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interests of the juvenile offender. (See also rule 8.) "Other duly authorized persons" would
generally include, among others, researchers.
22. Need for professionalism and training
22.1 Professional education, in-service training, refresher courses and other appropriate
modes of instruction shall be utilized to establish and maintain the necessary professional
competence of all personnel dealing with juvenile cases.
22.2 Juvenile justice personnel shall reflect the diversity of juveniles who come into contact
with the juvenile justice system. Efforts shall be made to ensure the fair representation of
women and minorities in juvenile justice agencies.
Commentary
The authorities competent for disposition may be persons with very different backgrounds
(magistrates in the United Kingdom of Great Britain and Northern Ireland and in regions
influenced by the common law system; legally trained judges in countries using Roman law
and in regions influenced by them; and elsewhere elected or appointed laymen or jurists,
members of community-based boards, etc.). For all these authorities, a minimum training in
law, sociology, psychology, criminology and behavioural sciences would be required. This is
considered as important as the organizational specialization and independence of the
competent authority.
For social workers and probation officers, it might not be feasible to require professional
specialization as a prerequisite for taking over any function dealing with juvenile offenders.
Thus, professional on-the job instruction would be minimum qualifications.
Professional qualifications are an essential element in ensuring the impartial and effective
administration of juvenile justice. Accordingly, it is necessary to improve the recruitment,
advancement and professional training of personnel and to provide them with the necessary
means to enable them to properly fulfil their functions.
All political, social, sexual, racial, religious, cultural or any other kind of discrimination in the
selection, appointment and advancement of juvenile justice personnel should be avoided in
order to achieve impartiality in the administration of juvenile justice. This was recommended
by the Sixth Congress. Furthermore, the Sixth Congress called on Member States to ensure
the fair and equal treatment of women as criminal justice personnel and recommended that
special measures should be taken to recruit, train and facilitate the advancement of female
personnel in juvenile justice administration.
Part four
NON-INSTITUTIONAL TREATMENT
23. Effective implementation of disposition
23.1 Appropriate provisions shall be made for the implementation of orders of the competent
authority, as referred to in rule 14.1 above, by that authority itself or by some other authority
as circumstances may require.
23.2 Such provisions shall include the power to modify the orders as the competent authority
may deem necessary from time to time, provided that such modification shall be determined
in accordance with the principles contained in these Rules.
Commentary