Background paper no. 8
June 2003

Correlation of Prisoners’ Issues and Conditions
to International Covenants and Treaties:
An AFSC Resource Guide

AFSC New York Metropolitan Regional Office (NYMRO)
Criminal Justice Program, Prison Watch Project
972 Broad Street, 6th Floor, Newark, NJ 07102
Tel: (973) 643-3079, Fax: (973) 643-8924, e-mail: bkerness@afsc.org

Correlation of Prisoners’ Issues and Conditions to International Covenants/Treaties: An
AFSC Resource Guide

Table of Contents

Introduction _______________________________________________________________ 3
Correlation of Issues to International Conventions, Treaties and Declaration __ 4

Compensation/reparation

_____________________________________________ 6

Death Penalty __________________________________________________________

7

Institutions/officials ___________________________________________________

8

Medical care ___________________________________________________________

9

Prisoners ______________________________________________________________
Political prisoners

12

____________________________________________________ 12

Torture/Isolation______________________________________________________

13

Racism/discrimination ________________________________________________

15

Rape ___________________________________________________________________

17

Women ________________________________________________________________

18

Youth __________________________________________________________________

21

Annex I (Treaties, Conventions, Minimum Standards, Rules, Declarations and
Principles) ________________________________________________________________ 26
Annex II (Treaty Ratification by the United States) __________________________ 28

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Introduction
Since 1975, the Criminal Justice Program of the American Friends Service Committee in
Newark, New Jersey has articulated its concern with the United States’ violation of prisoners’
human rights.
Since 1992, the AFSC Prison Watch Project has monitored the use of extended sensory
deprivation, racism, brutality and the use of devices of torture in prisons across the country.
Prison Watch has received testimonies from countless men and women held in prison conditions
of egregious violations of international law, including the Convention Against Torture, ratified
by the U.S. in 1994.
Over the years, the AFSC has received thousands of calls and letters from prisoners and family
members complaining of the use of electric stun belts, stun guns, restraint chairs, restraint tables,
and prison chain gangs. We continue to receive complaints of sexual assault of female prisoners,
detention of minors, racism, brutality and other violations of human rights. In our efforts to speak
about these concerns, we have used the language of United Nations treaties and covenants. It is
our hope that through weaving this language into our own, the concepts of human rights law will
find their way into the police, court and prison justice systems.
The importance and implementation of the wide range of international standards has practical
relevance as a guide in the daily life of the U.S. criminal justice system. Correlation of
Prisoners’ Issues and Conditions to International Conventions and Treaties: An AFSC Resource
Guide has been developed to empower those who advocate for prisoners rights. It emphasizes
the importance that the U.S., as part of the world community, cannot continue to violate the basic
human rights of prisoners while criticizing other countries for such violations.
The Resource Guide correlates the most relevant major issues and conditions existing in U.S.
prisons to international standards as stipulated in international human rights agreements. It
contains texts of the pertinent international treaties, conventions, declarations and rules,
standards and principles in relation to the major issues.
In addition, Annex I of the Guide provides the status of ratification by the U.S. of the most
relevant international human rights treaties and conventions (with a definition of treaty terms),
and Annex II leads to links of the complete official documents of all the relevant human rights
instruments.
This Resource Guide is born of the valiant attempts by prisoners to keep lawyers, advocates,
loved ones and family members alert to what is happening to the powerless. We hope it will
enable advocates for prisoners’ rights to infuse the right language in their work and future
dealings with the U.S. criminal justice system.
Nardos Assefa
Bonnie Kerness
June 2003

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Correlation of Issues to International Conventions, Treaties and Declaration

ICESCR

International Conventions, Treaties and Declaration
ICCPR
ICERD
CEDWA
CAT
CRC

Issues
Article
No.
Compensation/Reparation
Death Penalty

Article
No.
Article
14 (6)
Article 6
(1), (2)
(5)

Article
No.
Article 6

Article
No.

