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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Article 9: Liberty and security of person 2014, para. 30 | Aug 19, 2019 | Paragraph | Paragraph 2 requires that the arrested person be informed "promptly" of any charges, not necessarily "at the time of arrest". If particular charges are already contemplated, the arresting officer may inform the person of both the reasons for the arrest and the charges, or the authorities may explain the legal basis of the detention some hours later. The reasons must be given in a language that the arrested person understands. The requirement to give notice of charges under paragraph 2 serves to facilitate the determination of whether the provisional detention is appropriate or not, and therefore paragraph 2 does not require that the arrested person is given as much detail regarding the charges as would be needed later to prepare for trial. If the authorities have already informed an individual of the charges being investigated prior to making the arrest, then paragraph 2 does not require prompt repetition of the formal charges so long as they communicate the reasons for the arrest. The same considerations as mentioned in paragraph 28 above apply to prompt information concerning any criminal charges when minors or other vulnerable persons are arrested. | Human Rights Committee
| General Comment / Recommendation |
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| 2014 | ||
Article 9: Liberty and security of person 2014, para. 33 | Aug 19, 2019 | Paragraph | While the exact meaning of "promptly" may vary depending on objective circumstances, delays should not exceed a few days from the time of arrest. In the view of the Committee, 48 hours is ordinarily sufficient to transport the individual and to prepare for the judicial hearing; any delay longer than 48 hours must remain absolutely exceptional and be justified under the circumstances. Longer detention in the custody of law enforcement officials without judicial control unnecessarily increases the risk of ill-treatment. Laws in most States parties fix precise time limits, sometimes shorter than 48 hours, and those limits should also not be exceeded. An especially strict standard of promptness, such as 24 hours, should apply in the case of juveniles. | Human Rights Committee
| General Comment / Recommendation |
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| 2014 | ||
Article 9: Liberty and security of person 2014, para. 37 | Aug 19, 2019 | Paragraph | The second requirement expressed in the first sentence of paragraph 3 is that the person detained is entitled to trial within a reasonable time or to release. That requirement applies specifically to periods of pretrial detention, that is, detention between the time of arrest and the time of judgment at first instance. Extremely prolonged pretrial detention may also jeopardize the presumption of innocence under article 14, paragraph 2. Persons who are not released pending trial must be tried as expeditiously as possible, to the extent consistent with their rights of defence. The reasonableness of any delay in bringing the case to trial has to be assessed in the circumstances of each case, taking into account the complexity of the case, the conduct of the accused during the proceeding and the manner in which the matter was dealt with by the executive and judicial authorities. Impediments to the completion of the investigation may justify additional time, but general conditions of understaffing or budgetary constraint do not. When delays become necessary, the judge must reconsider alternatives to pretrial detention. Pretrial detention of juveniles should be avoided, but when it occurs they are entitled to be brought to trial in especially speedy fashion under article 10, paragraph 2 (b). | Human Rights Committee
| General Comment / Recommendation |
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| 2014 | ||
Article 10: Humane treatment of persons deprived of liberty 1982, para. 2a | Aug 19, 2019 | Paragraph | Subparagraph 2 (b) of the article calls, inter alia, for accused juvenile persons to be separated from adults. The information in reports shows that a number of States are not taking sufficient account of the fact that this is an unconditional requirement of the Covenant. It is the Committee's opinion that, as is clear from the text of the Covenant, deviation from States parties' obligations under subparagraph 2 (b) cannot be justified by any consideration whatsoever. | Human Rights Committee
| General Comment / Recommendation |
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| 1982 | ||
Article 14: Administration of justice 1984, para. 16 | Aug 19, 2019 | Paragraph | Article 14, paragraph 4, provides that in the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. Not many reports have furnished sufficient information concerning such relevant matters as the minimum age at which a juvenile may be charged with a criminal offence, the maximum age at which a person is still considered to be a juvenile, the existence of special courts and procedures, the laws governing procedures against juveniles and how all these special arrangements for juveniles take account of "the desirability of promoting their rehabilitation". Juveniles are to enjoy at least the same guarantees and protection as are accorded to adults under article 14. | Human Rights Committee
