Christian Bochmann, “The Riyadh Guidelines” in:

Christian Bochmann

Entwicklung eines europäischen Jugendstrafrechts, page 337 - 344

1. Edition 2009, ISBN print: 978-3-8329-4057-7, ISBN online: 978-3-8452-1343-9

Series: Kieler Rechtswissenschaftliche Abhandlungen (NF), vol. 56

Bibliographic information
337 Anhang 2.3: “The Riyadh Guidelines” UNITED NATIONS GUIDELINES FOR THE PREVENTION OF JUVENILE DELINQUEN- CY (“THE RIYADH GUIDELINES”) Adopted and proclaimed by General Assembly resolution 45/112 of 14 December 1990 I. FUNDAMENTAL PRINCIPLES 1. The prevention of juvenile delinquency is an essential part of crime prevention in society. By engaging in lawful, socially useful activities and adopting a humanistic orientation towards society and outlook on life, young persons can develop non-criminogenic attitudes. 2. The successful prevention of juvenile delinquency requires efforts on the part of the entire society to ensure the harmonious development of adolescents, with respect for and promotion of their personality from early childhood. 3. For the purposes of the interpretation of the present Guidelines, a child-centred orientation should be pursued. Young persons should have an active role and partnership within society and should not be considered as mere objects of socialization or control. 4. In the implementation of the present Guidelines, in accordance with national legal systems, the well-being of young persons from their early childhood should be the focus of any preventive programme. 5. The need for and importance of progressive delinquency prevention policies and the systematic study and the elaboration of measures should be recognized. These should avoid criminalizing and penalizing a child for behaviour that does not cause serious damage to the development of the child or harm to others. Such policies and measures should involve: (a) The provision of opportunities, in particular educational opportunities, to meet the varying needs of young persons and to serve as a supportive framework for safeguarding the personal development of all young persons, particularly those who are demonstrably endangered or at social risk and are in need of special care and protection; (b) Specialized philosophies and approaches for delinquency prevention, on the basis of laws, processes, institutions, facilities and a service delivery network aimed at reducing the motivation, need and opportunity for, or conditions giving rise to, the commission of infractions; (c) Of? cial intervention to be pursued primarily in the overall interest of the young person and guided by fairness and equity; (d) Safeguarding the well-being, development, rights and interests of all young persons; (e) Consideration that youthful behaviour or conduct that does not conform to overall social norms and values is often part of the maturation and growth process and tends to disappear spontaneously in most individuals with the transition to adulthood; (f) Awareness that, in the predominant opinion of experts, labelling a young person as „deviant“‘, „delinquent“ or „pre-delinquent“ often contributes to the development of a consistent pattern of undesirable behaviour by young persons. 6. Community-based services and programmes should be developed for the prevention of juvenile delinquency, particularly where no agencies have yet been established. Formal agencies of social control should only be utilized as a means of last resort. II. SCOPE OF THE GUIDELINES 7. The present Guidelines should be interpreted and implemented within the broad framework of the Universal Declaration of Human Rights, the International Covenant on 338 Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Declaration of the Rights of the Child and the Convention on the Rights of the Child, and in the context of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), as well as other instruments and norms relating to the rights, interests and well-being of all children and young persons. 8. The present Guidelines should also be implemented in the context of the economic, social and cultural conditions prevailing in each Member State. III. GENERAL PREVENTION 9. Comprehensive prevention plans should be instituted at every level of Government and include the following: (a) In-depth analyses of the problem and inventories of programmes, services, facilities and resources available; (b) Well-de? ned responsibilities for the quali? ed agencies, institutions and personnel involved in preventive efforts; (c) Mechanisms for the appropriate co-ordination of prevention efforts between governmental and non-governmental agencies; (d) Policies, programmes and strategies based on prognostic studies to be continuously monitored and carefully evaluated in the course of implementation; (e) Methods for effectively reducing the opportunity to commit delinquent acts; (f) Community involvement through a wide range of services and programmes; (g) Close interdisciplinary co-operation between national, State, provincial and local governments, with the involvement of the private sector, representative citizens of the community to be served, and labour, child-care, health education, social, law enforcement and judicial agencies in taking concerted action to prevent juvenile delinquency and youth crime; (h) Youth participation in delinquency prevention policies and processes, including recourse to community resources, youth self-help, and victim compensation and assistance programmes; (i) Specialized personnel at all levels. IV. SOCIALIZATION PROCESSES 10. Emphasis should be placed on preventive policies facilitating the successful socialization and integration of all children and young persons, in particular through the family, the community, peer groups, schools, vocational training and the world of work, as well as through voluntary organizations. Due respect should be given to the proper personal development of children and young persons, and they should be accepted as full and equal partners in socialization and integration processes. A. Family 11. Every society should place a high priority on the needs and well-being of the family and of all its members. 12. Since the family is the central unit responsible for the primary socialization of children, governmental and social efforts to preserve the integrity of the family, including the extended family, should be pursued. The society has a responsibility to assist the family in providing care and protection and in ensuring the physical and mental well-being of children. Adequate arrangements including day-care should be provided. 