Political Prisoners
Prisoners

Torture, isolation

Articles
10
(1&2),
11, 12
Article
12 (1)

Article 5
(2)
Article 19
Articles
6 (1), 10
(1)
Article 7

Article 5
(b)
Articles
1, 4 (1),
(2)

Article 5

Articles
2 (a), 5
(a)

Racism/discrimination

Rape
Women

Youth

Article
No.

Article 3

Institutions/officials

Medical Care

Article
No.

UN
Declaration
of Human
Rights
Article No.

Articles 1,
2 (d) &
(g), 5 (1)
Article
10 (3)

Articles
1, 6, 37,
40

International Covenant on Economic, Social and Cultural Rights (CESCR)
International Convention on Civil and Political Rights (CCPR)
International Convention on the Elimination of all forms of Racial Discrimination (CERD)
Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT)
Convention on the Rights of the Child (CRC)
In addition to this chart, each issue contains additional text drawn from the following UN
Declarations, Standard Rules and Principles.

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Basic Principles for the Treatment of Prisoners
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment
Declaration on the Elimination of Violence Against Women
Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in
the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
Standard Minimum Rules for the Treatment of Prisoners
Safeguards guaranteeing protection of the rights of those facing the death penalty
United Nations Rules for the Protection of Juveniles Deprived of their Liberty
United Nations Standard Minimum Rules for the Administration of Juvenile Justice

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Compensation/reparation

International Covenant on Civil and Political Rights (ICCPR)
Article 14
(6) When a person has by a final decision been convicted of a criminal offence and when
subsequently his conviction has been reversed or has been pardoned on the ground that a new or
newly discovered fact shows conclusively that there has been a miscarriage of justice, the person
who has suffered punishment as a result of such a conviction shall be compensated according to
law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly
attributable to him.
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
Article 6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies,
through the competent national tribunals and other State institutions, against any acts of racial
discrimination which violate his human rights and fundamental freedoms contrary to this
Convention, as well as the right to seek from such tribunals just and adequate reparation or
satisfaction for any damage suffered as a result of such discrimination

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Death Penalty
Universal Declaration of Human Rights
Article 3
Everyone has the right to life, liberty and security of person
International Covenant on Civil and Political Rights (CCPR)
Article 6
(1) Every human being has the inherent right to life. This right shall be protected by law.
No one shall be arbitrarily deprived of his life.
(2) In countries which have not abolished the death penalty, sentence of death may be
imposed only for the most serious comes in accordance with the law in force at the time
of the commission of the crime and not contrary to the provision of the present Covenant
and to the Convention on the Prevention and Punishment of the Crime of Genocide. This
penalty can only be carried out pursuant to a final judgment rendered by a competent
court.
(5) Sentence of death shall not be imposed for crimes committed by person below eighteen
years of age….
(6) Nothing in this article shall be invoked to delay or to prevent the abolition of capital
punishment by any State Party to the present Covenant.
Safeguards guaranteeing protection of the rights of those facing the death penalty
Article 9
Where capital punishment occurs, it shall be carried out so as to inflict the minimum possible
suffering.

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Institutions/Officials
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT)
Article 10
(1) Each State Party shall ensure that education and information regarding the prohibition against
torture are fully included in the training of law enforcement personnel, civil or military, medical
personnel, public officials and other persons who may be involved in the custody, interrogation
or treatment of any individual subjected to any form of arrest, detention or imprisonment.
(2) Each State Party shall include this prohibition in the rules or instructions issued in regard to
the duties and functions of any such person.
Article 11
Each State Party shall keep under systematic review interrogation rules, instructions, methods
and practices as well as arrangements for the custody and treatment of persons subjected to any
form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to
preventing any cases of torture.
Article 12
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial
investigation, wherever there is reasonable ground to believe that an act of torture has been
committed in any territory under its jurisdiction.
Standard Minimum Rules for the Treatment of Prisoners
Rule 27
Discipline and order shall be maintained with firmness, but with no more restriction than is
necessary for safe custody and well-ordered community life.

