Juvenile justice standards
International law establishes a framework of standards that must be applied to every child who comes in contact with the law. These juvenile justice standards are drawn from international humanitarian law (IHL) and international human rights law (IHRL). In cases where treaty provisions lack practical detail, attention is drawn to authoritative General Comments and Concluding Observations issued by the UN treaty monitoring bodies responsible for the implementation of the human rights conventions, and to relevant minimum standards adopted by the General Assembly for guidance.[1] These are the minimum standards that should be applied to every child in all cases and without discrimination.
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Description
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International standard
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Source
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Minimum age of criminal responsibility
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12-14 years
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2.
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Age of majority
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18 years
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Arrest and interrogation
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3.
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Notification and reasons for arrest.
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Children should be given reasons at the time of arrest and the parents, or legal guardian, informed of the arrest, within the shortest possible time thereafter.
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4.
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Instruments of restraint.
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Only if the child poses an imminent threat to him or herself, or to others and all other means have been exhausted, and as a precaution against escape during transfer and only for as long as is strictly necessary.
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5.
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Transfer of prisoners.
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Unnecessary physical hardship is prohibited.
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6.
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Torture and other cruel, inhuman or degrading treatment or punishment
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Absolute prohibition without exceptions.
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7.
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Right to remain silent and the exclusion of evidence obtained by ill-treatment or torture
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Every child has the right to remain silent and any direct or indirect physical or undue psychological pressure to force the child to confess is a violation of this right.
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8.
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Access to legal representation and parents during interrogation
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There must be independent scrutiny of the methods of interrogation including the presence of a lawyer and parent.
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9.
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Video recording interrogations
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All interrogations should be audio-visually recorded.
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Pre-trial detention
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10.
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Brought before a judge and entitled to challenge the legality of the detention.
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A child should be brought before a judge within 24 hours of arrest. A judge should review the case every two weeks and a child has the right to challenge the legality of the detention.
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11.
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Pre-trial detention and bail.
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A measure of last resort and for the shortest period of time. Children should generally be released on bail.
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12.
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Detained with adults.
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Children should be detained separately from adults unless it is otherwise in their best interests.
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13.
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Diversion
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Diversion away from formal judicial proceedings should be considered whenever appropriate.
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Fair trial rights
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14.
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Juvenile courts
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Juvenile courts should be established to ensure children are treated in a manner commensurate with their age. Parents should be present during proceedings provided it is in the best interests of the child.
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15.
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Informed of charges.
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Promptly, directly and comprehensively in a language he/she understands, not later than 30 days after detention.
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16.
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Time of trial and final decision.
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The trial should be determined without delay and final judgment should be delivered within six months from the date of charge.
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Detention without charge
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17.
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Detention without charge.
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In strictly limited circumstances.
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Sentencing and post-trial detention
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18.
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Custodial sentences.
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Measure of last resort and for the shortest appropriate period of time.
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19.
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Conditions of detention.
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Children should be provided with a physical environment and accommodations which are in keeping with the rehabilitative aims of residential placement, and due regard must be given to their needs for privacy, sensory stimuli, opportunities to associate with their peers, and to participate in sports, physical exercise, in arts, and leisure time activities.
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20.
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Medical treatment.
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Highest attainable standard and should be both preventative and remedial.
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21.
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Visitation rights and family contact.
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Children in detention are entitled to receive regular visits as frequently as possible, and in principle, once a week and not less than once a month. Further, every juvenile should have the right to communicate in writing or by telephone at least twice a week with the person of his or her choice.
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22.
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Education.
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Compulsory and designed to prepare the child for return to society without difficulty.
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Conditional release and rehabilitation
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23.
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Conditional release.
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Conditional release shall be used to the greatest extent possible.
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24.
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Rehabilitation and reintegration.
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All appropriate measures should be taken to promote reintegration and the child assuming a constructive role in society.
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Independent inspections of detention facilities
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25.
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Independent inspections.
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Independent and qualified inspectors empowered to conduct regular unannounced inspections.
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1. Although not legally binding, the UN minimum standards are highly authoritative and provide guidance as to what is generally accepted as good practice for lawmakers, regulators and other relevant authorities.
