Detention issue

Juvenile prisoners

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Code of Conduct for Detention (Anhalteordnung)Minors are to be accommodated separately from adults.
Juvenile Court Act (Jugendgerichtsgesetz)Imprisonment of juveniles shall be conducted in separate institutions, if possible or in separate wards. Juveniles are to be separated from adults.


Year Recommendation Report
2015The NPM advocates that the cells of juvenile detainees remain open longer on the weekends in the Innsbruck and Graz-Jakomini correctional institutions. To avoid violent assaults between juvenile detainees, there must be a structured and balanced daily routine with the shortest possible lock-up times. Personnel shortages may not adversely affect juveniles. Evening and weekend visits should be permitted in the juvenile ward of the Innsbruck correctional institution and in the Klagenfurt correctional institution. Report details
2016Psychiatric care for juveniles and young adults in Austrian correctional institutions must be provided by specialists in child and adolescent psychiatry. Every effort must be made to ensure that psychiatric care is provided to juveniles and young adults in pre-trial detention and detention for mentally ill offenders by specialists in child and adolescent psychiatry. The expertise of a specialist in child and adolescent psychiatry must be obtained to engage in substitution treatment and to define the indications for substitution therapy for minor inmates. Steps must be taken to ensure that juveniles in detention are supported by personnel who are specially trained regarding their needs and requirements. An autonomous pool of employees should be available to the juvenile sections. These employees should have a special interest in juvenile offenders and have completed the training programme on “Detention of juvenile offenders as a field work". Unless there are specific concerns in an individual situation, prison guards have to wear civilian clothing when taking juveniles outside. Persons who have been deprived of their liberty should be offered appropriate activities. This applies to juveniles in particular. In addition to education and occupational or other training, sports activities should also be an important part of this programme. Cells of juvenile detainees should remain open longer at the weekends. In order to avoid violent assaults among juvenile detainees, a structured and balanced daily routine must be established with the shortest possible lock-up times. Personnel shortages may not adversely affect juvenile detainees. Report details
2017Night shifts in juvenile departments are to be conducted only by staff of the juvenile department. Only staff who has pedagogical knowledge shall accompany juveniles during tours. Administration shall look for suitable staff for juvenile detention. They shall be offered attractive working conditions after finalizing a relevant training. Report details