13. Governments should establish policies that are conducive to the bringing up of children in stable and settled family environments. Families in need of assistance in the resolution of conditions of instability or con? ict should be provided with requisite services. 14. Where a stable and settled family environment is lacking and when community efforts to assist parents in this regard have failed and the extended family cannot ful? l this role, alterna- 339 tive placements, including foster care and adoption, should be considered. Such placements should replicate, to the extent possible, a stable and settled family environment, while, at the same time, establishing a sense of permanency for children, thus avoiding problems associated with „foster drift“. 15. Special attention should be given to children of families affected by problems brought about by rapid and uneven economic, social and cultural change, in particular the children of indigenous, migrant and refugee families. As such changes may disrupt the social capacity of the family to secure the traditional rearing and nurturing of children, often as a result of role and culture con? ict, innovative and socially constructive modalities for the socialization of children have to be designed. 16. Measures should be taken and programmes developed to provide families with the opportunity to learn about parental roles and obligations as regards child development and child care, promoting positive parent-child relationships, sensitizing parents to the problems of children and young persons and encouraging their involvement in family and community-based activities. 17. Governments should take measures to promote family cohesion and harmony and to discourage the separation of children from their parents, unless circumstances affecting the welfare and future of the child leave no viable alternative. 18. It is important to emphasize the socialization function of the family and extended family; it is also equally important to recognize the future role, responsibilities, participation and partnership of young persons in society. 19. In ensuring the right of the child to proper socialization, Governments and other agencies should rely on existing social and legal agencies, but, whenever traditional institutions and customs are no longer effective, they should also provide and allow for innovative measures. B. Education 20. Governments are under an obligation to make public education accessible to all young persons. 21. Education systems should, in addition to their academic and vocational training activities, devote particular attention to the following: (a) Teaching of basic values and developing respect for the child‘s own cultural identity and patterns, for the social values of the country in which the child is living, for civilizations different from the child‘s own and for human rights and fundamental freedoms; (b) Promotion and development of the personality, talents and mental and physical abilities of young people to their fullest potential; (c) Involvement of young persons as active and effective participants in, rather than mere objects of, the educational process; (d) Undertaking activities that foster a sense of identity with and of belonging to the school and the community; (e) Encouragement of young persons to understand and respect diverse views and opinions, as well as cultural and other differences; (f) Provision of information and guidance regarding vocational training, employment opportunities and career development; (g) Provision of positive emotional support to young persons and the avoidance of psychological maltreatment; (h) Avoidance of harsh disciplinary measures, particularly corporal punishment. 22. Educational systems should seek to work together with parents, community organizations and agencies concerned with the activities of young persons. 340 23. Young persons and their families should be informed about the law and their rights and responsibilities under the law, as well as the universal value system, including United Nations instruments. 24. Educational systems should extend particular care and attention to young persons who are at social risk. Specialized prevention programmes and educational materials, curricula, approaches and tools should be developed and fully utilized. 25. Special attention should be given to comprehensive policies and strategies for the prevention of alcohol, drug and other substance abuse by young persons. Teachers and other professionals should be equipped and trained to prevent and deal with these problems. Information on the use and abuse of drugs, including alcohol, should be made available to the student body. 26. Schools should serve as resource and referral centres for the provision of medical, counselling and other services to young persons, particularly those with special needs and suffering from abuse, neglect, victimization and exploitation. 27. Through a variety of educational programmes, teachers and other adults and the student body should be sensitized to the problems, needs and perceptions of young persons, particularly those belonging to underprivileged, disadvantaged, ethnic or other minority and low-income groups. 28. School systems should attempt to meet and promote the highest professional and educational standards with respect to curricula, teaching and learning methods and approaches, and the recruitment and training of quali? ed teachers. Regular monitoring and assessment of performance by the appropriate professional organizations and authorities should be ensured. 29. School systems should plan, develop and implement extracurricular activities of interest to young persons, in co-operation with community groups. 30. Special assistance should be given to children and young persons who ? nd it dif? cult to comply with attendance codes, and to „drop-outs“. 31. Schools should promote policies and rules that are fair and just; students should be represented in bodies formulating school policy, including policy on discipline, and decisionmaking. C. Community 32. Community-based services and programmes which respond to the special needs, problems, interests and concerns of young persons and which offer appropriate counselling and guidance to young persons and their families should be developed, or strengthened where they exist. 