Recommendation
CM/Rec(2008)11
of the Committee
of Ministers to member states
on the European
Rules for juvenile offenders subject to
sanctions or measures
(Adopted by the
Committee of Ministers on 5 November
2008
at the 1040th meeting of the Ministers’
Deputies)
The Committee of
Ministers, under the terms of Article
15.b of the Statute of the
Council of Europe,
Considering that
the aim of the Council of Europe is to
achieve a greater unity between its
members, in particular through
harmonising laws on matters of common
interest;
Having regard in
particular:
- to the
Convention for the Protection of Human
Rights and Fundamental Freedoms (ETS No.
5) and to the case law of the European
Court of Human Rights;
- to the European
Convention for the Prevention of Torture
and Inhuman or Degrading Treatment or
Punishment (ETS No. 126) and to the work
of the committee entrusted with its
implementation;
- to the United
Nations Convention on the Rights of the
Child;
Taking into
consideration:
- Recommendation
Rec(2006)2 on the European Prison
Rules;
- Recommendation
Rec(2005)5 on the rights of children
living in residential institutions;
- Recommendation
Rec(2004)10 concerning the
protection of the human rights and
dignity of persons with mental disorder;
- Recommendation
Rec(2003)20 concerning new ways of
dealing with juvenile delinquency and
the role of juvenile justice;
- Recommendation No.
R (97) 12 on staff concerned with the
implementation of sanctions or measures;
- Recommendation No.
R (92) 16 on the European rules on
community sanctions and measures;
- Recommendation No.
R (87) 20 on social reactions to
juvenile delinquency;
Taking further
into consideration:
- the United
Nations Guidelines for the Prevention of
Juvenile Delinquency (The Riyadh
Guidelines);
- the United Nations
Standard Minimum Rules for the
Administration of Juvenile Justice (The
Beijing Rules);
- the United Nations
Standard Minimum Rules for Non-custodial
Measures (The Tokyo Rules);
- the United Nations
Rules for the Protection of Juveniles
Deprived of their Liberty (The Havana
Rules);
Having regard to
the Final Declaration and Action Plan
adopted at the Third Summit of Heads of
State and Government of the Council of
Europe (Warsaw, Poland, 16-17 May 2005),
and in particular to Part III.2 of the
Action Plan entitled “Building a Europe
for children”, as well as having regard
to Resolution No. 2 adopted at the 28th
Conference of European Ministers of
Justice (Lanzarote, Spain, 25-26 October
2007);
Considering
therefore that common action at European
level is needed in order to better
protect the rights and well-being of
juveniles who enter in conflict with the
law and to develop a child-friendly
justice system in its member states;
Considering it
important in this respect that Council
of Europe member states continue to
improve, update and observe common
principles regarding their national
juvenile justice policies and practices
and enhance international co-operation
in this field,
Recommends that
governments of the member states:
- be guided in
their legislation, policies and practice
by the rules contained in the appendix
to this recommendation;
- ensure that this
recommendation and the accompanying
commentary are translated and
disseminated as widely as possible and
more specifically among judicial
authorities and the police; services
entrusted with the execution of
sanctions and measures addressing
juvenile offenders; penitentiary,
welfare and mental health institutions
holding juvenile offenders and their
staff as well as the media and the
general public.
Appendix to
Recommendation CM/Rec(2008)11
European Rules
for juvenile offenders subject to
sanctions or measures
The aim of the
present rules is to uphold the rights
and safety of juvenile offenders subject
to sanctions or measures and to promote
their physical, mental and social
well-being when subjected to community
sanctions or measures, or any form of
deprivation of liberty.
Nothing in these
rules ought to be interpreted as
precluding the application of other
relevant international human rights
instruments and standards that are more
conducive to ensuring the rights, care
and protection of juveniles.
Furthermore, the provisions of
Recommendation
Rec(2006)2 on the European Prison
Rules and of Recommendation No. R (92)
16 on the European rules on community
sanctions and measures shall be applied
to the benefit of juvenile offenders in
as far as they are not in conflict with
these rules.
Part I – Basic
principles, scope and definitions
A. Basic
principles
1. Juvenile
offenders subject to sanctions or
measures shall be treated with respect
for their human rights.
2. The sanctions
or measures that may be imposed on
juveniles, as well as the manner of
their implementation, shall be specified
by law and based on the principles of
social integration and education and of
the prevention of re-offending.
3. Sanctions and
measures shall be imposed by a court or
if imposed by another legally recognised
authority they shall be subject to
prompt judicial review. They shall be
determinate and imposed for the minimum
necessary period and only for a
legitimate purpose.
4. The minimum age
for the imposition of sanctions or
measures as a result of the commission
of an offence shall not be too low and
shall be determined by law.
5. The imposition
and implementation of sanctions or
measures shall be based on the best
interests of the juvenile offenders,
limited by the gravity of the offences
committed (principle of proportionality)
and take account of their age, physical
and mental well-being, development,
capacities and personal circumstances
(principle of individualisation) as
ascertained when necessary by
psychological, psychiatric or social
inquiry reports.
6. In order to
adapt the implementation of sanctions
and measures to the particular
circumstances of each case the
authorities responsible for the
implementation shall have a sufficient
degree of discretion without leading to
serious inequality of treatment.
7. Sanctions or
measures shall not humiliate or degrade
the juveniles subject to them.
8. Sanctions or
measures shall not be implemented in a
manner that aggravates their afflictive
character or poses an undue risk of
physical or mental harm.
9. Sanctions or
measures shall be implemented without
undue delay and only to the extent and
for the period strictly necessary
(principle of minimum intervention).
10. Deprivation of
liberty of a juvenile shall be a measure
of last resort and imposed and
implemented for the shortest period
possible. Special efforts must be
undertaken to avoid pre-trial detention.
11. Sanctions or
measures shall be imposed and
implemented without discrimination on
any ground such as sex, race, colour,
language, religion, sexual orientation,
political or other opinion, national or
social origin, association with a
national minority, property, birth or
other status (principle of
non-discrimination).
12. Mediation or
other restorative measures shall be
encouraged at all stages of dealing with
juveniles.
13. Any justice
system dealing with juveniles shall
ensure their effective participation in
the proceedings concerning the
imposition as well as the implementation
of sanctions or measures. Juveniles
shall not have fewer legal rights and
safeguards than those provided to adult
offenders by the general rules of
criminal procedure.
14. Any justice
system dealing with juveniles shall take
due account of the rights and
responsibilities of the parents and
legal guardians and shall as far as
possible involve them in the proceedings
and the execution of sanctions or
measures, except if this is not in the
best interests of the juvenile. Where
the offender is over the age of
majority, the participation of parents
and legal guardians is not compulsory.
