-30
Initiative, Washington University, Washington College of
Law
• Women in detention: a guide to gender-sensitive monitoring,
APT/PRI, 2013
• International Committee of the Red Cross, Women in
detention, International Review of the Red Cross, Volume 92
Number 877, March 2010
2.2.2. Juvenile prisoners
As in the case of women prisoners, there are many international
documents recognizing the specific vulnerability of juveniles deprived
of their liberty and focusing on their treatment. The most important of
these documents are the UN Rules for the Protection of Juveniles Deprived of
their Liberty (the Havana Rules) at the UN level and Recommendation CM/
Rec(2008)11 of the Committee of Ministers to member states on the European
Rules for juvenile offenders subject to sanctions and measures at the Council
of Europe level. An important source of specific recommendations to
member states are the concluding observations of the UN Committee on
the Rights of the Child after periodic reviews of state parties’ reports, as
well as its general comments.
The
principle
underlining
all
international
documents
containing
standards on children deprived of their liberty is that detention of
children must always be a measure of last resort and as short as possible.
All such documents also recognize the specific vulnerability of children in
detention because of their lack of understanding of the law and prison
order, difficulty accessing legal aid and venues to complain, lack of means
to provide for additional food and supplies where needed, deprivation of
needed family support, and physical weakness and lack of means to defend
against official abuse, etc. To address these vulnerabilities, international
standards stress on states’ positive obligations to ensure contact of
children deprived of their liberty with their family, including notification
of family members about detention, visits, regular and unrestricted
communication, and the possibility of
family members to accompany
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