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( a ) The reaction taken shall always be in proportion not only to the circumstances and the
gravity of the offence but also to the circumstances and the needs of the juvenile as well as to
the needs of the society;
( b ) Restrictions on the personal liberty of the juvenile shall be imposed only after careful
consideration and shall be limited to the possible minimum;
( c ) Deprivation of personal liberty shall not be imposed unless the juvenile is adjudicated of a
serious act involving violence against another person or of persistence in committing other
serious offences and unless there is no other appropriate response;
( d ) The well-being of the juvenile shall be the guiding factor in the consideration of her or his
case.
17.2 Capital punishment shall not be imposed for any crime committed by juveniles.
17.3 Juveniles shall not be subject to corporal punishment.
17.4 The competent authority shall have the power to discontinue the proceedings at any
time.
Commentary
The main difficulty in formulating guidelines for the adjudication of young persons stems from
the fact that there are unresolved conflicts of a philosophical nature, such as the following:
( a ) Rehabilitation versus just desert;
( b ) Assistance versus repression and punishment;
( c ) Reaction according to the singular merits of an individual case versus reaction according
to the protection of society in general;
( d ) General deterrence versus individual incapacitation.
The conflict between these approaches is more pronounced in juvenile cases than in adult
cases. With the variety of causes and reactions characterizing juvenile cases, these
alternatives become intricately interwoven.
It is not the function of the Standard Minimum Rules for the Administration of Juvenile Justice
to prescribe which approach is to be followed but rather to identify one that is most closely in
consonance with internationally accepted principles. Therefore the essential elements as laid
down in rule 17.1, in particular in subparagraphs (a) and (c), are mainly to be understood as
practical guidelines that should ensure a common starting point; if heeded by the concerned
authorities (see also rule 5), they could contribute considerably to ensuring that the
fundamental rights of juvenile offenders are protected, especially the fundamental rights of
personal development and education.
Rule 17.1 ( b ) implies that strictly punitive approaches are not appropriate. Whereas in adult
cases, and possibly also in cases of severe offences by juveniles, just desert and retributive
sanctions might be considered to have some merit, in juvenile cases such considerations
should always be outweighed by the interest of safeguarding the well-being and the future of
the young person.
In line with resolution 8 of the Sixth United Nations Congress, rule 17.1 ( b ) encourages the
use of alternatives to institutionalization to the maximum extent possible, bearing in mind the
need to respond to the specific requirements of the young. Thus, full use should be made of
the range of existing alternative sanctions and new alternative sanctions should be developed,