Members of the juveniles’ extended
families and the wider community may
also be associated with the proceedings
where appropriate.
15. Any justice
system dealing with juveniles shall
follow a multi-disciplinary and
multi-agency approach and be integrated
with wider social initiatives for
juveniles in order to ensure a holistic
approach to and continuity of the care
of such juveniles (principles of
community involvement and continuous
care).
16. The juvenile’s
right to privacy shall be fully
respected at all stages of the
proceedings. The identity of juveniles
and confidential information about them
and their families shall not be conveyed
to anyone who is not authorised by law
to receive it.
17. Young adult
offenders may, where appropriate, be
regarded as juveniles and dealt with
accordingly.
18. All staff
working with juveniles perform an
important public service. Their
recruitment, special training and
conditions of work shall ensure that
they are able to provide the appropriate
standard of care to meet the distinctive
needs of juveniles and provide positive
role models for them.
19. Sufficient
resources and staffing shall be provided
to ensure that interventions in the
lives of juveniles are meaningful. Lack
of resources shall never justify the
infringement of the human rights of
juveniles.
20. The execution
of any sanction or measure shall be
subjected to regular government
inspection and independent monitoring.
B. Scope and
definitions
21. For the
purpose of these rules:
21.1. “juvenile
offender” means any person below the age
of 18 who is alleged to have or who has
committed an offence. References to
juveniles in these rules shall be
regarded as references to juvenile
offenders as defined above;
21.2. “young adult
offender” means any person between the
ages of 18 and 21 who is alleged to have
or who has committed an offence and who
is subject to these rules because he/she
falls under the provisions of Rule 17.
References to young adults in these
rules shall be regarded as references to
young adult offenders as defined above;
21.3. “offence”
means any act or omission that infringes
criminal law. For the purpose of these
rules it includes any such infringement
dealt with by a criminal court or any
other judicial or administrative
authority;
21.4. “community
sanctions or measures” means any
sanction or measure other than a
detention measure which maintains
juveniles in the community and involves
some restrictions of their liberty
through the imposition of conditions
and/or obligations, and which is
implemented by bodies designated by law
for that purpose. The term designates
any sanction imposed by a judicial or
administrative authority and any measure
taken before or instead of a decision on
a sanction, as well as ways of enforcing
a sentence of imprisonment outside a
prison establishment;
21.5. “deprivation
of liberty” means any form of placement
in an institution by decision of a
judicial or administrative authority,
from which the juvenile is not permitted
to leave at will;
21.6.
“institution” means a physical entity
under the control of public authorities,
where juveniles are living under the
supervision of staff according to formal
rules.
22. These rules
may also apply to the benefit of other
persons held in the same institutions or
settings as juvenile offenders.
Part II –
Community sanctions and measures
C. Legal
framework
23.1. A wide range
of community sanctions and measures,
adjusted to the different stages of
development of juveniles, shall be
provided at all stages of the process.
23.2. Priority
shall be given to sanctions and measures
that may have an educational impact as
well as constituting a restorative
response to the offences committed by
juveniles.
24. National law
shall specify the following
characteristics of the different
community sanctions and measures:
a. the
definition and mode of application of
all sanctions and measures applicable to
juveniles;
b. any
condition or obligation that is the
consequence of the imposition of such
sanction or measure;
c. the cases
in which the consent of the juvenile is
required before a sanction or measure
may be imposed;
d. which
authorities are responsible for the
imposition, modification and
implementation of a sanction or measure
and their respective duties and
responsibilities;
e. the grounds
and procedures applicable for the
modification of an imposed sanction or
measure; and
f. the
procedures for the regular and external
scrutiny of the work of the implementing
authorities.
25. In order to
meet the specific needs of juveniles,
national law shall set out:
a. the
obligation of any competent authority to
explain the content and the aims of the
legal provisions governing community
sanctions or measures to juvenile
offenders and, if necessary, to their
parents or legal guardians;
b. the
obligation of any competent authority to
aim at the best possible co-operation
with juvenile offenders and their
parents or legal guardians; and
c. the rights
of parents and legal guardians of
juvenile offenders who may be subject to
community sanctions or measures,
possible restrictions on their rights
and duties in regard to the imposition
and implementation of any such sanctions
and measures.
26. The decision
to impose or revoke a community sanction
or measure shall be taken by a judicial
authority or, if it is taken by an
administrative authority authorised by
law, it shall be subject to judicial
review.
27. Depending on
the progress made by the juvenile, the
competent authorities shall, when
provided for by national law, be
entitled to reduce the duration of any
sanction or measure, relax any condition
or obligation laid down in such a
sanction or measure or terminate it.
28. The rights of
juveniles to benefits in respect of
education, vocational training, physical
and mental health care, safety and
social security shall not be limited by
the imposition or implementation of
community sanctions or measures.
29. Whenever the
consent of juveniles or their parents or
legal guardians is required for the
imposition or implementation of
community sanctions or measures, such
consent shall be informed and explicit.
30.1. If juveniles
do not comply with the conditions and
obligations of the community sanctions
or measures imposed on them, this shall
not lead automatically to deprivation of
liberty. Where possible, modified or new
community sanctions or measures shall
replace the previous ones.
30.2. Failure to
comply shall not automatically
constitute an offence.
D. Conditions
of implementation and consequences of
non-compliance
D.1. Conditions
of implementation
31.1. Community
sanctions and measures shall be
implemented in a way that makes them as
meaningful as possible to juveniles and
that contributes to their educational
development and the enhancement of their
social skills.
31.2. Juveniles
shall be encouraged to discuss matters
relating to the implementation of
community sanctions and measures and to
communicate individually or collectively
with the authorities about these
matters.
32. The
implementation of community sanctions or
measures shall respect as far as
possible the existing constructive
social networks of the juveniles and the
relations to their families.
33.1. Juveniles
shall be informed, in a manner and
language they understand, as to how the
community sanction or measure imposed on
them will be implemented and about their
rights and duties in regard to its
implementation.
33.2. Juveniles
shall have the right to make oral or
written representations prior to any
formal decision concerning the
implementation of the community
sanctions or measures, as well as the
right to apply to alter the conditions
of implementation.
34.1. Individual
case records shall be established and
kept up to date by the implementing
authorities.
34.2. Case records
shall meet the following requirements:
a.
information in case records shall only
encompass matters relevant to the
community sanction or measure imposed
and its implementation;
b. juveniles
and their parents or legal guardians
shall have access to the juvenile’s case
records to the extent that it does not
infringe the rights to privacy of
others; they shall have the right to
contest the contents of the case
records;
c. information
in a case record shall only be disclosed
to those with a legal right to receive
it and any information disclosed shall
be limited to what is relevant for the
task of the authority requesting
information;
d. after the
termination of the community sanction or
measure, case records shall be destroyed
or kept in archives where access to
their contents shall be restricted by
rules providing safeguards on revealing
their content to third parties.