| General Comment / Recommendation |
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| 1984 | ||
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 42 | Aug 19, 2019 | Paragraph | Article 14, paragraph 4, provides that in the case of juvenile persons, procedures should take account of their age and the desirability of promoting their rehabilitation. Juveniles are to enjoy at least the same guarantees and protection as are accorded to adults under article 14 of the Covenant. In addition, juveniles need special protection. In criminal proceedings they should, in particular, be informed directly of the charges against them and, if appropriate, through their parents or legal guardians, be provided with appropriate assistance in the preparation and presentation of their defence; be tried as soon as possible in a fair hearing in the presence of legal counsel, other appropriate assistance and their parents or legal guardians, unless it is considered not to be in the best interest of the child, in particular taking into account their age or situation. Detention before and during the trial should be avoided to the extent possible. | Human Rights Committee
| General Comment / Recommendation |
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| 2007 | ||
Article 24: Rights of the child 1989, para. 2 | Aug 19, 2019 | Paragraph | In this connection, the Committee points out that the rights provided for in article 24 are not the only ones that the Covenant recognizes for children and that, as individuals, children benefit from all of the civil rights enunciated in the Covenant. In enunciating a right, some provisions of the Covenant expressly indicate to States measures to be adopted with a view to affording minors greater protection than adults. Thus, as far as the right to life is concerned, the death penalty cannot be imposed for crimes committed by persons under 18 years of age. Similarly, if lawfully deprived of their liberty, accused juvenile persons shall be separated from adults and are entitled to be brought as speedily as possible for adjudication; in turn, convicted juvenile offenders shall be subject to a penitentiary system that involves segregation from adults and is appropriate to their age and legal status, the aim being to foster reformation and social rehabilitation. In other instances, children are protected by the possibility of the restriction provided that such restriction is warranted of a right recognized by the Covenant, such as the right to publicize a judgement in a suit at law or a criminal case, from which an exception may be made when the interest of the minor so requires. | Human Rights Committee
| General Comment / Recommendation |
|
| 1989 | ||
Assistance to unaccompanied refugee minors (2004), para. 06 | Feb 25, 2020 | Paragraph | Bearing in mind that the most important steps in working with unaccompanied minors are rapid identification, immediate registration and documentation and tracing of family, |
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Assistance to unaccompanied refugee minors (2004), para. 14 | Feb 25, 2020 | Paragraph | 3. Stresses the importance of providing adequate resources for programmes of identification, registration, documentation and tracing of unaccompanied minors and their reunification with their families; |
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Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 84c | Aug 19, 2019 | Paragraph | [With regard to legislation, the Special Rapporteur calls upon all States:] To adhere to the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the United Nations Guidelines for the Prevention of Juvenile Delinquency. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2015 | ||
Children’s rights in juvenile justice 2007, para. 40 | Aug 19, 2019 | Paragraph | Article 40 (2) of CRC contains an important list of rights and guarantees that are all meant to ensure that every child alleged as or accused of having infringed the penal law receives fair treatment and trial. Most of these guarantees can also be found in article 14 of the International Covenant on Civil and Political Rights (ICCPR), which the Human Rights Committee elaborated and commented on in its general comment No. 13 (1984) (Administration of justice) which is currently in the process of being reviewed. However, the implementation of these guarantees for children does have some specific aspects which will be presented in this section. Before doing so, the Committee wishes to emphasize that a key condition for a proper and effective implementation of these rights or guarantees is the quality of the persons involved in the administration of juvenile justice. The training of professionals, such as police officers, prosecutors, legal and other representatives of the child, judges, probation officers, social workers and others is crucial and should take place in a systematic and ongoing manner. These professionals should be well informed about the child's, and particularly about the adolescent's physical, psychological, mental and social development, as well as about the special needs of the most vulnerable children, such as children with disabilities, displaced children, street children, refugee and asylum-seeking children, and children belonging to racial, ethnic, religious, linguistic or other minorities (see paragraphs 6-9 above). Since girls in the juvenile justice system may be easily overlooked because they represent only a small group, special attention must be paid to the particular needs of the girl child, e.g. in relation to prior abuse and special health needs. Professionals and staff should act under all circumstances in a manner consistent with the child's dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others, and which promotes the child's reintegration and his/her assuming a constructive role in society (art. 40 (1)). All the guarantees recognized in article 40 (2), which will be dealt with hereafter, are minimum standards, meaning that States parties can and should try to establish and observe higher standards, e.g. in the areas of legal assistance and the involvement of the child and her/his parents in the judicial process. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2007 | ||
