DEFINITION Existence of specialised standards and norms concerning disciplinary measures
and procedures with respect to children deprived of liberty.
NUMERATOR DENOMINATOR
Percentage of children in detention who have experienced a disciplinary measure at least once during a 12 month period
Number of children in detention / 100
WHAT IT
MEASURES This indicator measures whether specialised legislation or regulations exist whichestablish norms concerning disciplinary measures and procedures with respect to
children deprived of liberty. It assesses implementation of the child’s right to be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age (see CRC, Article 37(c)). The indicator is a Policy Indicator but may also be assessed in a quantitative form using the calculation above.
WHY IT IS HELPFUL TO MEASURE
Children deprived of liberty have the right to be detained in a facility that up- holds their rights and safety, and promotes their physical and mental well-being. Any disciplinary measures and procedures should maintain the interest of safety and an ordered community life, and should be consistent with the upholding of the inherent dignity of the juvenile and the fundamental objective of institutional care, namely, instilling a sense of justice, self-respect and respect for the basic rights of every person. All disciplinary measures constituting cruel, inhuman or degrading treatment should be strictly prohibited.
APPLICABLE INTERNATIONAL STANDARDS
- “States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or ex- ploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.” CRC, Article 19(1).
- “Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. …” CRC, Article 37(c). - “66. Any disciplinary measures and procedures should maintain the interest of
safety and an ordered community life and should be consistent with the upholding of the inherent dignity of the juvenile and the fundamental objective of institutional care, namely, instilling a sense of justice, self-respect and respect for the basic rights of every person.
67. All disciplinary measures constituting cruel, inhuman or degrading treat- ment shall be strictly prohibited, including corporal punishment, placement in a dark cell, closed or solitary confinement or any other punishment that may compromise the physical or mental health of the juvenile concerned. The re- duction of diet and the restriction or denial of contact with family members should be prohibited for any purpose. Labour should always be viewed as an educational tool and a means of promoting the self-respect of the juvenile in preparing him or her for return to the community and should not be imposed as a disciplinary sanction. No juvenile should be sanctioned more than once for the same disciplinary infraction. Collective sanctions should be prohibited. 68. Legislation or regulations adopted by the competent administrative authority should establish norms concerning the following, taking full account of the fundamental characteristics, needs and rights of juveniles:
a) Conduct constituting a disciplinary offence;
b) Type and duration of disciplinary sanctions that may be inflicted; c) The authority competent to impose such sanctions;
d) The authority competent to consider appeals.
69. A report of misconduct should be presented promptly to the competent authority, which should decide on it without undue delay. The competent authority should conduct a thorough examination of the case.
70. No juvenile should be disciplinarily sanctioned except in strict accordance with the terms of the law and regulations in force. No juvenile should be sanctioned unless he or she has been informed of the alleged infraction in a manner appropriate to the full understanding of the juvenile, and given a proper opportunity of presenting his or her defence, including the right of appeal to a competent impartial authority. Complete records should be kept of all disciplinary proceedings.
71. No juveniles should be responsible for disciplinary functions except in the supervision of specified social, educational or sports activities or in self- government programmes.” JDL, Articles 66-71.
Notes
1 Robben, A. and Nordstrom, C., “The anthropology and ethnography of violence and socio-political conflict”, in: Nordstrom, C. and Robben, A. (Eds.), Fieldwork Under Fire: Contemporary Studies of Violence and Survival, University of California Press, Berkely, 1995, p. 5.
2 Paulo Sérgio Pinheiro, World Report on Violence against Children, UN Secretary-General’s Study on Violence against
Children, Geneva, 2006, p. 196. www.violencestudy.org. See also chapter 3, below.
3 Ibid., p. 191. See also Cappelaere, G., Grandjean, A., Naqvi, Y., Children Deprived of Liberty. Rights and Realities, Éditions Jeunesse de droit, Defence for Children International, 2005, pp. 44-45.
4 Ibid., p. 191.
5 All of the Committee’s concluding observations on State Party reports can be found at www.ohchr.org/english/bodies/crc/index.htm.
6 See Paulo Sérgio Pinheiro, note 2 above, p 218. 7 See chapter 6, section 6.5, below.
8 United Nations Office on Drugs and Crime and Unicef, Manual for the Measurement of juvenile justice indicators, United
INDICATOR 12: SPECIALISED DISCIPLINARY MEASURES AND PROCEDURES
(CONTINUED)
HOW TO MEASURE
IT As a Policy Indicator, this indicators asks whether specialised standards andnorms concerning disciplinary procedures and measures with respect to children deprived of liberty exist, and are protected by law.
To qualify for this indicator, national legislation and regulations should be checked for specialisation concerning disciplinary procedures and measures with respect to children in detention, in compliance with JDL, Articles 66-71.
The indicator should be expressed using one of the four Levels below: Level 1 – Specialised disciplinary procedures and measures with respect to
children in detention do not exist in law
Level 2 – Specialised disciplinary procedures and measures with respect to children in detention exist in law but are not in compliance with JDL,
Articles 66-71
Level 3 – Specialised disciplinary procedures and measures with respect to children in detention exist in law and are in full compliance with JDL,
Articles 63-67
Level 4 – Specialised disciplinary procedures and measures with respect to children in detention exist in law and are in full compliance with JDL,
Articles 63-67, and staff of the facilities receive training on the
applicable standards.
Where the indicator is measured in quantitative form, the numerator population is the total number of children in detention who have experienced a disciplinary measure at least once during a 12 month period. The denominator population is the total number of children in detention (see Indicator 1).
INFORMATION
SOURCES Information for this indicator may be gathered from country legislation, govern-mental ministries such as justice, social welfare, or penal management, and
existing literature and reports at the central level, together with information sources at local level such as places of detention.
DISAGGREGATION Gender, Age, Ethnicity, Detained pre-sentence or after sentencing, Type of
institution where child is detained, Type of disciplinary measure, Used (on the same child) once only, Used (on the same child) occasionally, Used (on the same child) often.