33. Communities should provide, or strengthen where they exist, a wide range of communitybased support measures for young persons, including community development centres, recreational facilities and services to respond to the special problems of children who are at social risk. In providing these helping measures, respect for individual rights should be ensured. 34. Special facilities should be set up to provide adequate shelter for young persons who are no longer able to live at home or who do not have homes to live in. 35. A range of services and helping measures should be provided to deal with the dif? culties experienced by young persons in the transition to adulthood. Such services should include special programmes for young drug abusers which emphasize care, counselling, assistance and therapy-oriented interventions. 36. Voluntary organizations providing services for young persons should be given ? nancial and other support by Governments and other institutions. 37. Youth organizations should be created or strengthened at the local level and given full participatory status in the management of community affairs. These organizations should encourage youth to organize collective and voluntary projects, particularly projects aimed at helping young persons in need of assistance. 341 38. Government agencies should take special responsibility and provide necessary services for homeless or street children; information about local facilities, accommodation, employment and other forms and sources of help should be made readily available to young persons. 39. A wide range of recreational facilities and services of particular interest to young persons should be established and made easily accessible to them. D. Mass media 40. The mass media should be encouraged to ensure that young persons have access to information and material from a diversity of national and international sources. 41. The mass media should be encouraged to portray the positive contribution of young persons to society. 42. The mass media should be encouraged to disseminate information on the existence of services, facilities and opportunities for young persons in society. 43. The mass media generally, and the television and ? lm media in particular, should be encouraged to minimize the level of pornography, drugs and violence portrayed and to display violence and exploitation disfavourably, as well as to avoid demeaning and degrading presentations, especially of children, women and interpersonal relations, and to promote egalitarian principles and roles. 44. The mass media should be aware of its extensive social role and responsibility, as well as its in? uence, in communications relating to youthful drug and alcohol abuse. It should use its power for drug abuse prevention by relaying consistent messages through a balanced approach. Effective drug awareness campaigns at all levels should be promoted. V. SOCIAL POLICY 45. Government agencies should give high priority to plans and programmes for young persons and should provide suf? cient funds and other resources for the effective delivery of services, facilities and staff for adequate medical and mental health care, nutrition, housing and other relevant services, including drug and alcohol abuse prevention and treatment, ensuring that such resources reach and actually bene? t young persons. 46. The institutionalization of young persons should be a measure of last resort and for the minimum necessary period, and the best interests of the young person should be of paramount importance. Criteria authorizing formal intervention of this type should be strictly de? ned and limited to the following situations: (a) where the child or young person has suffered harm that has been in? icted by the parents or guardians; (b) where the child or young person has beensexually, physically or emotionally abused by the parents or guardians; (c) where the child or young person has been neglected, abandoned or exploited by the parents or guardians; (d) where the child or young person is threatened by physical or moral danger due to the behaviour of the parents or guardians; and (e) where a serious physical or psychological danger to the child or young person has manifested itself in his or her own behaviour and neither the parents, the guardians, the juvenile himself or herself nor non-residential community services can meet the danger by means other than institutionalization. 47. Government agencies should provide young persons with the opportunity of continuing in full-time education, funded by the State where parents or guardians are unable to support the young persons, and of receiving work experience. 48. Programmes to prevent delinquency should be planned and developed on the basis of reliable, scienti? c research ? ndings, and periodically monitored, evaluated and adjusted accordingly. 49. Scienti? c information should be disseminated to the professional community and to the public at large about the sort of behaviour or situation which indicates or may result in physical 342 and psychological victimization, harm and abuse, as well as exploitation, of young persons. 50. Generally, participation in plans and programmes should be voluntary. Young persons themselves should be involved in their formulation, development and implementation. 51. Government should begin or continue to explore, develop and implement policies, measures and strategies within and outside the criminal justice system to prevent domestic violence against and affecting young persons and to ensure fair treatment to these victims of domestic violence. VI. LEGISLATION AND JUVENILE JUSTICE ADMINISTRATION 52. Governments should enact and enforce speci? c laws and procedures to promote and protect the rights and well-being of all young persons. 53. Legislation preventing the victimization, abuse, exploitation and the use for criminal activities of children and young persons should be enacted and enforced. 54. 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. 55. Legislation and enforcement aimed at restricting and controlling accessibility of weapons of any sort to children and young persons should be pursued. 56. In order to prevent further stigmatization, victimization and criminalization of young persons, legislation should be enacted to ensure that any conduct not considered an offence or not penalized if committed by an adult is not considered an offence and not penalized if committed by a young person. 