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Medical care
International Covenant on Economic, Social and Cultural Rights (CESCR)
Article 12
(1) The States Parties to the present Covenant recognize the right of everyone to the enjoyment
of the highest attainable standard of physical and mental health.
Basic Principles for the Treatment of Prisoners
Principle 9
Prisoners shall have access to the health services available in the country without discrimination
on the grounds of their legal situation.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment
Principle 24
A proper medical examination shall be offered to a detained or imprisoned person as promptly as
possible after his admission to the place of detention or imprisonment, and thereafter medical
care and treatment shall be provided whenever necessary. This care and treatment shall be
provided free of charge.
Standard Minimum Rules for the Treatment of Prisoners
Rule 10
All accommodation provided for the use of prisoners and in particular all sleeping
accommodation shall meet all requirements of health, due regard being paid to climatic
conditions and particularly to cubic content of air, minimum floor space, lighting, heating and
ventilation.
Rule 12
The sanitary installations shall be adequate to enable every prisoner to comply with the needs of
nature when necessary and in a clean and decent manner.
Rule 13
Adequate bathing and shower installations shall be provided so that every prisoner may be
enabled and required to have a bath or shower, at a temperature suitable to the climate, as

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frequently as necessary for general hygiene according to season and geographical region, but at
least once a week in a temperate climate.
Rule 22
(1) At every institution there shall be available the services of at least one qualified medical
officer who should have some knowledge of psychiatry. The medical services should be
organized in close relationship to the general health administration of the community or
nation. They shall include a psychiatric service for the diagnosis and, in proper cases, the
treatment of states of mental abnormality.
(2) Sick prisoners who require specialist treatment shall be transferred to specialized
institutions or to civil hospitals. Where hospital facilities are provided in an institution,
their equipment, furnishings and pharmaceutical supplies shall be proper for the medical
care and treatment of sick prisoners, and there shall be a staff of suitable trained officers.
(3) The services of a qualified dental officer shall be available to every prisoner.
Rule 25
1) The medical officer shall have the care of the physical and mental health of the prisoners and
should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his
attention is specially directed.
Rule 26
(1) The medical officer shall regularly inspect and advise the director upon:
(a) The quantity, quality, preparation and service of food;
(b) The hygiene and cleanliness of the institution and the prisoners;
(c) The sanitation, heating, lighting and ventilation of the institution;
(d) The suitability and cleanliness of the prisoners' clothing and bedding;
(e) The observance of the rules concerning physical education and sports, in cases where there is
no technical personnel in charge of these activities.
Rule 62
The medical services of the institution shall seek to detect and shall treat any physical or mental
illnesses or defects which may hamper a prisoner's rehabilitation. All necessary medical, surgical
and psychiatric services shall be provided to that end.

Principles of Medical Ethics relevant to the Role of Health Personnel, particularly
Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment

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Principle 1
Health personnel, particularly physicians, charged with the medical care of prisoners and
detainees have a duty to provide them with protection of their physical and mental health and
treatment of disease of the same quality and standard as is afforded to those who are not
imprisoned or detained.

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Prisoners
Basic Principles for the Treatment of Prisoners
Principle 1
All prisoners shall be treated with the respect due to their inherent dignity and value as human
beings.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment
Principle 1
All persons under any form of detention or imprisonment shall be treated in a humane manner
and with respect for the inherent dignity of the human person.
International Covenant on Civil and Political Rights (CCPR)
Article 10
(1) All per persons deprived of their liberty shall be treated with humanity and with respect for
the dignity of the human person.
(3)The penitentiary system shall comprise treatment of prisoners the essential of which shall be
their reformation and social rehabilitation.
.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT)
Article 13 – Each State Party shall ensure that any individual who alleges he has been subjected
to torture in any territory under its jurisdiction has the right to complain to, and to have his case
promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure
that the complainant and witnesses are protected against all ill-treatment or intimidation as a
consequence of his complaint or any evidence given.

