imposed for offences committed by children. In addition, the Beijing Rules provide that
children shall not be subjected to corporal punishment. The Human Rights Committee has
submitted that when dealing with child detainees, , corporal punishment constitutes cruel,
inhuman and degrading treatment or punishment contrary to article 7 of the International
Covenant on Civil and Political Rights. Thus, children are not supposed to be subjected to
any form of cruel treatment whilst in detention. Basically these rules have their foundation
from the Convention on the Rights of Children (CRC), and the detention standards are
closely linked to those provided for in the UN Standard Minimum Rules for the
Treatment of Prisoners.
Main Provisions looked at
Physical environment and accommodation (S.31) – provides that young
offenders have the right to facilities and services that meet all the requirements of
health and human dignity.
Clothing (S. 36) – states juveniles should have the right to use their own clothes
and/or clothing suitable for the climate….
Food & Water (S.37) – provided that juveniles must receive food that is suitably
prepared and presented at normal meal times and of good quality and quantity.
Clean water has to be always available.
Education and Vocational training ( S.38) – stipulates that juveniles of school
going age have the right to education, wherever possible. S. 42 states that
juveniles have the right to receive vocational training in areas that can prepare
them for future employment.
Recreation ( S.47) – Juveniles have the right to suitable amount of time
recreation and physical training/exercises in open air.
Medical care (S. 49) - juveniles need to receive adequate medical care that is
both preventative and remedial. Special diets need to be available.
Contact with outside world (S.59) – measures need to me taken to ensure that
juveniles have adequate communication with the outside world , to receive
regular visits and access to communication means.
Limitations of physical restraint and use of force (S.63) – any instruments of
restraint and use of force are prohibited. Such can only be used in exceptional
cases where other alternative measures have failed. Disciplinary measures need
not be cruel or degrading.
b. United Nations Standard Minimum Rules for the Treatment of
Prisoners
Some of the relevant provisions of this instrument pertain to the following:
Personal hygiene - inmates should be provided with adequate water, toilet
articles and are required to be generally clean.
Page 7 of 21