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bearing the public safety in mind. Probation should be granted to the greatest possible extent
via suspended sentences, conditional sentences, board orders and other dispositions.
Rule 17.1 ( c ) corresponds to one of the guiding principles in resolution 4 of the Sixth
Congress which aims at avoiding incarceration in the case of juveniles unless there is no other
appropriate response that will protect the public safety.
The provision prohibiting capital punishment in rule 17.2 is in accordance with article 6,
paragraph 5, of the International Covenant on Civil and Political Rights.
The provision against corporal punishment is in line with article 7 of the International
Covenant on Civil and Political Rights and the Declaration on the Protection of All Persons from
Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
as well as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and the draft convention on the rights of the child.
The power to discontinue the proceedings at any time (rule 17.4) is a characteristic inherent in
the handling of juvenile offenders as opposed to adults. At any time, circumstances may
become known to the competent authority which would make a complete cessation of the
intervention appear to be the best disposition of the case.
18. Various disposition measures
18.1 A large variety of disposition measures shall be made available to the competent
authority, allowing for flexibility so as to avoid institutionalization to the greatest extent
possible. Such measures, some of which may be combined, include:
( a ) Care, guidance and supervision orders;
( b ) Probation;
( c ) Community service orders;
( d ) Financial penalties, compensation and restitution;
( e ) Intermediate treatment and other treatment orders;
( f ) Orders to participate in group counselling and similar activities;
( g ) Orders concerning foster care, living communities or other educational settings;
( h ) Other relevant orders.
18.2 No juvenile shall be removed from parental supervision, whether partly or entirely,
unless the circumstances of her or his case make this necessary.
Commentary
Rule 18.1 attempts to enumerate some of the important reactions and sanctions that have
been practised and proved successful thus far, in different legal systems. On the whole they
represent promising opinions that deserve replication and further development. The rule does
not enumerate staffing requirements because of possible shortages of adequate staff in some
regions; in those regions measures requiring less staff may be tried or developed.
The examples given in rule 18.1 have in common, above all, a reliance on and an appeal to
the community for the effective implementation of alternative dispositions. Community-based
correction is a traditional measure that has taken on many aspects. On that basis, relevant
authorities should be encouraged to offer community-based services.