Political prisoners
Universal Declaration of Human Rights
Article 19 – Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.
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Torture/Isolation
International Covenant on Civil and Political Rights (CCPR)
Article 7 – No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT)
Article 1
…the term "torture" means any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third
person information or a confession, punishing him for an act he or a third person has committed
or is suspected of having committed, or intimidating or coercing him or a third person, or for any
reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other person acting in an
official capacity.
Article 4
(1) Each State Party shall ensure that all acts of torture are offences under its criminal law.
The same shall apply to an attempt to commit torture and to an act by any person which
constitutes complicity or participation in torture.
(2) Each State Party shall make these offences punishable by appropriate penalties which
take into account their grave nature.

Standard Minimum Rules for the Treatment of Prisoners
Rule 30
(1) No prisoner shall be punished except in accordance with the terms of such law or
regulation, and never twice for the same offence.
(2) No prisoner shall be punished unless he has been informed of the offence alleged against
him and given a proper opportunity of presenting his defence. The competent authority
shall conduct a thorough examination of the case.
Rule 31
Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading
punishments shall be completely prohibited as punishments for disciplinary offences.

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Rule 32
(1) Punishment by close confinement or reduction of diet shall never be inflicted unless the
medical officer has examined the prisoner and certified in writing that he is fit to sustain
it.
(2) The same shall apply to any other punishment that may be prejudicial to the physical or
mental health of a prisoner. In no case may such punishment be contrary to or depart
from the principle stated in rule 31.
(3) The medical officer shall visit daily prisoners undergoing such punishments and shall
advise the director if he considers the termination or alteration of the punishment
necessary on grounds of physical or mental health.
Rule 33
Instruments of restraint, such as handcuffs, chains, irons and strait-jacket, shall never be applied
as a punishment. Furthermore, chains or irons shall not be used as restraints. Other instruments
of restraint shall not be used except in the following circumstances:
a) As a precaution against escape during a transfer, provided that they shall be removed when the
prisoner appears before a judicial or administrative authority;
b) On medical grounds by direction of the medical officer;
c) By order of the director, if other methods of control fail, in order to prevent a prisoner from
injuring himself or others or from damaging property; in such instances the director shall at once
consult the medical officer and report to the higher administrative authority.

Basic Principles for the Treatment of Prisoners
Principle 7
Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of
its use, should be undertaken and encouraged.

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Racism/discrimination
Universal Declaration of Human Rights
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or
international status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.
International Covenant on Civil and Political Rights
Article 27
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members of their group, to
enjoy their own culture, to profess and practise their own religion, or to use their own language.

International Convention on the Elimination of all Forms of Racial Discrimination (CERD)
Article 2 – States Parties condemn racial discrimination and undertake to pursue by all
appropriate means and without delay a policy of eliminating racial discrimination in all its forms
and promoting understanding among all races, and, to this end:
(a) Each State Party undertakes to engage in no act or practice of racial discrimination against
persons, groups of persons or institutions and to en sure that all public authorities and public
institutions, national and local, shall act in conformity with this obligation;
Article 5 - … States Parties undertake to prohibit and to eliminate racial discrimination in all its
forms and to guarantee the right of everyone, without distinction as to race, colour, or national or
ethnic origin, to equality before the law….
(a) The right to equal treatment before the tribunals and all other organs administering justice;

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(b) The right to security of person and protection by the State against violence or bodily harm,
whether inflicted by government officials or by any individual group or institution.
Basic Principles for the Treatment of Prisoners
Principle 2
There shall be no discrimination on the grounds of race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment
Principle 5 (1)
These principles shall be applied to all persons within the territory of any given State, without
distinction of any kind, such as race, colour, sex, language, religion or religious belief, political
or other opinion, national, ethnic or social origin, property, birth or other status.