57. Consideration should be given to the establishment of an of? ce of ombudsman or similar independent organ, which would ensure that the status, rights and interests of young persons are upheld and that proper referral to available services is made. The ombudsman or other organ designated would also supervise the implementation of the Riyadh Guidelines, the Beijing Rules and the Rules for the Protection of Juveniles Deprived of their Liberty. The ombudsman or other organ would, at regular intervals, publish a report on the progress made and on the dif- ? culties encountered in the implementation of the instrument. Child advocacy services should also be established. 58. Law enforcement and other relevant personnel, of both sexes, should be trained to respond to the special needs of young persons and should be familiar with and use, to the maximum extent possible, programmes and referral possibilities for the diversion of young persons from the justice system. 59. Legislation should be enacted and strictly enforced to protect children and young persons from drug abuse and drug traf? ckers. VII. RESEARCH, POLICY DEVELOPMENT AND COORDINATION 60. Efforts should be made and appropriate mechanisms established to promote, on both a multidisciplinary and an intradisciplinary basis, interaction and coordination between economic, social, education and health agencies and services, the justice system, youth, community and development agencies and other relevant institutions. 61. The exchange of information, experience and expertise gained through projects, programmes, practices and initiatives relating to youth crime, delinquency prevention and juvenile justice should be intensi? ed at the national, regional and international levels. 62. Regional and international co-operation on matters of youth crime, delinquency prevention and juvenile justice involving practitioners, experts and decision makers should be further developed and strengthened. 63. Technical and scienti? c cooperation on practical and policy-related matters, particularly in training, pilot and demonstration projects, and on speci? c issues concerning the prevention of 343 youth crime and juvenile delinquency should be strongly supported by all Governments, the United Nations system and other concerned organizations. 64. Collaboration should be encouraged in undertaking scienti? c research with respect to effective modalities for youth crime and juvenile delinquency prevention and the ? ndings of such research should be widely disseminated and evaluated. 65. Appropriate United Nations bodies, institutes, agencies and of? ces should pursue close collaboration and coordination on various questions related to children juvenile justice and youth crime and juvenile delinquency prevention. 66. On the basis of the present Guidelines, the United Nations Secretariat, in cooperation with interested institutions, should play an active role in the conduct of research, scienti? c collaboration, the formulation of policy options and the review and monitoring of their implementation, and should serve as a source of reliable information on effective modalities for delinquency prevention. 344 Anhang 2.4: “The Havana Rules” UNITED NATIONS RULES FOR THE PROTECTION OF JUVENILES DEPRIVED OF THEIR LIBERTY (“THE HAVANA RULES”) Adopted by General Assembly resolution 45/113 of 14 December 1990 I. Fundamental perspectives 1. The juvenile justice system should uphold the rights and safety and promote the physical and mental well-being of juveniles. Imprisonment should be used as a last resort. 2. Juveniles should only be deprived of their liberty in accordance with the principles and procedures set forth in these Rules and in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules). Deprivation of the liberty of a juvenile should be a disposition of last resort and for the minimum necessary period and should be limited to exceptional cases. The length of the sanction should be determined by the judicial authority, without precluding the possibility of his or her early release. 3. The Rules are intended to establish minimum standards accepted by the United Nations for the protection of juveniles deprived of their liberty in all forms, consistent with human rights and fundamental freedoms, and with a view to counteracting the detrimental effects of all types of detention and to fostering integration in society. 4. The Rules should be applied impartially, without discrimination of any kind as to race, colour, sex, age, language, religion, nationality, political or other opinion, cultural beliefs or practices, property, birth or family status, ethnic or social origin, and disability. The religious and cultural beliefs, practices and moral concepts of the juvenile should be respected. 5. The Rules are designed to serve as convenient standards of reference and to provide encouragement and guidance to professionals involved in the management of the juvenile justice system. 6. The Rules should be made readily available to juvenile justice personnel in their national languages. Juveniles who are not ? uent in the language spoken by the personnel of the detention facility should have the right to the services of an interpreter free of charge whenever necessary, in particular during medical examinations and disciplinary proceedings. 7. Where appropriate, States should incorporate the Rules into their legislation or amend it accordingly and provide effective remedies for their breach, including compensation when injuries are in? icted on juveniles. States should also monitor the application of the Rules. 8. The competent authorities should constantly seek to increase the awareness of the public that the care of detained juveniles and preparation for their return to society is a social service of great importance, and to this end active steps should be taken to foster open contacts between the juveniles and the local community. 9. Nothing in the Rules should be interpreted as precluding the application of the relevant United Nations and human rights instruments and standards, recognized by the international community, that are more conducive to ensuring the rights, care and protection of juveniles, children and all young persons. 10. In the event that the practical application of particular Rules contained in sections II to V, inclusive, presents any con? ict with the Rules contained in the present section, compliance with the latter shall be regarded as the predominant requirement. II. Scope and application of the rules 11. For the purposes of the Rules, the following de? nitions should apply:

