15
26.4 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.
26.5 In the interest and well-being of the institutionalized juvenile, the parents or guardians
shall have a right of access.
26.6 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.
Commentary
The objectives of institutional treatment as stipulated in rules 26.1 and 26.2 would be
acceptable to any system and culture. However, they have not yet been attained everywhere,
and much more has to be done in this respect.
Medical and psychological assistance, in particular, are extremely important for
institutionalized drug addicts, violent and mentally ill young persons.
The avoidance of negative influences through adult offenders and the safeguarding of the wellbeing of juveniles in an institutional setting, as stipulated in rule 26.3, are in line with one of
the basic guiding principles of the Rules, as set out by the Sixth Congress in its resolution 4.
The rule does not prevent States from taking other measures against the negative influences
of adult offenders, which are at least as effective as the measures mentioned in the rule. (See
also rule 13.4.)
Rule 26.4 addresses the fact that female offenders normally receive less attention than their
male counterparts. as pointed out by the Sixth Congress. In particular, resolution 9 of the
Sixth Congress calls for the fair treatment of female offenders at every stage of criminal
justice processes and for special attention to their particular problems and needs while in
custody. Moreover, this rule should also be considered in the light of the Caracas Declaration
of the Sixth Congress, which, inter alia , calls for equal treatment in criminal justice
administration, and against the background of the Declaration on the Elimination of
Discrimination against Women and the Convention on the Elimination of All Forms of
Discrimination against Women.
The right of access (rule 26.5) follows from the provisions of rules 7.1, 10.1, 15.2 and 18.2.
Inter-ministerial and inter-departmental co-operation (rule 26.6) are of particular importance
in the interest of generally enhancing the quality of institutional treatment and training.
27. Application of the Standard Minimum Rules for the Treatment of Prisoners
adopted by the United Nations
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.
27.2 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.
Commentary
The Standard Minimum Rules for the Treatment of Prisoners were among the first instruments
of this kind to be promulgated by the United Nations. It is generally agreed that they have had