CRC/C/GC/24
and Non-Custodial Measures for Women Offenders (Bangkok Rules) (see also rule 9 of the
Beijing Rules). In this regard, the Committee recommends that the States parties incorporate
these rules into their national laws and regulations, and make them available, in the national
or regional language, to all professionals, NGOs and volunteers involved in the
administration of juvenile justice.
108. The Committee emphasizes that, inter alia, the following principles and rules need to
be observed in all cases of deprivation of liberty:
• Incommunicado detention is not permitted for persons under the age of 18 years;
• Children should be provided with a physical environment and accommodation
conducive to the rehabilitative and reintegrative aims of residential placement. 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;
• Every child of compulsory school age has the right to education suited to his/her needs
and abilities, including to undertake exams, and designed to prepare him/her for return
to society; in addition, every child should, when appropriate, receive vocational
training in occupations likely to prepare him/her for future employment;
• Every child has the right to be examined by a physician or a health practitioner upon
admission to the detention/correctional facility and shall receive adequate medical
care throughout his/her stay in the facility, which should be provided, where possible,
by health facilities and services of the community;
• The staff of the facility should promote and facilitate frequent contacts of the child
with the wider community, including communications with his/her family, friends and
other persons or representatives of reputable outside organizations, and the
opportunity to visit his/her home and family. There must be no restriction on his or
her ability to communicate confidentially and at any time with his or her lawyer or
other assistant;
• 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, direct and continuous 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 child and the fundamental objectives of institutional care; disciplinary measures
in violation of article 37 of CRC shall 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.
20
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