Juveniles deprived
of their liberty under
criminal legislation
1. Preliminary remarks
96. In 1998, in its 9th General Report,
the CPT set out the criteria which guide
its work when visiting places where
“juveniles” (i.e. persons under the age
of 188) are deprived of their liberty. In
particular, it identifed a number of safeguards which should be ofered to all
juveniles deprived of their liberty under
criminal legislation and the conditions
which should obtain in detention centres
specifcally designed for juveniles. The
Committee considers that the time is ripe
to review these standards based upon its
visit experience since 1998 and taking
into consideration developments at the
European and universal levels, focusing
at this stage on the deprivation of liberty
of juveniles in the criminal law context.
At the outset, the CPT reiterates that its
standards should be viewed as complementary to those set out in international
instruments, notably the 1989 United
Nations Convention on the Rights of
8. In the majority of Council of Europe member
states, the minimum age of criminal responsibility is fxed at the age of 14 or 15 years,
while, in a few countries, the minimum age
ranges from eight to 13 years.
the Child and Recommendation CM/Rec
(2008) 11 of the Committee of Ministers
of the Council of Europe to member
states on the European Rules for juvenile ofenders subject to sanctions or
measures (“European rules for young
ofenders”), which provides a detailed
set of rules for the treatment of juvenile
ofenders in Europe.9 The Committee subscribes wholeheartedly to the cardinal
principles enshrined in Articles 3 and
37.b of the Convention on the Rights of
the Child and in Rules 5 and 10 of the
European Rules for juvenile ofenders,
namely that in all action concerning
juveniles, their best interests shall be
a primary consideration and that they
should only be deprived of their liberty as
a last resort and for the shortest possible
period of time.
9. See also the 1985 United Nations Standard
Minimum Rules for the Administration of
Juvenile Justice (“Beijing Rules”), the 1990
United Nations Rules for the Protection
of Juveniles Deprived of their Liberty
(“Havana Rules”), the 1990 United Nations
Guidelines for the Prevention of Juvenile
Delinquency (“Riyadh Guidelines”) and
the 2010 Guidelines of the Committee of
Ministers of the Council of Europe on child
friendly justice.
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