Standard Minimum Rules for the Treatment of Prisoners
(1) Prisoners who are foreign nationals shall be allowed reasonable facilities to communicate
with the diplomatic and consular representatives of the State to which they belong.
(2) Prisoners who are nationals of States without diplomatic or consular representation in the
country and refugees or stateless persons shall be allowed similar facilities to
communicate with the diplomatic representative of the State which takes charge of their
interests or any national or international authority whose task it is to protect such persons.

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Rape
Declaration on the Elimination of Violence against Women

Article 2
Violence against women shall be understood to encompass, but not be limited to, the following:
(a) Physical, sexual and psychological violence occurring in the family, including battering,
sexual abuse of female children in the household, dowry-related violence, marital rape, female
genital mutilation and other traditional practices harmful to women, non-spousal violence and
violence related to exploitation;
(b) Physical, sexual and psychological violence occurring within the general community,
including rape, sexual abuse, sexual harassment and intimidation at work, in educational
institutions and elsewhere, trafficking in women and forced prostitution;
(c) Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it
occurs.

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Women
Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
Article 1 - … the term “discrimination against women” shall mean any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, or human rights and fundamental freedoms in the political,
economic, social, cultural, civic or any other field.
Article 2
(d) To refrain from engaging in any act or practice of discrimination against women and to
ensure that public authorities and institutions shall act in conformity with this obligation
(g) To repeal all national penal provisions which constitute discrimination against women.
Article 5
States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other practices which are based on
the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men
and women;
International Covenant on Civil and Political Rights (CCPR)
Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women
to the enjoyment of all civil and political rights set forth in the present Covenant.

Declaration on the Elimination of Violence against Women
Article 2
Violence against women shall be understood to encompass, but not be limited to, the following:
(c) Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it
occurs.

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Article 4
States should condemn violence against women and should not invoke any custom, tradition or
religious consideration to avoid their obligations with respect to its elimination. States should
pursue by all appropriate means and without delay a policy of eliminating violence against
women and, to this end, should:
(c) Exercise due diligence to prevent, investigate and, in accordance with national
legislation, punish acts of violence against women, whether those acts are perpetrated by
the State or by private persons
(i) Take measures to ensure that law enforcement officers and public officials responsible
for implementing policies to prevent, investigate and punish violence against women
receive training to sensitize them to the needs of women.

Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment
Principle 5
(2) Measures applied under the law and designed solely to protect the rights and special status of
women, especially pregnant women and nursing mothers, children and juveniles, aged, sick or
handicapped persons shall not be deemed to be discriminatory. The need for, and the application
of, such measures shall always be subject to review by a judicial or other authority.
Standard Minimum Rules for the Treatment of Prisoners
Rule 8
Men and women shall so far as possible be detained in separate institutions; in an institution
which receives both men and women the whole of the premises allocated to women shall be
entirely separate
Rule 23
(1) In women's institutions there shall be special accommodation for all necessary pre-natal
and post-natal care and treatment. Arrangements shall be made wherever practicable for
children to be torn in a hospital outside the institution. If a child is born in prison, this fact
shall not be mentioned in the birth certificate.
(2) Where nursing infants are allowed to remain in the institution with their mothers,
provision shall be made for a nursery staffed by qualified persons, where the infants shall
be placed when they are not in the care of their mothers.

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Rule 53
(1) In an institution for both men and women, the part of the institution set aside for women
shall be under the authority of a responsible woman officer who shall have the custody of
the keys of all that part of the institution.
(2) No male member of the staff shall enter the part of the institution set aside for women
unless accompanied by a woman officer.
(3) Women prisoners shall be attended and supervised only by women officers. This does
not, however, preclude male members of the staff, particularly doctors and teachers, from
carrying out their professional duties in institutions or parts of institutions set aside for
women.