Children’s rights in juvenile justice 2007, para. 88 | Aug 19, 2019 | Paragraph | The Committee draws the attention of States parties to the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, adopted by the General Assembly in its resolution 45/113 of 14 December 1990. The Committee urges the States parties to fully implement these rules, while also taking into account as far as relevant the Standard Minimum Rules for the Treatment of Prisoners (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. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2007 | ||
Declaration of the commemorative high-level plenary meeting devoted to the follow-up to the outcome of the special session on children (2008), para. 7 | Feb 25, 2020 | Paragraph | 5. As we welcome the voices and the views of children, including adolescents, heard at the commemorative plenary meeting, we strive to strengthen their participation in the decisions that affect them, in accordance with their age and maturity. |
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Guidelines for the Alternative Care of Children (2010), para. 064 | Feb 25, 2020 | Paragraph | (a) Persons under the age of 18 years who are deprived of their liberty by decision of a judicial or administrative authority as a result of being alleged as, accused of or recognized as having infringed the law, and whose situation is covered by the United Nations Standard Minimum Rules for the Administration of Juvenile Justice 5F 6 and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty; 6F 7 |
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Human rights in the administration of justice (1996), para. 15 | Feb 25, 2020 | Paragraph | Aware of the specific situation of children and juveniles in detention and their special needs while deprived of their liberty, in particular their vulnerability to various forms of abuse, injustice and humiliation, |
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Human rights in the administration of justice (2013), para. 18 | Feb 25, 2020 | Paragraph | Aware of the need for special vigilance with regard to the specific situation of children, juveniles and women in the administration of justice, in particular while they are deprived of their liberty, and their vulnerability to various forms of violence, abuse, injustice and humiliation, |
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Human rights in the administration of justice (2015), para. 20 | Feb 25, 2020 | Paragraph | Aware of the need for special vigilance with regard to the specific situation of children, juveniles and women in the administration of justice, in particular while they are deprived of their liberty, and their vulnerability to various forms of violence, abuse, injustice and humiliation, |
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Human rights in the administration of justice (2017), para. 22 | Feb 25, 2020 | Paragraph | Aware of the need for special vigilance with regard to the specific situation of children, juveniles and women in the administration of justice, in particular while they are deprived of their liberty, and their vulnerability to various forms of violence, abuse, injustice and humiliation, |
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Human rights in the administration of justice (2019), para. 24 | Feb 25, 2020 | Paragraph | Aware of the need for special vigilance with regard to the specific situation of children, juveniles and women in the administration of justice, in particular while they are deprived of their liberty, and their vulnerability to various forms of violence, abuse, injustice and humiliation, |
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Human rights in the administration of justice (2019), para. 49 | Feb 25, 2020 | Paragraph | 22. Recognizes that all children and juveniles alleged as, accused of or recognized as having infringed the law, particularly those who are deprived of their liberty, as well as child victims and witnesses of crimes, should be treated in a manner consistent with their rights, dignity and needs, in accordance with international law, bearing in mind relevant international standards on human rights in the administration of justice, taking into account also the age, gender, social circumstances and development needs of such children, and calls upon States parties to the Convention on the Rights of the Child 7 and States parties to the Optional Protocols to the Convention 27 to abide strictly by their principles and respective provisions; |
