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The Riyadh Guidelines

For people who is studying children's right in judicial examination procedures

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0% found this document useful (0 votes)
6 views5 pages

The Riyadh Guidelines

For people who is studying children's right in judicial examination procedures

Uploaded by

Honeycho
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

......

United Nations
Guidelines for
the Prevention of
Juvenile Delinquency
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(Riyadh Guidelines)
Adopted and proclaimed by General Assembly resolution 45/112
of 14 December 1990
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T he General Assembly, to consider the standards for the prevention of juvenile delin-
quency, with the view to adoption,
Bearing in mind the Universal Declaration of Human Rights, Recognizing the need to develop national, regional and inter-
the International Covenant on Economic, Social and Cultural national approaches and strategies for the prevention of juven-
Rights and the International Covenant on Civil and Political ile delinquency,
Rights, as well as other international instruments pertaining to Affirming that every child has basic human rights, including,
the rights and well-being of young persons, including relevant in particular, access to free education,
standards established by the International Labour Organiza-
tion, Mindful of the large number of young persons who may or may
not be in conflict with law but who are abandoned, neglected,
Bearing in mind also the Declaration of the Rights of the abused, exposed to drug abuse, in marginal circumstances, and
Child*, the Convention on the Rights of the Child, and the who are in general at social risk,
United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (The Beijing Rules), Taking into account the benefits of progressive policies for the
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prevention of delinquency and the welfare of the community,


Recalling General Assembly resolution 40/33 of 29 November
1983, in which the Assembly adopted the United Nations 1. Notes with satisfaction the substantive work accomplished
Standard Minimum Rules for the Administration of Juvenile by the Committee on Crime Prevention and Control and the
Justice recommended by the Seventh United Nations Congress Secretary-General in the formulation of the guidelines for the
on the Prevention of Crime and the Treatment of Offenders, prevention of juvenile delinquency;

Recalling also that the General Assembly, in its resolution 2. Expresses appreciation for the valuable collaboration of the
40/35 of 29 November 1985, called for the development of Security Studies and Training Centre at Riyadh, in hosting
standards for the prevention of juvenile delinquency which International Meeting of Experts on Juvenile Delinquency, held
would assist Member States in formulating and implementing at Riyadh from 28 February to 1 March 1988, in cooperation
specialized programmes and policies, emphasizing assistance, with the United Nations Office at Vienna;
care and community involvement, and called upon the Econo- 3. Adopts the United Nations Guidelines for the Prevention of
mic and Social Council to report to the Eighth United Nations Juvenile Delinquency contained in the annex to the present
Congress on the Prevention of Crime and the Treatment of resolution, to be called the Riyadh Guidelines
Offenders on the progress achieved with respect to the stand-
4. Calls upon Member States, in their comprehensive crime pre-
ards, for review and action,
vention plans, to apply the Guidelines in national law, policy
Recalling further that the Economic and Social Council, in reso- and practice and bring the Guidelines to the attention of
lution 1986/10 of 21 May 1986, requested the Eighth Congress the relevant authorities, including policy makers, juvenile

720 RIYADH GUIDELINES


......
justice personnel, educators, the mass media, practitioners priate measures to ensure the implementation of the present
and scholars; resolutions;
5. Requests the Secretary-General and invites Member States 10. Invites the Sub-Commission on Prevention of Discrimina-
to ensure the widest possible dissemination of the text of the tion and Protection of Minorities of the Commission on Human
Guidelines in all official languages of the United Nations; Rights to consider this new international instrument with a
6. Further requests the Secretary-General and invites all rel- view to promoting the application of its provisions;
evant United Nations offices and interested institutions, in 11. Invites Member States to support strongly the organization
particular, the United Nations Children’s Fund, as well as indi- of technical and scientific workshops, and pilot and demons-
vidual experts, to make a concerted effort to promote the tration projects on practical issues and policy matters relating
application of the Guidelines; to the application of the provisions of the Guidelines and to
7. Also requests the Secretary-General to intensify research on the establishment of concrete matters for community-based
particular situations of social risk and on the exploitation of services designed to respond to the special needs, problems
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children, including the use of children as instruments of crim- and concerns of young persons, and requests the Secretary-
inality, with a view to developing comprehensive counter- General to co-ordinate efforts in this respect;
measures and to report thereon to the Ninth United Nations 12. Also invites Member States to inform the Secretary-
Congress on the Prevention of Crime and the Treatment of General on theimplementation of the Guidelines and to report
Offenders; regularly to the Committee on Crime Prevention and Control
8. Further requests the Secretary-General to issue a composi- on the results achieved;
te manual on juvenile justice standards, containing the 13. Recommends that the Committee on Crime Prevention and
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United Nations Guidelines for the Prevention of Control request the Ninth Congress to review the progress
Juvenile Delinquency (The Riyadh Guidelines), and the made in the promotion and application of the Riyadh Guide-
United Nations Rules for the Protection of Juveniles Deprived lines and the recommendations contained in the present reso-
of their Liberty, and a set of full commentaries on their lution, under separate agenda item on juvenile justice and
provisions; keep the matter under constant review.
9. Urges all relevant bodies within the United Nations system
to collaborate with the Secretary-General in taking appro-

I. FUNDAMENTAL PRINCIPLES (a) The provision of opportunities, in partic- 6. Community-based services and programmes
1. The prevention of juvenile delinquency is ular educational opportunities, to meet the should be developed for the prevention of
an essential part of crime prevention in soci- varying needs of young persons and to serve juvenile delinquency, particularly where no
ety. By engaging in lawful, socially useful as a supportive framework for safeguarding agencies have yet been established. Formal
activities and adopting a humanistic orienta- the personal development of all young per- agencies of social control should only be uti-
tion towards society and outlook on life, sons, particularly those who are demon- lized as a means of last resort.
young persons can develop non-criminogenic strably endangered or at social risk and are
attitudes. in need of special care and protection;
2. The successful prevention of juvenile delin- (b) Specialized philosophies and approach- II. SCOPE OF THE GUIDELINES
quency requires efforts on the part of the es for delinquency prevention, on the basis
7. The present Guidelines should be interpret-
entire society to ensure the harmonious devel- of laws, processes, institutions, facilities
ed and implemented within the broad frame-
and a service delivery network aimed at
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opment of adolescents, with respect for and work of the Universal Declaration of Human
promotion of their personality from early reducing the motivation, need and oppor-
Rights, the International Covenant on Econo-
childhood. tunity for, or conditions giving rise to, the
mic, Social and Cultural Rights, the Interna-
3. For the purposes of the interpretation of commission of infractions;
tional Covenant on Civil and Political Rights,
the present Guidelines, a child-centred orien- (c) Official intervention to be pursued pri-
the Declaration of the Rights of the Child and
tation should be pursued. Young persons marily in the overall interest of the young
the Convention on the Rights of the Child, and
should have an active role and partnership person and guided by fairness and equity;
in the context of the United Nations Standard
within society and should not be considered as (d) Safeguarding the well-being, develop-
Minimum Rules for the Administration of Juve-
mere objects of socialization or control. ment, rights and interests of all young per-
nile Justice (The Beijing Rules), as well as
4. In the implementation of the present Gui- sons;
other instruments and norms relating to the
delines, in accordance with national legal (e) Consideration that youthful behaviour
rights, interests and well-being of all children
systems, the well-being of young persons from or conduct that does not conform to over-
and young persons.
their early childhood should be the focus of all social norms and values is often part of
8. The present Guidelines should also be
any preventive programme. the maturation and growth process and
implemented in the context of the economic,
5. The need for and importance of progressive tends to disappear spontaneously in most
social and cultural conditions prevailing in
delinquency prevention policies and the individuals with the transition to adult-
each Member State.
systematic study and the elaboration of hood;
measures should be recognized. These should (f) Awareness that, in the predominant
avoid criminalizing and penalizing a child for opinion of experts, labelling a young per-
behaviour that does not cause serious damage son as “deviant’’, “delinquent“ or “pre- III. GENERAL PREVENTION
to the development of the child or harm to delinquent“ often contributes to the devel- 9. Comprehensive prevention plans should be
others. Such policies and measures should opment of a consistent pattern of undesir- instituted at every level of Government and
involve: able behaviour by young persons. include the following:

RIYADH GUIDELINES 721


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(a) In-depth analyses of the problem and the extended family cannot fulfil this role, the school and the community;
inventories of programmes, services, facil- alternative placements, including foster care (e) Encouragement of young persons to
ities and resources available; and adoption, should be considered. Such understand and respect diverse views and
(b) Well-defined responsibilities for the placements should replicate, to the extent pos- opinions, as well as cultural and other dif-
qualified agencies, institutions and person- sible, a stable and settled family environment, ferences;
nel involved in preventive efforts; while, at the same time, establishing a sense of (f) Provision of information and guidance
(c) Mechanisms for the appropriate coordi- permanency for children, thus avoiding prob- regarding vocational training, employment
nation of prevention efforts between gov- lems associated with “foster drift“. opportunities and career development;
ernmental and non-governmental agencies; 15. Special attention should be given to chil- (g) Provision of positive emotional support
(d) Policies, programmes and strategies dren of families affected by problems brought to young persons and the avoidance of psy-
based on prognostic studies to be continu- about by rapid and uneven economic, social chological maltreatment;
ously monitored and carefully evaluated in and cultural change, in particular the children (h) Avoidance of harsh disciplinary meas-
the course of implementation; of indigenous, migrant and refugee families. As ures, particularly corporal punishment.
(e) Methods for effectively reducing the such changes may disrupt the social capacity of 22. Educational systems should seek to work
opportunity to commit delinquent acts; the family to secure the traditional rearing and together with parents, community organiza-
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(f) Community involvement through a wide nurturing of children, often as a result of role tions and agencies concerned with the activ-
range of services and programmes; and culture conflict, innovative and socially ities of young persons.
(g) Close interdisciplinary cooperation constructive modalities for the socialization of 23. Young persons and their families should be
between national, State, provincial and children have to be designed. informed about the law and their rights and
local governments, with the involvement of 16. Measures should be taken and programmes responsibilities under the law, as well as the
the private sector representative citizens of developed to provide families with the oppor- universal value system, including United
the community to be served, and labour, tunity to learn about parental roles and obliga- Nations instruments.
child-care, health education, social, law tions as regards child development and child 24. Educational systems should extend par-
enforcement and judicial agencies in taking care, promoting positive parent-child relation- ticular care and attention to young persons
concerted action to prevent juvenile delin- who are at social risk. Specialized prevention
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ships, sensitizing parents to the problems of


quency and youth crime; children and young persons and encouraging programmes and educational materials, curric-
(h) Youth participation in delinquency pre- their involvement in family and commun- ula, approaches and tools should be devel-
vention policies and processes, including ity-based activities. oped and fully utilized.
recourse to community resources, youth 17. Governments should take measures to pro- 25. Special attention should be given to com-
self-help, and victim compensation and mote family cohesion and harmony and to dis- prehensive policies and strategies for the pre-
assistance programmes; courage the separation of children from their vention of alcohol, drug and other substance
(i) Specialized personnel at all levels. parents, unless circumstances affecting the abuse by young persons. Teachers and other
welfare and future of the child leave no viable professionals should be equipped and trained
alternative. to prevent and deal with these problems. Infor-
IV. SOCIALIZATION PROCESSES 18. It is important to emphasize the socializa- mation on the use and abuse of drugs, includ-
tion function of the family and extended fami- ing alcohol, should be made available to the
10. Emphasis should be placed on preventive
ly; it is also equally important to recognize the student body.
policies facilitating the successful socialization
future role, responsibilities, participation and 26. Schools should serve as resource and refer-
and integration of all children and young per-
partnership of young persons in society. ral centres for the provision of medical, coun-
sons, in particular through the family, the com-
19. In ensuring the right of the child to proper selling and other services to young persons,
munity, peer groups, schools, vocational train-
socialization, Governments and other agencies particularly those with special needs and suf-
ing and the world of work, as well as through fering from abuse, neglect, victimization and
voluntary organizations. Due respect should be should rely on existing social and legal agen-
exploitation.
given to the proper personal development of cies, but, whenever traditional institutions and
27. Through a variety of educational pro-
children and young persons, and they should customs are no longer effective, they should
grammes, teachers and other adults and the
be accepted as full and equal partners in social- also provide and allow for innovative measures.
student body should be sensitized to the prob-
ization and integration processes. B. Education lems, needs and perceptions of young persons,
A. Family 20. Governments are under an obligation to
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particularly those belonging to underprivi-


