Health. In the fulfilment of such sensitive tasks, presenting difficulties on a daily basis, these
exchanges are also a form of acknowledgement and support of the persons involved.
Local partners are also necessary for proper operation of the institutions.
The latter need to establish the closest possible relations with the town councils of the
communes in which they are established, which are in a position to make all initiatives easier and
above all to calm concerns arising from the setting up of an institution which is never desired.
Formalised relations with the police and gendarmeries departments also need to be
established, in order to provide for rules for dealing with all forms of offences, on the one
hand, and children who run away, on the other hand. However, the police, like the
gendarmerie, cannot constitute the sole defence against disorder. It is incumbent upon the
staff alone to organise the basic requirements of collective life by the necessary educational
means.
As the Contrôle Général has already made known in its previous reports, the education of
children also requires connections with the health administration (insofar as possible,
agreements need to be entered into with hospitals specialised in the treatment of mental
illness); with the educational administration (with regard to organising the presence of
teachers in due time and, if necessary, sending a child accommodated in the institution to
school; with the representatives of private businesses and public institutions, for the
development of work experience in companies60; and finally with the administration of
cultural services, with a view to organising the implementation of projects. As far as the
establishment of relations with the public administrations in particular is concerned,
approvals and authorisations for opening institutions need to be subject to minimum
conditions (for example the presence of a nurse, required for healthcare and health
education, one or one and a half days per week)61.
Finally, the steering committee provided for by the texts needs to be regularly convened
with its members present, in particular the prefect or a representative of the latter and the
judicial authorities. Its members should be able to make inspections of the young offenders’
institution for which the committee is responsible. Similarly, juvenile court judges having
sent or planning to send adolescents to an institution should be able to have access thereto.
2.3.1.3 – The Children
The conditions applicable to children accommodated come under the authority of educational
and criminal policy and rulings made by judges.
However, a certain number of precautions need to be taken care of.
The requirements of education, discipline and rules of collective life always need to be
reconciled with the special protection to which children are entitled (cf. Beijing Rules, article 2662)
and with their fundamental rights, in particular those concerning the prohibition of inhuman and
degrading treatments, the right to respect for private and family life and the right to freedom of
expression. The managements of the institutions have to ensure that no orders or practices
infringe these principles, to which the full attention of audits and inspections needs to be
devoted. The manner in which searches are implemented at the time of children’s return from
60
In one CEF concerning which the report was finalised in 2013, vocational experience (of very short duration) was
organised, for the greater well-being of the young persons, in the town’s police academy.
61
With regard to mental health issues, see the proposals detailed in section Y below “Fundamental Rights tested by
Mental Health”.
62
The so-called Beijing Rules were adopted by the United Nations General Assembly in 1985. They concern the
administration of juvenile justice.
56
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