35. Any
information about juveniles given to
agencies which provide educational or
work placements or personal and social
assistance shall be restricted to the
purpose of the particular action under
consideration.
36.1. The
conditions under which juveniles carry
out community work or comparable duties
shall meet the standards set by general
national health and safety legislation.
36.2. The
juveniles shall be insured or
indemnified against the consequences of
accident, injury and public liability
arising as a result of implementation of
community sanctions or measures.
37. The costs of
implementation shall in principle not be
borne by the juveniles or their
families.
38. The
relationship between the staff concerned
and the juveniles shall be guided by
principles of education and development.
39.1. The
implementation of community sanctions
and measures shall be based on
individualised assessments and methods
of intervention that are consistent with
proven professional standards.
39.2. These
methods shall be developed in the light
of research findings and best practices
in social work, youth welfare and allied
fields of activity.
40. Within the
framework of a given community sanction
or measure various approaches, such as
case-work, group therapy, mentoring and
day attendance, and the specialised
treatment of various categories of
offenders shall be adopted to meet the
needs of the juveniles.
41.1 Restrictions
of liberty shall be proportionate to the
community sanction or measure, limited
by its aims and shall be placed on
juveniles only to the extent that they
are necessary for its proper
implementation.
41.2. Practical
and precise instructions shall be issued
to the staff directly responsible for
the implementation of community
sanctions or measures.
42. Wherever
possible, a continuous and long-term
relationship shall be maintained between
the staff implementing a community
sanction or measure and the juvenile,
even when the juvenile’s place of
residence, legal status or type of
intervention changes.
43.1. Special
attention shall be paid to appropriate
interventions for linguistic or ethnic
minorities and juveniles who are foreign
nationals.
43.2 In case there
is a provision to transfer the execution
of community sanctions or measures
applied to juveniles who are foreign
nationals they shall be informed of
their rights in this respect. Close
co-operation with the juvenile welfare
and justice agencies shall be
established in order to facilitate the
necessary assistance for such juveniles
immediately upon arrival in their
country of origin.
43.3. In
exceptional cases where juveniles who
are foreign nationals are to be expelled
to their countries of origin after the
execution of the community sanctions or
measures, efforts shall be made to
establish contacts with social welfare
authorities in their countries of
origin, in so far as such contacts are
in the best interest of the juveniles
concerned.
44. Juveniles
shall be encouraged to make reparation
to the best of their ability for any
damage or negative effects caused by the
offence, in so far as such reparation is
within the scope of the community
sanctions or measures to which they are
subject.
45. Community work
shall not be undertaken for the sole
purpose of making a profit.
D.2.
Consequences of non-compliance
46. Juveniles and
their parents or legal guardians shall
be informed of the consequences of
non-compliance with the conditions and
obligations of community sanctions or
measures and the rules under which
allegations of non-compliance will be
considered.
47.1. The
procedures to be followed by the
authorities reporting or deciding on
non-compliance with the requirements of
the community sanctions or measures
shall be defined clearly.
47.2. Minor
transgressions shall be noted in the
individual case file but need not be
reported to the authority deciding on
non-compliance, unless national law
requires that this be done. Such
transgressions may be promptly dealt
with by discretionary means.
47.3. Significant
failure to comply with the requirements
shall be promptly reported in writing to
the authority deciding on
non-compliance.
47.4. Such reports
shall give a detailed account of the
manner in which the non-compliance
occurred, the circumstances in which it
took place and the personal situation of
the juvenile.
48.1. The
authority responsible for deciding on
non-compliance shall only give a ruling
on the modification or the partial or
total revocation of a community sanction
or measure after making a detailed
examination of the facts reported to it.
48.2. If
necessary, psychological or psychiatric
assessments or observations, as well as
social inquiry reports shall be
requested.
48.3. The
authority shall ensure that juveniles
and, where appropriate, their parents or
legal guardians have the opportunity to
examine the evidence of non-compliance
on which the request for modification or
revocation is based and to present their
comments.
48.4. Where the
revocation or modification of a
community sanction or measure is being
considered, due account shall be taken
of the extent to which the juvenile has
already fulfilled the requirements of
the initial sanction or measure in order
to ensure that a new or modified
sanction or measure is still
proportionate to the offence.
48.5. If as a
result of non-compliance an authority
other than a court revokes or modifies a
community sanction or measure, its
decision shall be subject to judicial
review.
Part III –
Deprivation of liberty
E. General part
E.1. Overall
approach
49.1. Deprivation
of liberty shall be implemented only for
the purpose for which it is imposed and
in a manner that does not aggravate the
suffering inherent to it.
49.2. Deprivation
of liberty of juveniles shall provide
for the possibility of early release.
50.1. Juveniles
deprived of their liberty shall be
guaranteed a variety of meaningful
activities and interventions according
to an individual overall plan that aims
at progression through less restrictive
regimes and preparation for release and
reintegration into society. These
activities and interventions shall
foster their physical and mental health,
self-respect and sense of responsibility
and develop attitudes and skills that
will prevent them from re-offending.
50.2. Juveniles
shall be encouraged to take part in such
activities and interventions.
50.3. Juveniles
deprived of their liberty shall be
encouraged to discuss matters relating
to general conditions and regime
activities in institutions and to
communicate individually or, where
applicable, collectively with
authorities about these matters.
51. In order to
guarantee the continuity of care,
juveniles shall be assisted, from the
beginning of and throughout any period
of deprivation of liberty, by the
agencies that may be responsible for
them after release.
52.1. As juveniles
deprived of their liberty are highly
vulnerable, the authorities shall
protect their physical and mental
integrity and foster their well-being.
52.2. Particular
care shall be taken of the needs of
juveniles who have experienced physical,
mental or sexual abuse.
E.2.
Institutional structure
53.1. Institutions
or sections of institutions shall
provide a range of facilities to meet
the individual needs of the juveniles
held there and the specific purpose of
their committal.
53.2. Such
institutions shall provide conditions
with the least restrictive security and
control arrangements necessary to
protect juveniles from harming
themselves, staff, others or the wider
community.
53.3. Life in an
institution shall approximate as closely
as possible the positive aspects of life
in the community.
53.4. The number
of juveniles in an institution shall be
small enough to enable individualised
care. Institutions shall be organised
into small living units.
53.5. Juvenile
institutions shall be located in places
that are easy to access and facilitate
contact between the juveniles and their
families. They should be established and
integrated into the social, economic and
cultural environment of the community.
