A/HRC/21/26
Convention on the Rights of the Child guarantees the right of every child to a standard of
living adequate for the child’s physical mental, spiritual, moral and social development. 59
The Standard Minimum Rules for the Treatment of Prisoners and the Havana Rules provide
more detailed standards on the physical environment and accommodation in relation to
children deprived of their liberty. Standards include, inter alia, guidelines on personal
hygiene, clothing and bedding, food, clean drinking water and accommodation. 60
26.
The International Covenant on Economic, Social and Cultural Rights and the
Convention on the Rights of the Child provide that children deprived of their liberty have
the right to receive education and vocational training, and the opportunity to perform
labour.61 Various international instruments provide further details on the standards in that
regard.62 The Beijing Rules provide that the objective of training and treatment of children
placed in institutions is to provide care, protection, education and vocational skills, with a
view to assisting them to assume socially constructive and productive roles in society. 63
27.
Closely linked to education and training of children deprived of their liberty is their
right to rest and leisure and to have access to recreational activities.64 Every child should
have the right to a suitable amount of time for daily free exercise, in the open air whenever
weather permits, during which time appropriate recreational and physical training should
normally be provided. This right includes the provision of adequate space, installations and
equipment.65 A child should also have additional time for daily leisure activities, part of
which should be devoted, if the child wishes, to arts and crafts skill development. 66
Furthermore, due regard must be given to a child’s religious and cultural rights.67
28.
Another key aspect is access to adequate health care and medical services. The
International Covenant on Economic, Social and Cultural Rights recognizes the right of
everyone to the enjoyment of the highest attainable standard of physical and mental
health.68 The Convention on the Rights of the Child provides for the corresponding right of
the child and adds the right to facilities for the treatment of illness and rehabilitation of
health.69 The Havana Rules, the Standard Minimum Rules for the Treatment of Prisoners
and the Bangkok rules lay down a set of detailed standards for health care services for
persons deprived of their liberty, including children. 70
59
60
61
62
63
64
65
66
67
68
69
70
Art. 27, Convention on the Rights of the Child.
Rules 31 to 37, Havana Rules; rules 9 to 20, Standard Minimum Rules for the Treatment of Prisoners;
rules 4 and 5, Bangkok Rules.
Arts. 6 and 13, International Covenant on Economic, Social and Cultural Rights; art. 28, Convention
on the Rights of the Child; see also art. 29, Convention on the Rights of the Child.
Rules 38-46, Havana Rules; 26.1 and 26.6, Beijing Rules; rule 77, Standard Minimum Rules for the
Treatment of Prisoners; principles 6 and 8, Basic Principles for the Treatment of Prisoners.
Rule 26.1, Beijing Rules.
Art. 31, Convention on the Rights of the Child.
Rule 47, Havana Rules; rule 21, Standard Minimum Rules for the Treatment of Prisoners.
Rule 47, Havana Rules; see also rules 40 and 78, Standard Minimum Rules for the Treatment of
Prisoners.
Arts 14, para. 1, and 30, Convention on the Rights of the Child; arts 18, paras. 1 and 27, International
Covenant on Civil and Political Rights; rules 48, Havana Rules; 6(1), 41-42 Standard Minimum Rules
for the Treatment of Prisoners; rule 3, Basic Principles for the Treatment of Prisoners.
Art. 12, International Covenant on Economic, Social and Cultural Rights.
At. 24, Convention on the Rights of the Child.
Rules 49-55, Havana Rules; rules 22-26, Standard Minimum Rules for the Treatment of Prisoners;
rules 12-18 , Bangkok Rules; see also principle 24, Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment; rule 9, Basic Principles for the Treatment of
Prisoners.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents