‘no child or young person should be subjected to harsh or degrading correction or punishment measures at home, in schools or in any other institutions.
Article 58 deals with importance of training of law officials by providing that Law enforcement and other relevant personnel shall be trained in order to respond to special needs of young persons and should be familiar with and use programmes and referral possibilities for the diversion of young persons from the justice system.It is noteworthy that, the Riyadh Guidelines as robust as its provisions are, it is saddened that they are not binding on the member states. It however serves as a model from which member states can set standard rules, regulations and laws for the protection of juveniles.2.
1.4. The United Nations Rules for the Protection of Juveniles Deprived of their Liberty 1990The United Nations Rules for the Protection of Juveniles Deprived of their Liberty 1990 sets out applicable standards where a juvenile is confined to any facility. The Rules apply whether penal, correctional, educational or protective, and whether on the grounds of conviction or suspicion of having committed an offence, or simply being deemed “at risk” . Thus, protection of the juvenile under detention includes principles that universally define the specific circumstances under which children can be deprived of their liberty.
It emphasizes that deprivation of liberty must be a means of last resort, for the shortest possible period of time and limited to exceptional cases . This serves as an intentionally acceptable framework intended to counteract the detrimental effects of deprivation of liberty by ensuring respect for the human rights of juveniles and ensuring the dignity and welfare of the children is upheld while in custody.The Rules were intended to establish minimum standards for the protection of juveniles deprived of their liberty in all forms. Deprivation of liberty is justified as a means of protection and this has gained a widespread opinion among judicial personnel that the detention of children is a good preventive measure and therefore a better solution than sending the child back to his or her family. Rules 1 and 3 of the United Nations Rules for the Protection of Juvenile Deprived of their Liberty emphasize the duty of the states to provide special treatment to detained and imprisoned children and adjustment of their needs in an expression of the “best interests” approach canvassed by the UNCRC.
This is a logical rule given that the juvenile justice system “should uphold the rights and safety and promote the physical and mental well-being of juveniles” with the aim of “counteracting the detrimental effects of all types of detention and…fostering integration in society”. Rules 2, 12, 17 and 18 guaranteed specially the right of the children to fair hearing and the adoption of a child-oriented approach which include prompt determination of matters without delay and the guarantee of the following rights – legal representation, presumption of innocence, silence, non-discriminatory treatment, privacy, be heard in defence and the benefit of meaningful activities and programmes that will foster the child’s sense of responsibility by developing their potential as members of the society.