E.3. Placement
54. The placement
of different categories of juveniles in
institutions shall be guided in
particular by the provision of the type
of care best suited to their particular
needs and the protection of their
physical and mental integrity and
well-being.
55. Juveniles
shall be placed, as far as possible, in
institutions easily accessible from
their homes or places of social
reintegration.
56. Juveniles
deprived of liberty shall be sent to
institutions with the least restrictive
level of security to hold them safely.
57. Juveniles who
are suffering from mental illness and
who are to be deprived of their liberty
shall be held in mental health
institutions.
58. As far as
possible, juveniles, and where
practicable their parents or legal
guardians, shall be consulted about the
initial placement and any subsequent
transfer from one institution to
another.
59.1. Juveniles
shall not be held in institutions for
adults, but in institutions specially
designed for them. If juveniles are
nevertheless exceptionally held in an
institution for adults, they shall be
accommodated separately unless in
individual cases where it is in their
best interest not to do so. In all
cases, these rules shall apply to them.
59.2. Exceptions
may have to be made to the requirements
for separate detention in terms of
sub-paragraph 1 in order to allow
juveniles to participate jointly in
organised activities with persons in
institutions for adults.
59.3. Juveniles
who reach the age of majority and young
adults dealt with as if they were
juveniles shall normally be held in
institutions for juvenile offenders or
in specialised institutions for young
adults unless their social reintegration
can be better effected in an institution
for adults.
60. Male and
female juveniles shall normally be held
in separate institutions or units within
an institution. Separation between male
and female juveniles need not be applied
in welfare or mental health
institutions. Even where male and female
juveniles are held separately, they
shall be allowed to participate jointly
in organised activities.
61. Within
institutions there shall be an
appropriate assessment system in order
to place juveniles according to their
educational, developmental and safety
needs.
E.4. Admission
62.1. No juvenile
shall be admitted to or held in an
institution without a valid commitment
order.
62.2. At
admission, the following details shall
be recorded immediately concerning each
juvenile:
a.
information concerning the identity of
the juvenile and his or her parents or
legal guardians;
b. the reasons
for commitment and the authority
responsible for it;
c. the date
and time of admission;
d. an
inventory of the personal property of
the juvenile that is to be held in
safekeeping;
e. any visible
injuries and allegations of prior
ill-treatment;
f. any
information and any report about the
juvenile’s past and his or her
educational and welfare needs; and
g. subject to
the requirements of medical
confidentiality, any information about
the juvenile’s risk of self-harm or a
health condition that is relevant to the
physical and mental well-being of the
juvenile or to that of others.
62.3. At
admission, the rules of the institution
and the rights and obligations of the
juvenile shall be explained in a
language and manner that the juvenile
understands.
62.4. Notification
of the placement of the juvenile,
information on the rules governing the
institution and any other relevant
information shall be given immediately
to the juvenile’s parents or legal
guardians.
62.5. As soon as
possible after admission, the juvenile
shall be medically examined, a medical
record shall be opened and treatment of
any illness or injury shall be
initiated.
62.6. As soon as
possible after admission:
a. the
juvenile shall be interviewed and a
first psychological, educational and
social report identifying any factors
relevant to the specific type and level
of care and intervention shall be made;
b. the
appropriate level of security for the
juvenile shall be established and if
necessary alterations shall be made to
the initial placement;
c. save in the
case of very short periods of
deprivation of liberty, an overall plan
of educational and training programmes
in accordance with the individual
characteristics of the juvenile shall be
developed and the implementation of such
programmes shall begin; and
d. the views
of the juvenile shall be taken into
account when developing such programmes.
E.5.
Accommodation
63.1. The
accommodation provided for juveniles,
and in particular all sleeping
accommodation, shall respect human
dignity and, as far as possible,
privacy, and meet the requirements of
health and hygiene, due regard being
paid to climatic conditions and
especially to floor space, cubic content
of air, lighting, heating and
ventilation. Specific minimum
requirements in respect of these matters
shall be set in national law.
63.2. Juveniles
shall normally be accommodated during
the night in individual bedrooms, except
where it is preferable for them to share
sleeping accommodation. Accommodation
shall only be shared if it is
appropriate for this purpose and shall
be occupied by juveniles suitable to
associate with each other. Juveniles
shall be consulted before being required
to share sleeping accommodation and may
indicate with whom they would wish to
share.
64. There shall be
regular, unobtrusive supervision by
staff of all accommodation, particularly
during the night in order to ensure the
protection of each juvenile. There shall
also be an effective alarm system that
can be used in case of emergencies.
E.6. Hygiene
65.1. All parts of
every institution shall be properly
maintained and kept clean at all times.
65.2. Juveniles
shall have ready access to sanitary
facilities that are hygienic and respect
privacy.
65.3. Adequate
facilities shall be provided so that
juveniles may have a bath or shower
daily if possible, at a temperature
suitable to the climate.
65.4. Juveniles
shall keep their persons, clothing and
sleeping accommodation clean and tidy
and the authorities shall teach them to
do so and provide them with the means
for it.
E.7. Clothing
and bedding
66.1. Juveniles
shall be allowed to wear their own
clothing provided that it is suitable.
66.2. Juveniles
who do not have sufficient suitable
clothing of their own shall be provided
with such clothing by the institution.
66.3 Suitable
clothing is clothing that is not
degrading or humiliating and is adequate
for the climate and does not pose a risk
to security or safety.
66.4. Juveniles
who obtain permission to go outside the
institution shall not be required to
wear clothing that identifies them as
persons deprived of their liberty.
67. Every juvenile
shall be provided with a separate bed
and separate and appropriate bedding,
which shall be kept in good order and
changed often enough to ensure its
cleanliness.
E.8. Nutrition
68.1. Juveniles
shall be provided with a nutritious diet
that takes into account their age,
health, physical condition, religion,
culture and the activities that they
undertake in the institution.
68.2. Food shall
be prepared and served hygienically in
three meals a day with reasonable
intervals between them.
68.3. Clean
drinking water shall be available to
juveniles at all times.
68.4. Where
appropriate, juveniles shall be given
the opportunity to cater for themselves.
E.9. Health
69.1. The
provisions contained in international
instruments on medical care for the
physical and mental health of adult
detainees are applicable also to
juveniles deprived of their liberty.
69.2. The health
of juveniles deprived of their liberty
shall be safeguarded according to
recognised medical standards applicable
to juveniles in the wider community.
70.1. Particular
attention should be paid to dealing with
health hazards linked to deprivation of
liberty.