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Youth
International Covenant on Civil and Political Rights (CCPR)
Article 6
(5) Sentence of death shall not be imposed for crimes committed by person below eighteen years
of age and shall not be carried out on pregnant women.
Article 10
(3) The penitentiary system shall comprise treatment of prisoners the essential of which shall be
their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults
and be accorded treatment appropriate to their age and legal status.
Convention on the Rights of the Child (CRC)
Article 1 - For the purposes of the present Convention, a child means every human being below
the age of eighteen years unless under the law applicable to the child, majority is attained earlier.
Article 6
1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of the
child.
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment. Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention
or imprisonment of a child shall be in conformity with the law and shall be used only as a
measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent
dignity of the human person, and in a manner which takes into account the needs of persons of
his or her age. In particular, every child deprived of liberty shall be separated from adults unless
it is considered in the child's best interest not to do so and shall have the right to maintain contact
with his or her family through correspondence and visits, save in exceptional circumstances;

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(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and
other appropriate assistance, as well as the right to challenge the legality of the deprivation of his
or her liberty before a court or other competent, independent and impartial authority, and to a
prompt decision on any such action.
Article 40
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having
infringed the penal law to be treated in a manner consistent with the promotion of the child's
sense of dignity and worth, which reinforces the child's respect for the human rights and
fundamental freedoms of others and which takes into account the child's age and the desirability
of promoting the child's reintegration and the child's assuming a constructive role in society.
2. To this end, and having regard to the relevant provisions of international instruments, States
Parties shall, in particular, ensure that:
(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law
by reason of acts or omissions that were not prohibited by national or international law at the
time they were committed;
(b) Every child alleged as or accused of having infringed the penal law has at least the following
guarantees:
(i) To be presumed innocent until proven guilty according to law;
(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate,
through his or her parents or legal guardians, and to have legal or other appropriate assistance in
the preparation and presentation of his or her defence;
(iii) To have the matter determined without delay by a competent, independent and impartial
authority or judicial body in a fair hearing according to law, in the presence of legal or other
appropriate assistance and, unless it is considered not to be in the best interest of the child, in
particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined
adverse witnesses and to obtain the participation and examination of witnesses on his or her
behalf under conditions of equality;
(v) If considered to have infringed the penal law, to have this decision and any measures
imposed in consequence thereof reviewed by a higher competent, independent and impartial
authority or judicial body according to law;
(vi) To have the free assistance of an interpreter if the child cannot understand or speak the
language used;
(vii) To have his or her privacy fully respected at all stages of the proceedings.
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and
institutions specifically applicable to children alleged as, accused of, or recognized as having
infringed the penal law, and, in particular:
(a) The establishment of a minimum age below which children shall be presumed not to have the
capacity to infringe the penal law;

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(b) Whenever appropriate and desirable, measures for dealing with such children without
resorting to judicial proceedings, providing that human rights and legal safeguards are fully
respected.
4. A variety of dispositions, such as care, guidance and supervision orders; counselling;
probation; foster care; education and vocational training programmes and other alternatives to
institutional care shall be available to ensure that children are dealt with in a manner appropriate
to their well-being and proportionate both to their circumstances and the offence.

United Nations Standard Minimum Rules for the Administration of Juvenile Justice
Rule 13
Detention pending trial
(1) Detention pending trial shall be used only as a measure of last resort and for the shortest
possible period of time.
(2) Whenever possible, detention pending trial shall be replaced by alternative measures,
such as close supervision, intensive care or placement with a family or in an educational
setting or home.
(3) Juveniles under detention pending trial shall be entitled to all rights and guarantees of the
Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations.
(4) Juveniles under detention pending trial shall be kept separate from adults and shall be
detained in a separate institution or in a separate part of an institution also holding adults.
(5) While in custody, juveniles shall receive care, protection and all necessary individual
assistance-social, educational, vocational, psychological, medical and physical-that they
may require in view of their age, sex and personality.
Rule 19
Rule 19 aims at restricting institutionalization in two regards: in quantity ("last resort,,) and in
time ("minimum necessary period"). Rule 19 reflects one of the basic guiding principles of
resolution 4 of the Sixth United Nations Congress: a juvenile offender should not be incarcerated
unless there is no other appropriate response. The rule, therefore, makes the appeal that if a
juvenile must be institutionalized, the loss of liberty should be restricted to the least possible
degree, with special institutional arrangements for confinement and bearing in mind the
differences in kinds of offenders, offences and institutions. In fact, priority should be given to
"open" over "closed" institutions. Furthermore, any facility should be of a correctional or
educational rather than of a prison type.
Rule 21
(1) Records of juvenile offenders shall be kept strictly confidential and closed to third
parties. Access to such records shall be limited to persons directly concerned with the
disposition of the case at hand or other duly authorized persons.

