United Nations Guidelines for the Prevention of
Juvenile Delinquency (The Riyadh Guidelines), G.A. res. 45/112,
annex, 45 U.N. GAOR Supp. (No. 49A) at 201, U.N. Doc. A/45/49
(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) Official 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
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-defined responsibilities for the
qualified 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 conflict 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
fulfil this role, alternative 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 conflict, 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.
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 qualified
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 find it difficult 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
decision-making.
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 community-based 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 difficulties 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 financial 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.
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 film 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
influence, 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 sufficient 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 benefit
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 defined and limited to the following
situations: (a) where the child or young person has suffered harm
that has been inflicted by the parents or guardians; (b) where the
child or young person has been sexually, 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, scientific
research findings, and periodically monitored, evaluated and
adjusted accordingly.
49. Scientific 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 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
specific 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 office 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 difficulties 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 traffickers.
VII. RESEARCH, POLICY DEVELOPMENT AND CO-ORDINATION
60. Efforts should be made and appropriate
mechanisms established to promote, on both a multidisciplinary and
an intradisciplinary basis, interaction and co-ordination 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 intensified 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 scientific co-operation on
practical and policy-related matters, particularly in training,
pilot and demonstration projects, and on specific issues
concerning the prevention of 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 scientific research with respect to effective
modalities for youth crime and juvenile delinquency prevention and
the findings of such research should be widely disseminated and
evaluated.
65. Appropriate United Nations bodies,
institutes, agencies and offices should pursue close collaboration
and co-ordination 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 co-operation with interested
institutions, should play an active role in the conduct of
research, scientific 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. |