12
Rule 18.2 points to the importance of the family which, according to article 10, paragraph l, of
the International Covenant on Economic, Social and Cultural Rights, is "the natural and
fundamental group unit of society". Within the family, the parents have not only the right but
also the responsibility to care for and supervise their children. Rule 18.2, therefore, requires
that the separation of children from their parents is a measure of last resort. It may be
resorted to only when the facts of the case clearly warrant this grave step (for example child
abuse).
19. Least possible use of institutionalization
19.1 The placement of a juvenile in an institution shall always be a disposition of last resort
and for the minimum necessary period.
Commentary
Progressive criminology advocates the use of non-institutional over institutional treatment.
Little or no difference has been found in terms of the success of institutionalization as
compared to non-institutionalization. The many adverse influences on an individual that seem
unavoidable within any institutional setting evidently cannot be outbalanced by treatment
efforts. This is especially the case for juveniles, who are vulnerable to negative influences.
Moreover, the negative effects, not only of loss of liberty but also of separation from the usual
social environment, are certainly more acute for juveniles than for adults because of their
early stage of development.
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.
20. Avoidance of unnecessary delay
20.1 Each case shall from the outset be handled expeditiously, without any unnecessary delay.
Commentary
The speedy conduct of formal procedures in juvenile cases is a paramount concern. Otherwise
whatever good may be achieved by the procedure and the disposition is at risk. As time
passes, the juvenile will find it increasingly difficult, if not impossible, to relate the procedure
and disposition to the offence, both intellectually and psychologically.
21. Records
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.
21.2 Records of juvenile offenders shall not be used in adult proceedings in subsequent cases
involving the same offender.
Commentary
The rule attempts to achieve a balance between conflicting interests connected with records or
files: those of the police, prosecution and other authorities in improving control versus the