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Rule 26
Objectives of institutional treatment
1. The objective of training and treatment of juveniles placed in institutions is to provide care,
protection, education and vocational skills, with a view to assisting them to assume socially
constructive and productive roles in society.
2. Juveniles in institutions shall receive care, protection and all necessary assistance-social,
educational, vocational, psychological, medical and physical-that they may require because of
their age, sex, and personality and in the interest of their wholesome development .
3. Juveniles in institutions shall be kept separate from adults and shall be detained in a separate
institution or in a separate part of an institution also holding adults.
4. Young female offenders placed in an institution deserve special attention as to their personal
needs and problems. They shall by no means receive less care, protection, assistance, treatment
and training than young male offenders. Their fair treatment shall be ensured.
5. In the interest and well-being of the institutionalized juvenile, the parents or guardians shall
have a right of access.
6. Inter-ministerial and inter-departmental co-operation shall be fostered for the purpose of
providing adequate academic or, as appropriate, vocational training to institutionalized juveniles,
with a view to ensuring that they do no leave the institution at an educational disadvantage.
Rule 27
1. The Standard Minimum Rules for the Treatment of Prisoners and related recommendations
shall be applicable as far as relevant to the treatment of juvenile offenders in institutions,
including those in detention pending adjudication.
2. Efforts shall be made to implement the relevant principles laid down in the Standard
Minimum Rules for the Treatment of Prisoners to the largest possible extent so as to meet the
varying needs of juveniles specific to their age, sex and personality.
Rule 29
Efforts shall be made to provide semi-institutional arrangements, such as half-way houses,
educational homes, day-time training centres and other such appropriate arrangements that may
assist juveniles in their proper reintegration into society.
United Nations Rules for the Protection of Juveniles Deprived of their Liberty
Rule 11
For the purposes of the Rules, the following definitions should apply:
(a) A juvenile is every person under the age of 18. The age limit below which it should not be
permitted to deprive a child of his or her liberty should be determined by law;

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(b) The deprivation of liberty means any form of detention or imprisonment or the placement of
a person in a public or private custodial setting, from which this person is not permitted to leave
at will, by order of any judicial, administrative or other public authority.

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Annex I (Treaties, Conventions, Minimum Standards, Rules, Declarations and
Principles)
International Covenant on Economic, Social and Cultural Rights (CESCR)
http://www.unhchr.ch/html/menu3/b/a_cescr.htm
International Convention on Civil and Political Rights (CCPR)
http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
International Convention on the Elimination of all forms of Racial Discrimination (CERD)
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)
http://www.unhchr.ch/html/menu3/b/e1cedaw.htm
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT)
http://www.unhchr.ch/html/menu3/b/h_cat39.htm
Convention on the Rights of the Child (CRC)
http://www.unhchr.ch/html/menu2/6/crc/treaties/crc.htm

Basic Principles for the Treatment of Prisoners
http://193.194.138.190/html/menu3/b/h_comp35.htm
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment
http://193.194.138.190/html/menu3/b/h_comp36.htm
Declaration on the Elimination of Violence Against Women
http://193.194.138.190/huridocda/huridoca.nsf/(Symbol)/A.RES.48.104.En?Opendocument
Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
http://193.194.138.190/html/menu3/b/h_comp38.htm
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in
the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
http://193.194.138.190/html/menu3/b/h_comp40.htm
Standard Minimum Rules for the Treatment of Prisoners
http://193.194.138.190/html/menu3/b/h_comp34.htm

