5
Rule 7.1 emphasizes some important points that represent essential elements for a fair and
just trial and that are internationally recognized in existing human rights instruments (See
also rule 14.). The presumption of innocence, for instance, is also to be found in article 11 of
the Universal Declaration of Human rights and in article 14, paragraph 2, of the International
Covenant on Civil and Political Rights.
Rules 14 seq. of these Standard Minimum Rules specify issues that are important for
proceedings in juvenile cases, in particular, while rule 7.1 affirms the most basic procedural
safeguards in a general way.
8. Protection of privacy
8.1 The juvenile's right to privacy shall be respected at all stages in order to avoid harm being
caused to her or him by undue publicity or by the process of labelling.
8.2 In principle, no information that may lead to the identification of a juvenile offender shall
be published.
Commentary
Rule 8 stresses the importance of the protection of the juvenile's right to privacy. Young
persons are particularly susceptible to stigmatization. Criminological research into labelling
processes has provided evidence of the detrimental effects (of different kinds) resulting from
the permanent identification of young persons as "delinquent" or "criminal".
Rule 8 stresses the importance of protecting the juvenile from the adverse effects that may
result from the publication in the mass media of information about the case (for example the
names of young offenders, alleged or convicted). The interest of the individual should be
protected and upheld, at least in principle. (The general contents of rule 8 are further specified
in rule 2 1.)
9. Saving clause
9.1 Nothing in these Rules shall be interpreted as precluding the application of the Standard
Minimum Rules for the Treatment of Prisoners adopted by the United Nations and other human
rights instruments and standards recognized by the international community that relate to the
care and protection of the young.
Commentary
Rule 9 is meant to avoid any misunderstanding in interpreting and implementing the present
Rules in conformity with principles contained in relevant existing or emerging international
human rights instruments and standards-such as the Universal Declaration of Human Rights,
the International Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights, and the Declaration of the Rights of the Child and the
draft convention on the rights of the child. It should be understood that the application of the
present Rules is without prejudice to any such international instruments which may contain
provisions of wider application. (See also rule 27.)
Part two
INVESTIGATION AND PROSECUTION
10. Initial contact
10.1 Upon the apprehension of a juvenile, her or his parents or guardian shall be immediately
notified of such apprehension, and, where such immediate notification is not possible, the
parents or guardian shall be notified within the shortest possible time thereafter.