A/HRC/21/26
32.
The Havana Rules set forth a strict standard for permissible disciplinary measures
and procedures for children deprived of their liberty.81 These measures should maintain the
interest of safety and an ordered community life and should be consistent with the
upholding of the inherent dignity of the child and the fundamental objective of institutional
care, namely, instilling a sense of justice, self-respect and respect for the basic rights of
every person. The Havana Rules ban any measure constituting cruel, inhuman or degrading
treatment, including corporal punishment, placement in a dark cell, closed or solitary
confinement or any other punishment that may compromise the physical or mental health of
the child concerned.82 Moreover, the Havana Rules prohibit the reduction of diet and the
restriction or denial of contact with family members for any purpose or labour imposed as a
disciplinary sanction. As a general rule, children should not be sanctioned more than once
for the same disciplinary infraction and collective sanctions should be prohibited.83
Instruments of restraint, such as handcuffs, chains, irons and strait-jackets, shall never be
applied as punishment.84
Treatment of girls deprived of their liberty
33.
Girls placed in detention institutions deserve special attention as to their needs and
problems.85 In decision-making, their gender-based vulnerability must be taken into
account.86 Furthermore, prison authorities must put in place measures to meet the protection
needs of girls deprived of their liberty. They must have equal access to education and
vocational training that are available to boys, 87 have access to age- and gender-specific
programmes and services, such as counselling for sexual abuse or violence, receive
education on women’s health care and have regular access to gynaecologists. In particular
pregnant girls deprived of their liberty must receive support and medical care. 88
Juvenile justice personnel
34.
Special consideration also needs to be paid to ensuring that adequate personnel are
recruited in detention facilities.89 Article 10 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment requires that education and
information regarding the prohibition against torture is included in training of law
enforcement personnel. Additionally, the Havana Rules provide a set of rules on selection,
recruitment, qualification, training and remuneration of personnel involved with children in
conflict with the law.90
III. Implementation gaps
35.
While the legal framework applicable to the issue of human rights of children
deprived of their liberty is extensive, human rights mechanisms, in particular the
81
82
83
84
85
86
87
88
89
90
Rules 66-71, Havana Rules.
See also rule 31, Standard Minimum Rules for the Treatment of Prisoners; principle 6, Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.
Rule 67, Havana Rules.
Rule 33, Standard Minimum Rules for the Treatment of Prisoners.
Rule 26.4, Beijing Rules.
Rule 65, Bangkok Rules.
Arts. 10 and 11, Convention on the Elimination of All Forms of Discrimination against Women.
Rules 36-39, Bangkok Rules
Rules 81 and 85, Havana Rules; rules 46 to 54 Standard Minimum Rules for the Treatment of
Prisoners.
Rules 81-87, Havana Rules.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents