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priorities of the public policies that the member states of the region put into practice for citizen security
should be measures to prevent violence and crime, which should include individualized measures and
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programs directed at persons who are serving a prison sentence.
141.
provide that:
Similarly, the United Nations Standard Minimum Rules for the Treatment of Prisoners
The purpose and justification of a sentence of imprisonment or a similar measure that deprives one
of liberty is ultimately to protect society against crime. This end can only be achieved if the period
of imprisonment is used to ensure, so far as possible, that upon his return to society the offender is
not only willing but able to lead a law-abiding and self-supporting life (Rule 58).
To this end, the institution should utilize all the remedial, educational, moral, spiritual and other
forces and forms of assistance which are appropriate and available, and should seek to apply them
according to the individual treatment needs of the prisoners. (Rule 59).
142.
For their part, the Principles and Best Practices on the Protection of Persons Deprived of
Liberty in the Americas are based on the concept that “punishments consisting of deprivation of liberty
shall have as an essential aim the reform, social re-adaptation and personal rehabilitation of those
convicted; their reintegration into society and family life; as well as the protection of both the victims and
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society.” .
2.
International standards on juvenile criminal justice and the sentence of life
imprisonment
143.
Given that there is an international corpus juris on the subject of the rights of children and
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adolescents, some discussion is warranted of the Convention on the Rights of the Child and the United
Nations Standard Minimum Rules for the Administration of Juvenile Justice (“Beijing Rules”) as they will be
useful in determining what the scope and content of the State’s obligations in this case are under Article 19
of the American Convention.
144.
As for the Convention on the Rights of the Child, the Commission would highlight the
following provisions:
Article 37:
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences
committed by persons below eighteen years of age;
(b) (…). The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used
only as a measure of last resort and for the shortest appropriate period of time.
Article 40:
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having
infringed the penal law to be treated in a manner consistent with the promotion of the child's sense
of dignity and worth, which reinforces the child's respect for the human rights and fundamental
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IACHR, Report on Citizen Security and Human Rights, approved December 31, 2009, para. 155. This report goes on
to observe that: “The obligations that the member states have undertaken vis-à-vis the human rights directly at stake in public
policies on citizen security make it incumbent upon them to design and put into practice programs to bring their codes of criminal
procedure, infrastructure, and the human and material resources assigned to the prison system to a level that guarantees that
sentences delivered by courts of law are served under conditions that strictly conform to international standards in this area.” (Para.
157).
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IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, approved by
the IACHR at its 131st Session, March 3 to 14, 2008. Preamble.
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Treaty ratified by Argentina on December 4, 1990.