11. Every society should place a high priority make public education accessible to all young leged, disadvantaged, ethnic or other minority
on the needs and well-being of the family and persons. and low-income groups.
of all its members. 21. Education systems should, in addition to 28. School systems should attempt to meet
12. Since the family is the central unit respon- their academic and vocational training activ- and promote the highest professional and
sible for the primary socialization of children, ities, devote particular attention to the follow- educational standards with respect to
governmental and social efforts to preserve the ing: curricula, teaching and learning methods and
integrity of the family, including the extended (a) Teaching of basic values and developing approaches, and the recruitment and training
family, should be pursued. The society has a respect for the child’s own cultural identity of qualified teachers. Regular monitoring and
responsibility to assist the family in providing and patterns, for the social values of the assessment of performance by the appropriate
care and protection and in ensuring the phys- country in which the child is living, for ci- professional organizations and authorities
ical and mental well-being of children. Ad- vilizations different from the child’s own should be ensured.
equate arrangements including day-care should and for human rights and fundamental free- 29. School systems should plan, develop and
be provided. doms; implement extracurricular activities of interest
13. Governments should establish policies that (b) Promotion and development of the per- to young persons, in co-operation with commun-
are conducive to the bringing up of children in sonality, talents and mental and physical ity groups.
stable and settled family environments. Fami- abilities of young people to their fullest 30. Special assistance should be given to chil-
lies in need of assistance in the resolution of potential; dren and young persons who find it difficult to
conditions of instability or conflict should be (c) Involvement of young persons as active comply with attendance codes, and to
provided with requisite services. and effective participants in, rather than “drop-outs“.
14. Where a stable and settled family environ- mere objects of, the educational process; 31. Schools should promote policies and rules
ment is lacking and when community efforts (d) Undertaking activities that foster a that are fair and just; students should be rep-
to assist parents in this regard have failed and sense of identity with and of belonging to resented in bodies formulating school policy,

722 RIYADH GUIDELINES


......
including policy on discipline, and decision- as well as to avoid demeaning and degrading 50. Generally, participation in plans and pro-
making. presentations, especially of children, women grammes should be voluntary. Young persons
C. Community and interpersonal relations, and to promote themselves should be involved in their formu-
32. Community-based services and programmes egalitarian principles and roles. lation, development and implementation.
which respond to the special needs, problems, 44. The mass media should be aware of its 51. Government should begin or continue to
interests and concerns of young persons and extensive social role and responsibility, as well explore, develop and implement policies, meas-
which offer appropriate counselling and guid- as its influence, in communications relating to ures and strategies within and outside the
ance to young persons and their families youthful drug and alcohol abuse. It should use criminal justice system to prevent domestic
should be developed, or strengthened where its power for drug abuse prevention by relaying violence against and affecting young persons
they exist. consistent messages through a balanced and to ensure fair treatment to these victims of
33. Communities should provide, or strengthen approach. Effective drug awareness campaigns domestic violence.
where they exist, a wide range of commun- at all levels should be promoted.
ity-based support measures for young persons,
including community development centres, rec- VI. LEGISLATION AND JUVENILE
reational facilities and services to respond to V. SOCIAL POLICY JUSTICE ADMINISTRATION
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the special problems of children who are at 45. Government agencies should give high pri- 52. Governments should enact and enforce spe-
social risk. In providing these helping meas- ority to plans and programmes for young per- cific laws and procedures to promote and pro-
ures, respect for individual rights should be tect the rights and well-being of all young per-
sons and should provide sufficient funds and
ensured. sons.
other resources for the effective delivery of ser-
34. Special facilities should be set up to pro- 53. Legislation preventing the victimization,
vices, facilities and staff for adequate medical
vide adequate shelter for young persons who abuse, exploitation and the use for criminal
and mental health care, nutrition, housing and
are no longer able to live at home or who do activities of children and young persons should
other relevant services, including drug and
not have homes to live in. be enacted and enforced.
alcohol abuse prevention and treatment, ensur-
35. A range of services and helping measures 54. No child or young person should be sub-
ing that such resources reach and actually ben-
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should be provided to deal with the difficul- jected to harsh or degrading correction or pun-
efit young persons.
ties experienced by young persons in the ishment measures at home, in schools or in any
46. The institutionalization of young persons
transition to adulthood. Such services should other institutions.
include special programmes for young drug should be a measure of last resort and for the
55. Legislation and enforcement aimed at
abusers which emphasize care, counselling, minimum necessary period, and the best inter-
restricting and controlling accessibility of
assistance and therapy-oriented interventions. ests of the young person should be of para- weapons of any sort to children and young per-
36. Voluntary organizations providing services mount importance. Criteria authorizing formal sons should be pursued.
for young persons should be given financial intervention of this type should be strictly 56. In order to prevent further stigmatization,
and other support by Governments and other defined and limited to the following situations: victimization and criminalization of young per-
institutions. (a) where the child or young person has suf- sons, legislation should be enacted to ensure
37. Youth organizations should be created or fered harm that has been inflicted by the par- that any conduct not considered an offence or
strengthened at the local level and given full ents or guardians; (b) where the child or young not penalized if committed by an adult is not
participatory status in the management of person has been sexually, physically or emo- considered an offence and not penalized if
community affairs. These organizations should tionally abused by the parents or guardians; (c) committed by a young person.
encourage youth to organize collective and vol- where the child or young person has been 57. Consideration should be given to the estab-
untary projects, particularly projects aimed at neglected, abandoned or exploited by the par- lishment of an office of ombudsman or similar
helping young persons in need of assistance. ents or guardians; (d) where the child or young independent organ, which would ensure that
38. Government agencies should take special person is threatened by physical or moral dan- the status, rights and interests of young per-
responsibility and provide necessary services ger due to the behaviour of the parents or sons are upheld and that proper referral to
for homeless or street children; information guardians; and (e) where a serious physical or available services is made. The ombudsman or
about local facilities, accommodation, employ- psychological danger to the child or young per- other organ designated would also supervise
ment and other forms and sources of help son has manifested itself in his or her own the implementation of the Riyadh Guidelines,
should be made readily available to young behaviour and neither the parents, the guard- the Beijing Rules and the Rules for the Protec-
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persons. ians, the juvenile himself or herself nor tion of Juveniles Deprived of their Liberty. The
39. A wide range of recreational facilities and non-residential community services can meet ombudsman or other organ would, at regular
services of particular interest to young persons the danger by means other than institutional- intervals, publish a report on the progress
should be established and made easily access- ization. made and on the difficulties encountered in
ible to them. 47. Government agencies should provide young the implementation of the instrument. Child
D. Mass media persons with the opportunity of continuing in advocacy services should also be established.
40. The mass media should be encouraged to full-time education, funded by the State where 58. Law enforcement and other relevant per-
ensure that young persons have access to parents or guardians are unable to support the sonnel, of both sexes, should be trained to
information and material from a diversity of young persons, and of receiving work experi- respond to the special needs of young persons
national and international sources. ence. and should be familiar with and use, to the
41. The mass media should be encouraged to 48. Programmes to prevent delinquency should maximum extent possible, programmes and
portray the positive contribution of young per- be planned and developed on the basis of reli- referral possibilities for the diversion of young
sons to society. able, scientific research findings, and periodi- persons from the justice system.
42. The mass media should be encouraged to cally monitored, evaluated and adjusted 59. Legislation should be enacted and strictly
disseminate information on the existence of accordingly. enforced to protect children and young persons
services, facilities and opportunities for young 49. Scientific information should be dissemin- from drug abuse and drug traffickers.
persons in society. ated to the professional community and to the
43. The mass media generally, and the televi- public at large about the sort of behaviour or
sion and film media in particular, should be situation which indicates or may result in VII. RESEARCH, POLICY DEVELOPMENT
encouraged to minimize the level of porno- physical and psychological victimization, harm AND COORDINATION
graphy, drugs and violence portrayed and to and abuse, as well as exploitation, of young 60. Efforts should be made and appropriate
display violence and exploitation disfavourably, persons. mechanisms established to promote, on both a