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Human rights in the administration of justice 2016, para. 22 | Aug 19, 2019 | Paragraph | Aware of the need for special vigilance with regard to the specific situation of children, juveniles and women in the administration of justice, in particular while they are deprived of their liberty, and their vulnerability to various forms of violence, abuse, injustice and humiliation, | United Nations General Assembly | Resolution |
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| 2016 | ||
Human rights in the administration of justice, in particular juvenile justice (2011), para. 17 | Feb 25, 2020 | Paragraph | Aware of the need for special vigilance with regard to the specific situation of children, juveniles and women in the administration of justice, in particular while deprived of their liberty, and their vulnerability to violence, abuse, injustice and humiliation, |
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Human rights in the administration of justice, in particular juvenile justice (2011), para. 18 | Feb 25, 2020 | Paragraph | Reaffirming that the best interests of the child must be a primary consideration in all decisions concerning deprivation of liberty and, in particular, that depriving children and juveniles 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, and the need to ensure that, if they are arrested, detained or imprisoned, children should be separated from adults, to the greatest extent feasible, unless it is considered in the child’s best interest not to do so, |
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Human rights in the administration of justice, in particular juvenile justice (2011), para. 44 | Feb 25, 2020 | Paragraph | 25. Requests the High Commissioner to submit an analytical report to the Human Rights Council at its twenty-first session on the protection of human rights of juveniles deprived of their liberty, mindful of all applicable human rights standards and taking into account the work of all relevant human rights mechanisms of the United Nations; |
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Human rights in the administration of justice, in particular juvenile justice 2009, para. 11 | Aug 19, 2019 | Paragraph | Aware of the need for special vigilance with regard to the specific situation of children, juveniles and women in the administration of justice, in particular while deprived of their liberty, and their vulnerability to various forms of violence, abuse, injustice and humiliation, | United Nations Human Rights Council | Resolution |
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| 2009 | ||
Human rights in the administration of justice, in particular juvenile justice 2009, para. 12 | Aug 19, 2019 | Paragraph | Reaffirming that the best interests of the child must be a primary consideration in all decisions concerning deprivation of liberty, and in particular that depriving children and juveniles 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, and the need to ensure that, if they are arrested, detained or imprisoned, children should be separated from adults, to the greatest extent feasible, unless it is considered in the child’s best interest not to do so, | United Nations Human Rights Council | Resolution |
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| 2009 | ||
Human rights in the administration of justice, in particular juvenile justice 2011, para. 15 | Aug 19, 2019 | Paragraph | Aware of the need for special vigilance with regard to the specific situation of children, juveniles and women in the administration of justice, in particular while deprived of their liberty, and their vulnerability to violence, abuse, injustice and humiliation, | United Nations Human Rights Council | Resolution |
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| 2011 | ||
Human rights in the administration of justice, in particular juvenile justice 2011, para. 16 | Aug 19, 2019 | Paragraph | Reaffirming that the best interests of the child must be a primary consideration in all decisions concerning deprivation of liberty and, in particular, that depriving children and juveniles 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, and the need to ensure that, if they are arrested, detained or imprisoned, children should be separated from adults, to the greatest extent feasible, unless it is considered in the child’s best interest not to do so, | United Nations Human Rights Council | Resolution |
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| 2011 | ||
Human rights in the administration of justice, in particular juvenile justice 2011, para. 25 | Aug 19, 2019 | Paragraph | Requests the High Commissioner to submit an analytical report to the Human Rights Council at its twenty-first session on the protection of human rights of juveniles deprived of their liberty, mindful of all applicable human rights standards and taking into account the work of all relevant human rights mechanisms of the United Nations; | United Nations Human Rights Council | Resolution |
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| 2011 | ||
Human rights in the administration of justice, in particular juvenile justice 2013, para. 1 | Aug 19, 2019 | Paragraph | Notes with appreciation the latest report of the United Nations High Commissioner for Human Rights submitted to the Human Rights Council on the protection of human rights of juveniles deprived of their liberty; | United Nations Human Rights Council | Resolution |
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| 2013 |