Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, U.N. Doc. A/66/268 (5 August 2011)
(Juan Mendez)
• “States should abolish the use of solitary confinement for juveniles ….
Regarding disciplinary measures for juveniles, the Special Rapporteur
recommends that States should take other measures that do not involve
the use of solitary confinement. …” [86]
Committee on the Rights of the Child, General Comment No 10 (2007)
Children’s rights in juvenile justice, CRC/C/GC/10 (25 April 2007)
• “The Committee wishes to emphasize that, inter alia, the following principles
and rules need to be observed in all cases of deprivation of liberty:
− Children should be provided with a physical environment and
accommodations which are in keeping with the rehabilitative aims of
residential placement, and due regard must be given to their needs for
privacy, sensory stimuli, opportunities to associate with their peers, and to
participate in sports, physical exercise, in arts, and leisure time activities;
…
− Restraint or force can be used only when the child poses an imminent
threat of injury to him or herself or others, and only when all other means of
control have been exhausted. The use of restraint or force, including physical,
mechanical and medical restraints, should be under close and direct control
of a medical and/or psychological professional. It must never be used as a
means of punishment. Staff of the facility should receive training on the
applicable standards and members of the staff who use restraint or force in
violation of the rules and standards should be punished appropriately;
− Any disciplinary measure must be consistent with upholding the inherent
dignity of the juvenile and the fundamental objectives of institutional care;
disciplinary measures in violation of article 37 of CRC must be strictly
forbidden, including corporal punishment, placement in a dark cell, closed
or solitary confinement, or any other punishment that may compromise the
physical or mental health or well-being of the child concerned; …”
Disabled people, including persons with mental illness
Report of the Special Rapporteur on the rights of persons with disabilities,
U.N. Doc. A/HRC/40/54 (11 January 2019) (Catalina Devendas-Aguilar)
• “Deprivation of liberty as a result of diversion from the criminal justice
system is also a common practice across jurisdictions (A/HRC/37/25). When
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