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Die Jugendstrafrechtssysteme in Europa sind sehr verschieden. Anhand des Rechtsvergleichs und der Rechtsentwicklung in der EU und mittels der Völkerrechtsinstrumente zur Jugendgerichtsbarkeit formuliert der Autor Elementarteile eines Europäischen Jugendstrafrechts. Behandelt werden:

• Konzeption und Zielsetzung

• Alter und Prüfung der Strafbarkeit

• der Umgang mit jungerwachsenen Tätern

• Diversion und Entkriminalisierung

• der Sanktionskatalog nebst Freiheitsentzug

Neben einer Analyse von Trends in der Jugendkriminalität und kriminologischer Erklärungsansätze werden die Wünschbarkeit und Zweckmäßigkeit einer gemeineuropäischen Rahmenstrategie im Jugendstrafrecht erörtert sowie Harmonisierungswege für die europäische Integration aufgezeigt.

Die Arbeit bündelt verstreute Reformansätze auf nationaler und internationaler Ebene zu einem neuen Anlauf. Sie hilft, eine zeitgemäße und angemessene Reaktion auf die verschiedenen Formen der Jugenddelinquenz zu erarbeiten. Sie richtet sich an Wissenschaftler, Politiker und Praktiker im Jugendrecht.

Der Autor war Doktorand und Mitarbeiter an der Forschungsstelle für Jugendstrafrecht und Kriminalprävention der Christian-Albrechts-Universität Kiel.