70.2. Special
policies shall be developed and
implemented to prevent suicide and
self-harm by juveniles, particularly
during their initial detention,
segregation and other recognised high
risk periods.
71. Juveniles
shall be given preventive health care
and health education.
72.1. Medical
interventions, including the use of
medication, shall be made only on
medical grounds and not for purposes of
maintaining good order or as a form of
punishment. The same ethical principles
and principles of consent governing
medical interventions in free society
shall be applied. A record shall be kept
of any medical treatment or any drugs
administered.
72.2. Juveniles
deprived of their liberty shall never be
subject to experimental use of drugs or
treatment.
73. Particular
attention shall be paid to the needs of:
a. younger
juveniles;
b. pregnant
girls and mothers with infant children;
c. drug
addicts and alcoholics;
d. juveniles
with physical and mental health
problems;
e. juveniles
who exceptionally are deprived of their
liberty for long periods;
f. juveniles
who have experienced physical, mental or
sexual abuse;
g. socially
isolated juveniles; and
h. other
particularly vulnerable offender groups.
74.1. Health-care
services offered to juveniles shall form
an integral part of a multidisciplinary
programme of care.
74.2. In order to
provide a seamless web of support and
therapy and without prejudice to
professional confidentiality and the
role of each profession, the work of
doctors and nurses shall be closely
co-ordinated with social workers,
psychologists, teachers, other
professionals and staff, who have
regular contact with juvenile offenders.
75. Health care in
juvenile institutions shall not be
limited to treating sick patients, but
shall extend to social and preventive
medicine and the supervision of
nutrition.
E.10. Regime
activities
76.1 All
interventions shall be designed to
promote the development of juveniles,
who shall be actively encouraged to
participate in them.
76.2. These
interventions shall endeavour to meet
the individual needs of juveniles in
accordance with their age, gender,
social and cultural background, stage of
development and type of offence
committed. They shall be consistent with
proven professional standards based on
research findings and best practices in
the field.
77. Regime
activities shall aim at education,
personal and social development,
vocational training, rehabilitation and
preparation for release. These may
include:
a.
schooling;
b. vocational
training;
c. work and
occupational therapy;
d. citizenship
training;
e. social
skills and competence training;
f.
aggression-management;
g. addiction
therapy;
h. individual
and group therapy;
i. physical
education and sport;
j. tertiary or
further education;
k. debt
regulation;
l. programmes
of restorative justice and making
reparation for the offence;
m. creative
leisure time activities and hobbies;
n. activities
outside the institution in the
community, day leave and other forms of
leave; and
o. preparation
for release and aftercare.
78.1. Schooling
and vocational training, and where
appropriate treatment interventions,
shall be given priority over work.
78.2. As far as
possible arrangements shall be made for
juveniles to attend local schools and
training centres and other activities in
the community.
78.3. Where it is
not possible for juveniles to attend
local schools or training centres
outside the institution, education and
training shall take place within the
institution, but under the auspices of
external educational and vocational
training agencies.
78.4. Juveniles
shall be enabled to continue their
schooling or vocational training while
in detention and those who have not
completed their compulsory schooling may
be obliged to do so.
78.5. Juveniles in
detention shall be integrated into the
educational and vocational training
system of the country so that after
their release they may continue their
education and vocational training
without difficulty.
79.1. An
individual plan shall be drawn up based
on the activities in Rule 77 listing
those in which the juvenile shall
participate.
79.2. The
objective of this plan shall be to
enable juveniles from the outset of
their detention to make the best use of
their time and to develop skills and
competences that enable them to
reintegrate into society.
79.3. The plan
shall be oriented towards preparing
juveniles to be released as early as
possible and give an indication of
appropriate post-release measures.
79.4. The plan
shall be implemented and updated
regularly with the participation of the
juveniles, the outside agencies
concerned and as far as possible their
parents or legal guardians.
80.1. The regime
shall allow all juveniles to spend as
many hours a day outside their sleeping
accommodation as are necessary for an
adequate level of social interaction.
Such a period shall be preferably at
least eight hours a day.
80.2. The
institution shall also provide
meaningful activities on weekends and
holidays.
81. All juveniles
deprived of their liberty shall be
allowed to exercise regularly for at
least two hours every day, of which at
least one hour shall be in the open air,
if the weather permits.
82.1. The
institution shall provide sufficient
work for juveniles which is stimulating
and of educational value.
82.2. Work shall
be adequately rewarded.
82.3. When
juveniles participate in regime
activities during work time they shall
be rewarded in the same way as if they
were working.
82.4. Juveniles
shall receive adequate social security
coverage similar to that provided in
free society.
E.11. Contact
with the outside world
83. Juveniles
shall be allowed to communicate through
letters, without restriction as to their
number and as often as possible by
telephone or other forms of
communication with their families, other
persons and representatives of outside
organisations and to receive regular
visits from these persons.
84. Arrangements
for visits shall be such as to allow
juveniles to maintain and develop family
relationships in as normal a manner as
possible and have opportunities for
social reintegration.
85.1.
Institutional authorities shall assist
juveniles in maintaining adequate
contact with the outside world and
provide them with the appropriate means
to do so.
85.2.
Communication and visits may be subject
to restrictions and monitoring necessary
for the requirements of continuing
criminal investigations, maintenance of
good order, safety and security,
prevention of criminal offences and
protection of victims of crime, but such
restrictions, including specific
restrictions ordered by a judicial
authority, shall nevertheless allow an
acceptable minimum level of contact.
85.3. Any
information received of the death or
serious illness of any near relative
shall be promptly communicated to the
juvenile.
86.1. As part of
the normal regime, juveniles shall be
allowed regular periods of leave, either
escorted or alone. In addition,
juveniles shall be allowed to leave the
institution for humanitarian reasons.
86.2. If regular
periods of leave are not practicable,
provision shall be made for additional
or long-term visits by family members or
other persons who can make a positive
contribution to the development of the
juvenile.
E.12. Freedom
of thought, conscience and religion
87.1. Juveniles’
freedom of thought, conscience and
religion shall be respected.
87.2. The
institutional regimen shall be organised
so far as is practicable to allow
juveniles to practise their religion and
follow their beliefs, to attend services
or meetings led by approved
representatives of such religion or
beliefs, to receive visits in private
from such representatives of their
religion or beliefs and to have in their
possession books or literature relating
to their religion or beliefs.
87.3. Juveniles
may not be compelled to practise a
religion, follow a belief, attend
religious services or meetings, take
part in religious practices or to accept
a visit from a representative of any
religion or belief.
E.13. Good
order
E.13.1. General
approach
88.1. Good order
shall be maintained by creating a safe
and secure environment in which the
dignity and physical integrity of the
juveniles are respected and their
primary developmental goals are met.
