Article 37
You have the right not to be punished in a cruel or harmful way.
Content note: This article discusses violence.
Article 37 says children and young people:
- shouldn’t be tortured
- shouldn’t be imprisoned for life with no chance of release
- shouldn’t lose their freedom for no reason or in a way that is illegal.
Being arrested
Article 37 covers what happens if a child or young person commits a crime. It says they shouldn’t be arrested unless there are no other options, and that they have a right for lawyers to give them advice about their situation and represent them in court.
If a child or young person is placed in detention they should remain there for the shortest possible time, and should:
- be treated with respect
- if in their best interest, be kept apart from adults
- have their age taken into account when people think about their needs.
Losing your freedom
Article 37 also applies to young people who are detained without committing a crime. Some people who might be in this situation include:
- people with disabilities
- people who have recently emigrated.
Related articles
Children and young people should be protected from violence when in detention or prison.
Children and young people should be respected if they are refugees in detention.
A child or young person's situation should be reviewed when they're in detention or prison to make sure their rights are being respected.
A child or young person should be protected from sexual violence when in detention or prison.
Article 40 is concerned with children, young people and the justice system.