not participate) elaborated a joint draft on the basis of which the individual laws on the execution of youth detention are being drawn up. The Joint Commission enquired with the Länder as to what stage the legislative process had reached. As at 30 April 2015 Baden-Württemberg, Brandenburg, Hamburg, North Rhine-Westphalia and Schleswig-Holstein had adopted their own laws on the execution of youth detention. The Joint Commission’s task when visiting youth detention centres is limited to assessing the conditions of detention and treatment of those in custody. It is not in a position to make any statements regarding the – much-discussed – issue of the purpose and prospects of success of youth detention as a disciplinary measure. In accordance with section 90 (1), first sentence, of the Youth Courts Law, the aim of youth detention is to “arouse the youth’s sense of self-respect and make him fully aware that he must take responsibility for the wrong he has done”. Youth detention thus primarily serves educational purposes. In accordance with section 90 (1), third sentence, of the Youth Courts Law, the execution of youth detention is also to contribute to the young offender “overcoming those difficulties which contributed to his commission of the criminal offence” and thus to promote his rehabilitation. The Federal Constitutional Court ruled in regard to the execution of youth imprisonment that the educational purpose derives from the guarantee of human dignity and the principle of proportionality 14 and that it thus has constitutional rank. The same must also apply to the execution of youth detention. Section 13 (3) of the Youth Courts Law stipulates that the execution of youth detention may not carry the same legal consequences as a penalty and that it must thus differ from the execution of a prison sentence. These are therefore the guiding principles 1.1.1 – Expectations in respect of the execution of youth detention In the context of focusing on youth detention in 2014, the Joint Commission visited 22 youth detention centres across the 16 Länder and thus gained a comprehensive overview of how youth detention is 19 executed in practice. It also looked at those laws on the execution of youth detention which have already been adopted and one draft law on the execution of youth detention. The Joint Commission placed its main emphasis on the humane treatment and conditions of detention of those placed in youth detention. It focused on the statutory mandate, namely that when enforcing youth detention the focus must be on its educational purpose. Merely putting young offenders away is not 20 compatible with human dignity. Treating juveniles with dignity also requires that they be treated as people with their own rights and that they not be unfairly dictated to. That includes being treated with respect by staff. Staff need the relevant training in order to be able to react appropriately to young offenders’ age-specific 15 see Kunze, Torsten; Decker, Ursula: Musterentwurf für ein Jugendarrestvollzugsgesetz, 4 Forum Strafvollzug 63 (2014), p. 262 et seqq. 16 Recommendation CM/Rec(2008)11 of the Committee of Ministers of the Council of Europe of 5 November 2008 17 Resolution of the UN General Assembly No. 45/113 of 14 December 1990 18 Resolution of the UN General Assembly No. 40/33 of 29 November 1985 19 Youth detention executed against detainees from Bremen is enforced in Lower Saxony. Some detention centres were visited in 2015. The findings from the visits were, where available, incorporated into this general section. The reports and responses will be published on the National Agency’s website (www.nationalestelle.de). 20 Federal Constitutional Court, judgment of 5 June 1973, file no. 1 BvR 536/72, BVerfGE 35, 202–245, margin no. 72 13 Federal Constitutional Court, judgment of 31 May 2006, file nos 2 BvR 1673/04 and 2 BvR 2402/04 Federal Constitutional Court, judgment of 31 May 2006, file nos 2 BvR 1673/04 and 2 BvR 2402/04, margin no. 51 (juris) 14 27