2. UN Convention on the Rights of the Child (CRC) – Article 40(3)(a); and UN Committee on the Rights of the Child, General Comment No. 10 – paragraphs 32 and 33. [top]
3. CRC – Article 1; and UN Committee on the Rights of the Child, General Comment No. 10 – paragraphs 37 and 38. [top]
4.Covenant on Civil and Political Rights (CCPR) – Article 9(1) and (2); and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (1985) (The Beijing Rules) – Rule 10.1. [top]
5.CRC – Article 37(c); the UN Committee on the Rights of the Child, General Comment No. 10 – paragraph 89; the UN Standard Minimum Rules for the Treatment of Prisoners (1955) (UN Standard Minimum Rules) – Rules 33 and 34; and the United Nations Standard Minimum Rules for Non-Custodial Measures (1990) (The Tokyo Rules) – Rule 64. [top]
6. The Beijing Rules – Rule 5.1 and commentary; and the UN Standard Minimum Rules – Rule 45(2). [top]
7. CRC – Articles 19 and 37(a); UN Committee on the Rights of the Child, General Comment No. 10 – paragraphs 56 and 89; UN Convention Against Torture (CAT) – Article 2; UN Committee against Torture, General Comment No. 2 – paragraph 3; CCPR – Article 7; and the Fourth Geneva Convention – Articles 3(1)(a) and 31. [top]
8. CRC – Article 40(2)(b)(iv); UN Committee on the Rights of the Child, General Comment No. 10 – paragraphs 56 to 58; CAT – Article 15; CCPR – Article 14(3)(g) and (4); and the Fourth Geneva Convention – Article 31. [top]
9. CRC – Article 40(2)(b)(ii); CRC Committee, General Comment No. 10 – paragraph 58; CCPR – Article 14(3)(b); UN Human Rights Committee, General Comment No. 20 – paragraph 11; UN Human Rights Committee, Concluding Observations, Israel (29 July 2010), CCPR/C/ISR/CO/3 – paragraph 22; and the UN Committee against Torture, Concluding Observations, Israel (14 May 2009), CAT/C/ISR/CO/4 – paragraphs 15, 16 27 and 28. [top]
10. CRC - Article 40(2)(b)(iv); UN Committee on the Rights of the Child, General Comment No. 10 – paragraph 58; CAT – Article 2; UN Committee against Torture, General Comment No. 2 – paragraph 14; UN Committee against Torture, Concluding Observations, Israel (14 May 2009), CAT/C/ISR/CO/4 – paragraph 16; and the UN Human Rights Committee, Concluding Observations, Israel (29 July 2010), CCPR/C/ISR/CO/3 – paragraph 22. [top]
11. CRC – Article 37(d); UN Committee on the Rights of the Child, General Comment No. 10 – paragraphs 52 and 83; CCPR – Article 9(3) and (4); and the UN Human Rights Committee, General Comment No. 8 – paragraph 2. [top]
12. CRC – Article 37(b); UN Committee on the Rights of the Child, General Comment No. 10 – paragraphs 80 and 81; CCPR – Article 9(3); Beijing Rules – Rules 13, 17 and 19; Tokyo Rules – Rule 6; and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990) (The Havana Rules) – Rule 17. [top]
13.CRC – Article 37(c); CUN Committee on the Rights of the Child, General Comment No. 10 – paragraphs 85 and 86; and CCPR – Article 10(2)(b). [top]
14. CRC – Articles 40(3)(b) and (4); and the Beijing Rules – Rule 11. [top]
15. CRC – Article 40(b)(iii); UN Committee on the Rights of the Child, General Comment No. 10 – paragraphs 10, 92 and 93; UN Human Rights Committee, General Comment No. 32 – paragraph 43; and the Beijing Rules – Rule 15. [top]
16. CRC – Article 40(2)(b)(ii); UN Committee on the Rights of the Child, General Comment No. 10 – paragraphs 47, 48 and 83; CCPR – Article 9(2); and the Fourth Geneva Convention – Article 71. [top]
17. CRC – Article 40(2)(b)(iii); UN Committee on the Rights of the Child, General Comment No. 10 – paragraph 83; and CCPR – Article 14(3)(c). [top]
18. CRC – Article 37(b); CCPR – Articles 4 and 9; UN Human Rights Committee, Concluding Observations, Israel, (29 July 2010), CCPR/C/ISR/CO/3 – paragraph 7; and the Fourth Geneva Convention – Articles 42 and 78. [top]
19. CRC – Article 37(b); UN Committee on the Rights of the Child, General Comment No. 10 – paragraph 71; and the Beijing Rules – Rules 26, 17 and 18. [top]
20. CRC – Article 37(c); UN Committee on the Rights of the Child, General Comment No. 10 – paragraph 89; UN Standard Minimum Rules – Rules 9, 11, 14 to16, and 17 to 21; and the Fourth Geneva Convention – Article 85. [top]
21. CRC – Article 24(1); Havana Rules – Rules 49 to 55; and the UN Standard Minimum Rules – Rule 22. [top]
22. CRC – Article 37(c); UN Committee on the Rights of the Child, General Comment No. 10 – paragraph 87; Beijing Rules – Rule 26; Havana Rules – Rules 59 to 61; UN Standard Minimum Rules – Rule 37; and the Fourth Geneva Convention – Article 116. [top]
23. UN Committee on the Rights of the Child, General Comment No. 10 – paragraph 89; UN Standard Minimum Rules – Rule 77; Havana Rules – Rule 38; and the Fourth Geneva Convention – Article 94. [top]
24. Beijing Rules – Rule 28. [top]
25. CRC – Articles 39 and 40(1); UN Committee on the Rights of the Child, General Comment No. 10 – paragraph 10; and the Havana Rules – Rules 79 and 80. [top]
26. UN Committee on the Rights of the Child, General Comment No. 10 – paragraph 89; and the Havana Rules – Rules 72 to 74. [top]