88.2. Particular
attention shall be paid to protecting
vulnerable juveniles and to preventing
victimisation.
88.3. Staff shall
develop a dynamic approach to safety and
security which builds on positive
relationships with juveniles in the
institutions.
88.4. Juveniles
shall be encouraged to commit themselves
individually and collectively to the
maintenance of good order in the
institution.
E.13.2.
Searching
89.1. There shall
be detailed procedures regarding
searching of juveniles, staff, visitors
and premises. The situations when such
searches are necessary and their nature
shall be defined by national law.
89.2. Searches
shall respect the dignity of juveniles
concerned and as far as possible their
privacy. Juveniles shall be searched by
staff of the same gender. Related
intimate examinations must be justified
by reasonable suspicion in an individual
case and shall be conducted by a medical
practitioner only.
89.3. Visitors
shall only be searched if there is a
reasonable suspicion that they may have
something in their possession that
threatens the safety and security of the
institution.
89.4. Staff shall
be trained to carry out searches
effectively, while at the same time
respecting the dignity of those being
searched and their personal possessions.
E.13.3. Use of
force, physical restraint and weapons
90.1. Staff shall
not use force against juveniles except,
as a last resort, in self-defence or in
cases of attempted escape, physical
resistance to a lawful order, direct
risk of self-harm, harm to others or
serious damage to property.
90.2. The amount
of force used shall be the minimum
necessary and be applied for the
shortest time necessary.
90.3. Staff who
deal directly with juveniles shall be
trained in techniques that enable the
minimal use of force in the restraint of
aggressive behaviour.
90.4. There shall
be detailed procedures concerning the
use of force, including stipulations on:
a. the
various types of force that may be used;
b. the
circumstances in which each type of
force may be used;
c. the members
of staff who are entitled to use
different types of force;
d. the level
of authority required before any force
is used;
e. the reports
that must be completed once force has
been used; and
f. the process
for reviewing the above reports.
91.1. Handcuffs or
restraint jackets shall not be used
except when less intensive forms of the
use of force have failed. Handcuffs may
also be used if essential as a
precaution against violent behaviour or
escape during a transfer. They shall be
removed when a juvenile appears before a
judicial or administrative authority
unless that authority decides otherwise.
91.2. Instruments
of restraint shall not be applied for
any longer time than is strictly
necessary. The use of chains and irons
shall be prohibited.
91.3. The manner
of use of instruments of restraint shall
be specified in national law.
91.4. Isolation in
a calming down cell as a means of
temporary restraint shall only be used
exceptionally and only for a few hours
and in any case shall not exceed
twenty-four hours. A medical
practitioner shall be informed of such
isolation and given immediate access to
the juvenile concerned.
92. Staff in
institutions in which juveniles are
deprived of their liberty shall not be
allowed to carry weapons unless an
operational emergency so requires. The
carrying and use of lethal weapons in
welfare and mental health institutions
is prohibited.
E.13.4.
Separation for security and safety
reasons
93.1. If in very
exceptional cases a particular juvenile
needs to be separated from the others
for security or safety reasons, this
shall be decided by the competent
authority on the basis of clear
procedures laid down in national law,
specifying the nature of the separation,
its maximum duration and the grounds on
which it may be imposed.
93.2 Such
separation shall be subject to regular
review. In addition, the juvenile may
lodge a complaint in terms of Rule 121
about any aspect of such separation. A
medical practitioner shall be informed
of such separation and given immediate
access to the juvenile concerned.
E.13.5.
Discipline and punishment
94.1. Disciplinary
procedures shall be mechanisms of last
resort. Restorative conflict resolution
and educational interaction with the aim
of norm validation shall be given
priority over formal disciplinary
hearings and punishments.
94.2. Only conduct
likely to constitute a threat to good
order, safety or security may be defined
as a disciplinary offence.
94.3. National law
shall determine the acts or omissions
that constitute disciplinary offences,
the procedures to be followed at
disciplinary hearings, the types and
duration of punishment that may be
imposed, the authority competent to
impose such punishment and the appellate
process.
94.4. Juveniles
charged with disciplinary offences must
be informed promptly and in a manner and
language they understand of the nature
of the accusation against them and be
given adequate time and facilities to
prepare their defence; be allowed to
defend themselves in person or with the
assistance of their parents or legal
guardians or, when the interests of
justice so require, through legal
assistance.
95.1. Disciplinary
punishments shall be selected, as far as
possible, for their educational impact.
They shall not be heavier than justified
by the seriousness of the offence.
95.2. Collective
punishment, corporal punishment,
punishment by placing in a dark cell,
and all other forms of inhuman and
degrading punishment shall be
prohibited.
95.3. Solitary
confinement in a punishment cell shall
not be imposed on juveniles.
95.4. Segregation
for disciplinary purposes shall only be
imposed in exceptional cases where other
sanctions would not be effective. Such
segregation shall be for a specified
period of time, which shall be as short
as possible. The regime during such
segregation shall provide appropriate
human contact, grant access to reading
material and offer at least one hour of
outdoor exercise every day if the
weather permits.
95.5. A medical
practitioner shall be informed of such
segregation and given access to the
juvenile concerned.
95.6. Disciplinary
punishment shall not include a
restriction on family contacts or visits
unless the disciplinary offence relates
to such contacts or visits.
95.7. Exercise
under the terms of Rule 81 shall not be
restricted as part of a disciplinary
punishment.
E.14. Transfer
between institutions
96. Juveniles
shall be transferred when the initial
criteria for placing them or the further
promotion of reintegration into society
can be met more effectively in another
institution or when serious security and
safety risks make such a transfer
essential.
97. Juveniles
shall not be transferred as a
disciplinary measure.
98. A juvenile may
be transferred from one type of
institution to another if prescribed by
law and if ordered by a judicial or
administrative authority after an
appropriate inquiry has been conducted.
99.1. All relevant
information and data relating to the
juvenile shall be transferred in order
to ensure continuity of care.
99.2. The
conditions under which juveniles are
transported shall meet the requirements
of humane detention.
99.3. The
anonymity and privacy of the juveniles
being transported shall be respected.
E.15.
Preparation for release
100.1. All
juveniles deprived of their liberty
shall be assisted in making the
transition to life in the community.
100.2. All
juveniles whose guilt has been
determined shall be prepared for release
by special forms of interventions.
100.3. Such
interventions shall be included in the
individual plan under the terms of Rule
79.1 and shall be implemented in good
time prior to release.
101.1. Steps shall
be taken to ensure a gradual return of
the juvenile to life in free society.
101.2. Such steps
should include additional leave, and
partial or conditional release combined
with effective social support.
