( 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;
( 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.
12. The deprivation of liberty should be effected in conditions and circumstances which ensure respect
for the human rights of juveniles. Juveniles detained in facilities should be guaranteed the benefit of
meaningful activities and programmes which would serve to promote and sustain their health and selfrespect, to foster their sense of responsibility and encourage those attitudes and skills that will assist
them in developing their potential as members of society.
13. Juveniles deprived of their liberty shall not for any reason related to their status be denied the
civil, economic, political, social or cultural rights to which they are entitled under national or
international law, and which are compatible with the deprivation of liberty.
14. The protection of the individual rights of juveniles with special regard to the legality of the
execution of the detention measures shall be ensured by the competent authority, while the objectives
of social integration should be secured by regular inspections and other means of control carried out,
according to international standards, national laws and regulations, by a duly constituted body
authorized to visit the juveniles and not belonging to the detention facility.
15. The Rules apply to all types and forms of detention facilities in which juveniles are deprived of their
liberty. Sections I, II, IV and V of the Rules apply to all detention facilities and institutional settings in
which juveniles are detained, and section III applies specifically to juveniles under arrest or awaiting
16. The Rules shall be implemented in the context of the economic, social and cultural conditions
prevailing in each Member State.
III. Juveniles under arrest or awaiting trial
17. Juveniles who are detained under arrest or awaiting trial ("untried") are presumed innocent and
shall be treated as such. Detention before trial shall be avoided to the extent possible and limited to
exceptional circumstances. Therefore, all efforts shall be made to apply alternative measures. When
preventive detention is nevertheless used, juvenile courts and investigative bodies shall give the
highest priority to the most expeditious processing of such cases to ensure the shortest possible
duration of detention. Untried detainees should be separated from convicted juveniles.
18. The conditions under which an untried juvenile is detained should be consistent with the rules set
out below, with additional specific provisions as are necessary and appropriate, given the requirements
of the presumption of innocence, the duration of the detention and the legal status and circumstances
of the juvenile. These provisions would include, but not necessarily be restricted to, the following:
( a ) Juveniles should have the right of legal counsel and be enabled to apply for free legal aid, where
such aid is available, and to communicate regularly with their legal advisers. Privacy and confidentiality
shall be ensured for such communications;
( b ) Juveniles should be provided, where possible, with opportunities to pursue work, with
remuneration, and continue education or training, but should not be required to do so. Work,
education or training should not cause the continuation of the detention;
( c ) Juveniles should receive and retain materials for their leisure and recreation as are compatible
with the interests of the administration of justice.
IV. The management of juvenile facilities