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Safeguards guaranteeing protection of the rights of those facing the death penalty
http://193.194.138.190/html/menu3/b/h_comp41.htm
United Nations Rules for the Protection of Juveniles Deprived of their Liberty
http://193.194.138.190/html/menu3/b/h_comp37.htm
United Nations Standard Minimum Rules for the Administration of Juvenile Justice
http://193.194.138.190/html/menu3/b/h_comp48.htm
Universal Declaration of Human Rights
http://www.unhchr.ch/udhr/lang/eng.htm

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Annex II (Treaty Ratification by the United States)
Treaty
International Covenant on Economic, Social
and Cultural Rights (CESCR)
International Convention on Civil and
Political Rights (CCPR)
Optional Protocol to the International
Covenant on Civil and Political Rights
(CCPR-OPT
Second Optional Protocol to the
International Covenant on Civil and
Political Rights, aimed at the abolition of the
death penalty (CCPR-OPT2)
UN Convention on the Elimination of all
forms of Racial Discrimination (CERD)
UN Convention on the Elimination of all
forms of Discrimination Against Women
(CEDAW)
The Optional Protocol to the Convention on
the Elimination of All Forms of
Discrimination against Women (CEDAWOP)
UN Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment (CAT)
UN Convention on the Rights of the Child
(CRC)
The Optional Protocol to the Convention on
the Rights of the Child (CRC-OP-AC) on
the involvement of children in armed
conflict
The Optional Protocol to the Convention on
the Rights of the Child (CRP-OP-SC) on the
sale of children, child prostitution and child
pornography
International Convention on the Protection
of the Rights of All Migrant Workers and
Members of their Families (MWC)

Signature
October 5, 1977

Ratification

June 8, 1992

October 21, 1994
July 17, 1980

October 21, 1994

February 16, 1995
July 5, 2000

July 5, 2000

Definitions of treaty terms:
Ratification: defines the international act whereby a state indicates its consent to be bound to a
treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties,
ratification is usually accomplished by exchanging the requisite instruments, while in the case of
multilateral treaties the usual procedure is for the depositary to collect the ratifications of all
states, keeping all parties informed of the situation. The institution of ratification grants states the
necessary time-frame to seek the required approval for the treaty on the domestic level and to
enact the necessary legislation to give domestic effect to that treaty.
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Signature Subject to Ratification, Acceptance or Approval: Where the signature is subject to
ratification, acceptance or approval, the signature does not establish the consent to be bound.
However, it is a means of authentication and expresses the willingness of the signatory state to
continue the treaty-making process. The signature qualifies the signatory state to proceed to
ratification, acceptance or approval. It also creates an obligation to refrain, in good faith, from
acts that would defeat the object and the purpose of the treaty.
Acceptance and Approval: The instruments of "acceptance" or "approval" of a treaty have the
same legal effect as ratification and consequently express the consent of a state to be bound by a
treaty. In the practice of certain states acceptance and approval have been used instead of
ratification when, at a national level, constitutional law does not require the treaty to be ratified
by the head of state.
Accession: is the act whereby a state accepts the offer or the opportunity to become a party to a
treaty already negotiated and signed by other states. It has the same legal effect as ratification.
Accession usually occurs after the treaty has entered into force. The Secretary-General of the
United Nations, in his function as depositary, has also accepted accessions to some conventions
before their entry into force. The conditions under which accession may occur and the procedure
involved depend on the provisions of the treaty. A treaty might provide for the accession of all
other states or for a limited and defined number of states. In the absence of such a provision,
accession can only occur where the negotiating states were agreed or subsequently agree on it in
the case of the state in question.

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