102.1. From the
beginning of the deprivation of liberty
the institutional authorities and the
services and agencies that supervise and
assist released juveniles shall work
closely together to enable them to
re-establish themselves in the
community, for example by:
a.
assisting in returning to their family
or finding a foster family and helping
them develop other social relationships;
b. finding
accommodation;
c. continuing
their education and training;
d. finding
employment;
e. referring
them to appropriate social and
health-care agencies; and
f. providing
monetary assistance.
102.2.
Representatives of such services and
agencies shall be given access to
juveniles in institutions to assist them
with preparation for release.
102.3. These
services and agencies shall be obliged
to provide effective and timely
pre-release assistance before the
envisaged dates of release.
103. Where
juveniles are released conditionally,
the implementation of such conditional
release shall be subject to the same
principles that guide the implementation
of community sanctions and measures in
terms of these rules.
E.16. Foreign
nationals
104.1 Juveniles
who are foreign nationals and who are to
remain in the country in which they are
held shall be treated in the same way as
other juveniles.
104.2 As long as a
definite decision is not yet taken on
whether to transfer foreign juveniles to
their country of origin, they shall be
treated in the same way as other
juveniles.
104.3. If it has
been decided to transfer them, they
shall be prepared for reintegration in
their countries of origin. Where
possible there should be close
co-operation with the juvenile welfare
and justice agencies in order to
guarantee the necessary assistance for
such juveniles immediately upon arrival
in their country of origin.
104.4. Juveniles
who are foreign nationals shall be
informed of the possibilities of
requesting that the execution of their
deprivation of liberty take place in
their country of origin.
104.5. Juveniles
who are foreign nationals shall be
allowed extended visits or other forms
of contacts with the outside world where
this is necessary to compensate for
their social isolation.
105.1. Juveniles
who are foreign nationals and are held
in institutions shall be informed,
without delay, of their right to request
contact and be allowed reasonable
facilities to communicate with the
diplomatic or consular representative of
their state.
105.2. Such
juveniles who are nationals of states
without diplomatic or consular
representation in the country and
refugees or stateless persons shall be
allowed similar facilities to
communicate with the diplomatic
representative of the state which takes
charge of their interests or the
national or international authority
whose task it is to serve the interests
of such persons.
105.3.
Institutional and welfare authorities
shall co-operate fully with diplomatic
or consular officials representing such
juveniles in order to meet their special
needs.
105.4. In
addition, foreign juveniles facing
expulsion shall be provided with legal
advice and assistance in this regard.
E.17. Ethnic
and linguistic minorities in
institutions
106.1. Special
arrangements shall be made to meet the
needs of juveniles who belong to ethnic
or linguistic minorities in
institutions.
106.2. As far as
practicable, the cultural practices of
different groups shall be allowed to
continue in the institution.
106.3. Linguistic
needs shall be met by using competent
interpreters and by providing written
material in the range of languages used
in a particular institution.
106.4. Special
steps shall be taken to offer language
courses to juveniles who are not
proficient in the official language.
E.18. Juveniles
with disabilities
107.1. Juveniles
with disabilities should be detained in
ordinary institutions in which the
accommodation has been adapted to meet
their needs.
107.2. Juveniles
with disabilities whose needs cannot be
accommodated in ordinary institutions
shall be transferred to specialised
institutions where these needs can be
met.
F. Special Part
F.1. Police
custody, pre-trial detention, and other
forms of deprivation of liberty prior to
sentencing
108. All detained
juvenile offenders whose guilt has not
been determined by a court shall be
presumed innocent of an offence and the
regime to which they are subject shall
not be influenced by the possibility
that they may be convicted of an offence
in the future.
109. The
particular vulnerability of juveniles
during the initial period of detention
shall be taken into consideration to
ensure that they are treated with full
respect for their dignity and personal
integrity at all times.
110. In order to
guarantee the through care for such
juveniles, they shall be assisted
immediately by the agencies that will be
responsible for them after their release
or while they are subject to custodial
or non-custodial sanctions or measures
in the future.
111. The liberty
of such juveniles may be restricted only
to the extent justified by the purpose
of their detention.
112. Such
juveniles shall not be compelled to work
or take part in any interventions or
activities which juveniles in the
community cannot be compelled to
undertake.
113.1. A range of
interventions and activities shall be
available to detained juveniles whose
guilt has not been determined.
113.2. If such
juveniles request to participate in
interventions for juveniles whose guilt
has been determined, they shall, if
possible, be allowed to do so.
F.2. Welfare
institutions
114. Welfare
institutions are primarily open
institutions and shall provide closed
accommodation only in exceptional cases
and for the shortest period possible.
115. All welfare
institutions shall be accredited and
registered with the competent public
authorities and shall provide care
meeting the required national standards.
116. Juvenile
offenders who are integrated with other
juveniles in welfare institutions shall
be treated in the same way as such
juveniles.
F.3. Mental
health institutions
117. Juvenile
offenders in mental health institutions
shall receive the same general treatment
as other juveniles in such institutions
and the same regime activities as other
juveniles deprived of their liberty.
118. Treatment for
mental health problems in such
institutions shall be determined on
medical grounds only, shall follow the
recognised and accredited national
standards prescribed for mental health
institutions and shall be governed by
the principles contained in the relevant
international instruments.
119. In mental
health institutions safety and security
standards for juvenile offenders shall
be determined primarily on medical
grounds.
Part IV – Legal
advice and assistance
120.1. Juveniles
and their parents or legal guardians are
entitled to legal advice and assistance
in all matters related to the imposition
and implementation of sanctions or
measures.
120.2. The
competent authorities shall provide
juveniles with reasonable facilities for
gaining effective and confidential
access to such advice and assistance,
including unrestricted and unsupervised
visits by legal advisors.
120.3. The state
shall provide free legal aid to
juveniles, their parents or legal
guardians when the interests of justice
so require.
Part V –
Complaints procedures. Inspection and
monitoring
G. Complaints
procedures
121. Juveniles and
their parents or guardians shall have
ample opportunity to make requests or
complaints to the authority responsible
for the institution where they are held
or for the community sanction or measure
to which they are subject.
122.1. Procedures
for making requests or complaints shall
be simple and effective. Decisions on
such requests or complaints shall be
taken promptly.
122.2. Mediation
and restorative conflict resolution
shall be given priority as means of
resolving complaints or meeting
requests.
122.3. If a
request is denied or a complaint is
rejected, reasons shall be provided to
the juvenile and, where applicable, to
the parent or legal guardian who made
it. The juvenile or, where applicable,
the parent or legal guardian shall have
the right to appeal to an independent
and impartial authority.
