Universal Periodic Review

Evaluate the achievement of the objective of preventing juveniles and young adults who have committed crimes for the first time from pursuing a criminal career

Proponent:

League

Österreichische Liga für Menschenrechte

Rahlgasse 1/26, A-1060 Wien

http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League

Österreichische Liga für Menschenrechte

Rahlgasse 1/26, A-1060 Wien

http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

Remarks to progress by Liga (last modified Dec 31, 2024):

A reform was implemented in the area of juvenile criminal justice. This includes the creation of organisationally separate juvenile courts and penal institutions. The aim of this measure is to take better account of the specific needs of juvenile offenders and to ensure individualised, rehabilitative treatment. Previously, juveniles were still often placed in general prisons, which led to a lack of age-appropriate care.
The reform now ensures that separate courts and detention centres are created for juveniles, which are geared towards the special legal and social needs of this age group. This is intended to provide better support for both the prevention of reoffending and reintegration into society after a prison sentence.
This development is taking place against the backdrop of international standards in juvenile criminal law, which call for adults and juveniles to be treated separately, particularly with regard to education and resocialisation.

Fully implement the recommendations of the UN study on child detention

Proponent:

League

Österreichische Liga für Menschenrechte

Rahlgasse 1/26, A-1060 Wien

http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League

Österreichische Liga für Menschenrechte

Rahlgasse 1/26, A-1060 Wien

http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

Remarks to progress by Liga (last modified Dec 31, 2024):

In Austria, the implementation of the recommendations of the UN study on the deprivation of liberty of children has been further analysed and examined in recent years. The study, which was published in 2019, looked at global standards and practices in dealing with the deprivation of liberty of children and adolescents and focussed on alternative measures to detention. These recommendations aim to consider deprivation of liberty as the last step and to ensure that less restrictive measures that can avoid or minimise the loss of liberty are always considered first. In Austria, the way in which these recommendations are already being implemented and where there is a need for action was examined, particularly in the area of juvenile criminal justice and the care of refugee children and children with disabilities. A key issue was the availability of alternative measures to deprivation of liberty and the participation of children and young people in the relevant decision-making processes. It was noted that there are still structural and organisational challenges in some areas, particularly with regard to the practice of placement and dealing with children’s psychological and developmental needs. There are also efforts to focus more on children’s rights and to create better monitoring of the circumstances in which children are deprived of their liberty. Further adjustments to the UN recommendations should help to improve the conditions for young people placed in institutions and to develop alternatives that enable less stressful and traumatising treatment. The full implementation of these recommendations is an ongoing process that also involves close cooperation with relevant stakeholders such as the Ombudsman for Children and Youths and the Ombudsman Board (information on the KJ Wien website: https://kija-wien.at/freiheitsentzug-was-er-ist-und-was-er-aus-kinderrechtlicher-perspektive-bedeutet/).

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