CRC/C/GC/10
page 24
− Restraint or force can be used only when the child poses an imminent threat of injury to
him or herself or others, and only when all other means of control have been exhausted.
The use of restraint or force, including physical, mechanical and medical restraints,
should be under close and direct control of a medical and/or psychological professional.
It must never be used as a means of punishment. Staff of the facility should receive
training on the applicable standards and members of the staff who use restraint or force
in violation of the rules and standards should be punished appropriately;
− Any disciplinary measure must be consistent with upholding the inherent dignity of the
juvenile and the fundamental objectives of institutional care; disciplinary measures in
violation of article 37 of CRC must be strictly forbidden, including corporal
punishment, placement in a dark cell, closed or solitary confinement, or any other
punishment that may compromise the physical or mental health or well-being of the
child concerned;
− Every child should have the right to make requests or complaints, without censorship as
to the substance, to the central administration, the judicial authority or other proper
independent authority, and to be informed of the response without delay; children need
to know about and have easy access to these mechanisms;
− Independent and qualified inspectors should be empowered to conduct inspections on a
regular basis and to undertake unannounced inspections on their own initiative; they
should place special emphasis on holding conversations with children in the facilities, in
a confidential setting.
V. THE ORGANIZATION OF JUVENILE JUSTICE
90. In order to ensure the full implementation of the principles and rights elaborated in the
previous paragraphs, it is necessary to establish an effective organization for the administration
of juvenile justice, and a comprehensive juvenile justice system. As stated in article 40 (3) of
CRC, States parties shall seek to promote the establishment of laws, procedures, authorities and
institutions specifically applicable to children in conflict with the penal law.
91. What the basic provisions of these laws and procedures are required to be, has been
presented in the present general comment. More and other provisions are left to the discretion of
States parties. This also applies to the form of these laws and procedures. They can be laid down
in special chapters of the general criminal and procedural law, or be brought together in a
separate act or law on juvenile justice.
92. A comprehensive juvenile justice system further requires the establishment of specialized
units within the police, the judiciary, the court system, the prosecutor’s office, as well as
specialized defenders or other representatives who provide legal or other appropriate assistance
to the child.
93. The Committee recommends that the States parties establish juvenile courts either as
separate units or as part of existing regional/district courts. Where that is not immediately
feasible for practical reasons, the States parties should ensure the appointment of specialized
judges or magistrates for dealing with cases of juvenile justice.
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