122.4. Such
appellate process is to be conducted by
this authority:
a. in a way
that is sensitive to juveniles and their
needs and concerns;
b. by persons
who have an understanding of juvenile
matters; and
c. at a place
as near as possible to the institution
where the juvenile is held or where the
community sanctions or measures to which
the juvenile is subject are being
implemented.
122.5. Even where
the initial complaint or request or the
subsequent appellate process is
primarily in writing, there shall be a
possibility for the juvenile to be heard
in person.
123. Juveniles
shall not be punished for having made a
request or lodged a complaint.
124. Juveniles and
their parents or legal guardians are
entitled to seek legal advice about
complaints and appeal procedures and to
benefit from legal assistance when the
interests of justice so require.
H. Inspection
and monitoring
125. Institutions
in which juveniles are deprived of their
liberty and authorities implementing
community sanctions and measures shall
be inspected regularly by a governmental
agency in order to assess whether they
are operating in accordance with the
requirements of national and
international law, and the provisions of
these rules.
126.1. The
conditions in such institutions and the
treatment of juveniles deprived of their
liberty or subject to community
sanctions or measures shall be monitored
by an independent body or bodies, to
which the juveniles shall have
confidential access, and whose findings
shall be made public.
126.2. In such
independent monitoring particular
attention shall be paid to the use of
force, restraints, disciplinary
punishments and other particularly
restrictive forms of treatment.
126.3. All
instances of death or serious injury of
juveniles shall be investigated
promptly, vigorously and independently.
126.4. Such
independent monitoring bodies shall be
encouraged to co-operate with those
international agencies that are legally
entitled to visit institutions in which
juveniles are deprived of liberty.
Part VI – Staff
127.1. A
comprehensive policy concerning the
staff responsible for the implementation
of community sanctions and measures and
the deprivation of liberty of juveniles
shall be laid down in a formal document
covering recruitment, selection,
training, status, management
responsibilities and conditions of work.
127.2. This policy
shall also specify the fundamental
ethical standards to be adopted by the
staff dealing with such juveniles and
focus on the juvenile target group to be
dealt with. It shall also provide for an
effective mechanism to deal with
violations of ethical and professional
standards.
128.1. There shall
be special recruitment and selection
procedures for staff dealing with
juveniles, taking into consideration the
qualities of character and the
professional qualifications necessary to
work with juveniles and their families.
128.2. Recruitment
and selection procedures shall be
explicit, clear, fair and
non-discriminatory.
128.3. Staff
recruitment and selection shall take
into account the need to employ men and
women with the skills necessary to deal
with the language and cultural
diversities of the juveniles for whom
they are responsible.
129.1. Staff
responsible for the implementation of
community sanctions and measures and the
deprivation of liberty of juveniles
shall have adequate initial training,
dealing with theoretical and practical
aspects of their work, and be given
guidance that will enable them to have a
realistic understanding of their
particular field of activity, their
practical duties and the ethical
requirements of their work.
129.2. The
professional competence of staff shall
be regularly reinforced and developed
through further in-service training,
supervision and performance reviews and
appraisals.
129.3. The
training shall focus on:
a. ethics
and basic values of the profession
concerned;
b. national
safeguards and international instruments
on children’s rights and protection of
juveniles against unacceptable
treatment;
c. juvenile
and family law, psychology of
development, social and educational work
with juveniles;
d. instruction
of staff on how to guide and motivate
the juveniles, to gain their respect,
and to provide juveniles with a positive
role model and perspective;
e. the
establishment and maintenance of a
professional relationship with the
juveniles and their families;
f. proven
methods of intervention and good
practices;
g. methods of
dealing with the diversity of the
juveniles concerned; and
h. ways of
co-operating in multidisciplinary teams
as well as with other institutions
involved in the treatment of individual
juveniles.
130. The staff
concerned with the implementation of
community sanctions and measures and the
deprivation of liberty of juveniles
shall be sufficiently numerous to carry
out their various duties effectively and
shall include a sufficient range of
specialists to meet the needs of the
juveniles in their care.
131.1. Staff
should normally be employed on a
permanent basis.
131.2. Suitable
volunteer workers shall be encouraged to
contribute to activities with juveniles.
131.3. The
authority responsible for implementing
sanctions or measures remains
accountable for ensuring that the
requirements of the present rules are
met even where other organisations or
individuals are involved in the process
of implementation, whether they are paid
for their services or not.
132. Staff shall
be employed in a way that ensures
continuity in the treatment of
juveniles.
133. Staff working
with juveniles shall have appropriate
conditions of work and pay that are
commensurate with the nature of their
work and comparable to the conditions of
others employed in similar professional
activities.
134.1. In order to
enhance effective co-operation between
staff working with juveniles in the
community and in custodial settings, the
possibility for those two groups to be
seconded or to undertake training to
work in the other setting shall be
encouraged.
134.2. Budgetary
constraints shall never lead to the
secondment of persons who lack the
necessary qualifications.
Part VII –
Evaluation, research, work with the
media and the public
I. Evaluation
and research
135. Sanctions and
measures designed for juveniles are to
be developed on the basis of research
and scientific evaluation.
136.1. For this
purpose, comparative data shall be
collected that allow the success and
failure of both residential and
community sanctions and measures to be
evaluated. Such evaluation shall pay
attention to recidivism rates and their
causes.
136.2. Data shall
also be collected on the personal and
social circumstances of juveniles and on
the conditions in institutions where
juveniles may be held.
136.3. The
authorities shall be responsible for the
collection and collation of statistical
data in a way that would allow regional
and other comparisons.
137.
Criminological research on all aspects
of the treatment of juveniles by
independent bodies shall be fostered by
the provision of financial support and
access to data and institutions.
Research findings shall be published,
also when commissioned by national
authorities.
138. Research
shall respect the privacy of juveniles
and meet the standards of national and
international data protection law.
J. Work with
the media and the public
139.1. The media
and the public shall be provided
regularly with factual information about
conditions in institutions for the
deprivation of liberty of juveniles and
of the steps taken to implement
community sanctions and measures for
juveniles.
139.2. The media
and the public shall be informed about
the purpose of community sanctions and
measures and the deprivation of liberty
of juveniles, as well of the work of the
staff implementing these, in order to
encourage a better understanding of the
role of such sanctions or measures in
society.
140. The
responsible authorities shall be
encouraged to publish regular reports on
developments in institutions for
juveniles and of the implementation of
community sanctions and measures.
141. The media and
members of the public with a
professional interest in matters
concerning juveniles shall be given
access to institutions where juveniles
are held, provided that the privacy and
other rights of such juveniles are
protected.
Part VIII –
Updating the rules
142. These rules
shall be updated regularly.