necessary use of force for the shortest possible period of time12 and with due care in
order to prevent unnecessary acts of force.13 Therefore, the elimination of violent
and humiliating punishments for children is an immediate and unconditional
obligation of the States Parties.14 Accordingly, all disciplinary measures that
constitute cruel, inhumane or degrading treatment, including physical punishment,
isolation, as well as any other punishment that would jeopardize the physical or
mental health of the minors, are strictly prohibited.15
23. In addition, the Court reiterates that Article 1.1 of the Convention establishes
the general obligations of States Parties to respect the rights and freedoms
recognized therein and to guarantee their free and full enjoyment for any person
subject to its jurisdiction, which are imposed not only in relation to the State’s power
but also in relation to the actions of third parties. The Court has pointed out that
regardless of the existence of specific provisional measures, the State is especially
obligated to guarantee the rights of persons deprived of their liberty.16
24.
For all the aforementioned reasons, the Court deems it necessary to maintain
the provisional measures in order to protect the mental and physical integrity of the
children and adolescents detained at the Socio-Educational Internment Facility and
that of the other persons in that establishment. Therefore, the State must continue
to take the steps necessary to ensure that the provisional measures in the instant
matter are planned and implemented with the participation of the representatives of
the beneficiaries, so that these measures are provided in a diligent and effective
manner. The Court emphasizes that it is essential to guarantee access by the
representatives to UNIS and to ensure their active participation, and that of the
State, in the implementation of the instant provisional measures.
In view of the foregoing, in its next report the State shall submit to the Court
25.
detailed information on: a) the progress made and measures taken for the
implementation of the Agreement for the Improvement of Socio-Educational
Assistance, in particular, on the disciplinary evaluation commissions and the
distribution of employees working at UNIS, and b) the measures adopted to prevent
12
Cf. General Comment No. 8, supra note 11, para.15, and Order of the Inter-American Court
regarding the Request for an Advisory Opinion submitted by the Inter-American Commission, supra note
10, Considering paragraph 6.
13
Cf. Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional
Measures regarding Brazil. Provisional Measures regarding Brazil. Order of the Inter-American Court of
Human Rights of November 30, 2005, Considering paragraph 14, and Matter of the Socio-Educational
Internment Facility. Provisional Measures regarding Brazil. Order of the Inter-American Court of Human
Rights of September 1, 2011, Considering paragraph 6.
14
Cf. General Comment No. 8, supra note 11, para.22, and Order of the Inter-American Court
regarding the Request for an Advisory Opinion submitted by the Inter-American Commission, supra note
10, Considering paragraph 6.
15
Cf. Case of the Children and Adolescents Detained at the “Complexo do Tatuapé” of FEBEM, supra
note 13, Considering paragraph 13, and Matter of the Socio-Educational Internment Facility, supra note 6,
Considering paragraph 21. See also, UN Rules for the Protection of Juveniles Deprived of their Liberty
adopted by the General Assembly in Resolution 45/113, of December 14, 1990, rule 67.
16
Cf. Matter of the Mendoza Prisons. Provisional Measures regarding Argentina. Order of the
President of the Inter-American Court of Human Rights of August 22, 2007, Considering paragraph 16,
and Matter of the Socio-Educational Internment Facility, supra note 6, Considering paragraph 23.
10