Session outline ten: Protection of juveniles Objectives Participants will have a basic understanding of the international human rights standards applying especially to juveniles in contact with the criminal justice system, and will be sensitized to the importance of protecting all children from abuse, and of measures to prevent juvenile crime. Sources UDHR (1 and 25(2)) CRC (preamble, arts. 3, 9, 19, 37 and 40) SMRTP (rules 27, 28, 29, 30, 31, 32, 33, 34 and 37) Beijing Rules (rules 1, 4, 5, 6, 10.1, 11, 13, 17.1, 17.2, 18, 19, 22, 26.3, 26.5 and 27) United Nations Rules for Juveniles (rules 1, 2, 4, 8, 11(a), 14, 17, 29, 30, 31, 56, 57, 58, 59, 63, 64, 65, 66, 67, 72, 79, 80, 81, 82, 83, 84, 85, 86, 87 and 88) Standards Children are to benefit from all the human rights guarantees available to adults. In addition, the following rules are applicable to children:139 Children shall be treated in a manner which promotes their sense of dignity and worth; which facilitates their reintegration into society; which reflects the best interests of the child; and which takes into account the needs of persons of their age.140 Children shall not be subjected to torture; to cruel, inhuman or degrading treatment or punishment; to corporal punishment; or to life imprisonment without possibility of release.141 Detention or imprisonment of children shall be an extreme measure of last resort, and detention shall be for the shortest possible time.142 Children shall be separated from adult detainees.143 Detained children shall receive visits and correspondence from family members.144 A minimum age for criminal responsibility shall be established.145 Non-judicial proceedings and alternatives to institutional care shall be provided for. 146 The child’s privacy shall be respected, and complete and secure records shall be maintained and kept confidential.147 The use of physical restraints and force on children shall be exceptional and employed, for the shortest time possible, only when all other control measures have been exhausted and have failed.148 Weapons shall not be carried in juvenile institutions.149 139 UDHR, articles 1 and 25(2); CRC, preamble. CRC, articles 3 and 37; The Beijing Rules, rules 1, 5, and 6; United Nations Rules for the Protection of Juveniles Deprived of their Liberty (hereinafter “United Nations Rules for Juveniles”), rules 1, 4, 14, 31, 79 and 80. 141 CRC, article 37(a); The Beijing Rules, rule 27; United Nations Rules for Juveniles, rules 64, 66 and 67. 142 CRC, article 37(b); The Beijing Rules, rules 13.1, 17.1(b), 18.1 and 19.1; United Nations Rules for Juveniles, rules 2 and 17. 143 CRC, article 37(c); The Beijing Rules, rules 13.4 and 26.3; United Nations Rules for Juveniles, rule 29. 144 CRC, articles 9 and 37(c); The Beijing Rules, rules 13.3 and 27.2; SMRTP, rule 37; United Nations Rules for Juveniles, rule 59. 145 CRC, article 40(3)(a); The Beijing Rules, rule 4; United Nations Rules for Juveniles, rule 11(a). 146 CRC, articles 37(b), 40(3)(b) and 40(4); The Beijing Rules, rules 11, 13, 17.1, 18 and 19; United Nations Rules for Juveniles, rules 2, 17 and 30. 147 CRC, article 40(2)(b)(vii); The Beijing Rules, rule 27; United Nations Rules for Juveniles, rule 8. 148 CRC, article 19; The Beijing Rules, rules 13.3 and 17.2; SMRTP, rules 27-34; United Nations Rules for Juveniles, rules 63 and 64. 149 United Nations Rules for Juveniles, rule 65. 140 132