RIYADH GUIDELINES 723


......
multidisciplinary and an intradisciplinary basis, 63. Technical and scientific cooperation on questions related to children juvenile justice
interaction and coordination between eco- practical and policy-related matters, particu- and youth crime and juvenile delinquency pre-
nomic, social, education and health agencies larly in training, pilot and demonstration pro- vention.
and services, the justice system, youth, com- jects, and on specific issues concerning the 66. On the basis of the present Guidelines, the
munity and development agencies and other prevention of youth crime and juvenile delin- United Nations Secretariat, in cooperation with
relevant institutions. quency should be strongly supported by all interested institutions, should play an active
61. The exchange of information, experience Governments, the United Nations system and role in the conduct of research, scientific col-
and expertise gained through projects, pro- other concerned organizations. laboration, the formulation of policy options
grammes, practices and initiatives relating 64. Collaboration should be encouraged in and the review and monitoring of their imple-
to youth crime, delinquency prevention and undertaking scientific research with respect to mentation, and should serve as a source of reli-
juvenile justice should be intensified at the effective modalities for youth crime and juven- able information on effective modalities for
national, regional and international levels. ile delinquency prevention and the findings of delinquency prevention.
62. Regional and international cooperation on such research should be widely disseminated
matters of youth crime, delinquency preven- and evaluated.
tion and juvenile justice involving practi- 65. Appropriate United Nations bodies, insti-
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tioners, experts and decision makers should be tutes, agencies and offices should pursue close
further developed and strengthened. collaboration and coordination on various
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724 RIYADH GUIDELINES

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