A/HRC/14/35
2.
Law, policies and practices relating to the detention of children
13.
The protection of the human rights of children in detention, both in law and in
practice, is a focus of resolution 10/2, in which the Human Rights Council reaffirms that the
best interests of the child must be a primary consideration in all decisions concerning
deprivation of liberty. Depriving children of their liberty should be used only as a measure
of last resort and for the shortest appropriate period of time, in particular before trial. If
detention is unavoidable, child detainees should be separated from adults, to the greatest
extent feasible, unless it is considered in the child’s best interest not to do so. In addition to
special protection, child detainees are also entitled to all human rights guarantees afforded
to adult detainees. In the resolution, the Council urges States to be aware of the need for
special vigilance with regard to the specific situation of children and juveniles in detention,
and their vulnerability to various forms of violence, abuse, injustice and humiliation.
14.
The Republic of Moldova reported that under legislation in force, the arrest and
detention of juveniles is to be exceptional and only in relation to allegations of a serious
crime. There are strict time limits on pretrial detention of juveniles, and any detention must
include a focus on ensuring access to education and preparation for reintegration on release.
This includes the possibility of following the high school curriculum (through affiliation
with a local high school), as well as programmes focused on the rehabilitation of drug
users, on reducing violence, and on sport and art, and a programme to prepare detainees for
release entitled PROSOCIAL.
15.
The Netherlands reported that following a national review in 2007, a programme to
significantly improve the handling of juveniles in detention has been undertaken with the
aim of improving detention in the majority of detention facilities by 2011. The programme
includes a system of certification for juvenile detention facilities, and the introduction of a
basic methodology for all facilities which ensures uniformity and continuity in the
treatment of juvenile offenders.
16.
Paraguay indicated that juveniles over the age of criminal responsibility (14 years)
who are detained on suspicion of a criminal offence must be brought before a court within
six hours. The judge may then order continued detention if correctional measures are
deemed insufficient. As noted in paragraph 7 above, national legislation in Canada provides
for a range of community sentences for youth, and sets down the position that youth
custody sentences should be used only as a last resort, and that rehabilitation and
reintegration must be part of each sentence. Slovakia reported that, in accordance with
international norms, minors are detained separately from adults, and those convicted and
sentenced to imprisonment serve sentences in institutions separate from adults.
17.
In its contribution, Mexico referred to national legislation and programmes aimed at
ensuring compliance with international standards relating to detention, including the United
Nations Standard Minimum Rules for the Administration of Juvenile Justice.2 In particular,
the Law for the Protection of the Rights of Children and Adolescents guarantees juveniles
rights under the Constitution as well as rights recognized in human rights treaties ratified by
Mexico. Specific guarantees apply to juveniles coming from indigenous communities, such
as taking into account the customs and language of their community, as well as the
provision of a defence counsel with knowledge of their language and culture and access to
an interpreter if needed.
2
6
General Assembly resolution 40/33, annex.
GE.10-13056
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