Article 37: Inhuman punishment and detention

Convention text

The countries that have signed the Convention must ensure that:

  1. no child is subjected to torture or to any other inhuman punishment. No one may receive the death penalty or life imprisonment without the possibility of release for an offence committed while they were a child;
  2. no child is deprived of liberty unlawfully or without good reason. If a child is arrested, detained or imprisoned, this must be done in accordance with the law. It may only be done as a last resort and for the shortest possible time;
  3. a child who is deprived of liberty is always treated humanely and with respect. In doing so, they must take account of what a child of that age needs. Children who are deprived of liberty must be kept separate from adults, unless it is better for the child to be with adults. Every child also has the right to keep in contact with their family, for example through letters or visits. This may only be restricted in exceptional situations;
  4. a child who is deprived of liberty has the right to help from a lawyer or another person who can assist. The child may always ask a court or another fair and independent authority to decide whether the detention is lawful. A decision must be made quickly.

Key point

Children must not be deprived of their liberty without good reason. They must never be tortured or treated or punished in another cruel or inhumane way. Children must never receive the death penalty or life imprisonment.

Explanation

It is forbidden to deliberately cause children severe pain as punishment, or to treat or punish them in another cruel or inhumane way. Children must never receive the death penalty or life imprisonment. If a child has committed an offence, they may only be sent to prison if there is no other option, and for the shortest possible time. A judge, or an independent body, must always decide this.

This Article does not only apply to youth criminal law. It also applies to children who are deprived of liberty for another reason, such as:

  • youth care in a place they are not allowed to leave;
  • treatment for mental health problems in an institution they are not allowed to leave;
  • detention of children from another country who are not allowed to remain in the Netherlands.

Every child has the right to help from a lawyer or another person who can assist. Children must not be detained together with adults, unless this is better for the child. All children who are deprived of liberty have the right to good treatment, education and contact with their family.

Sometimes adult criminal law can apply to children aged 16 and 17

The Netherlands has made separate arrangements about this Article of the Convention. If a child aged 16 or 17 has committed a very serious offence, a judge may give that child an adult sentence. The law states when this is possible.

The Netherlands also cannot promise that children will always be kept separate from adults in detention. According to the government, there is sometimes not enough space for this.

You can read more about youth criminal law in Article 40: Youth Criminal Justice.