Country

France

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
French Penal Code Juveniles capable of discernment are criminally liable. Only juveniles over the age of 13 may be given a custodial sentence, including imprisonment.
French Juvenile Criminal Justice CodeThe prison administration must ensure respect for the fundamental rights of children of juveniles in detention. The juvenile is thus subject to special monitoring by a multidisciplinary team.
French Juvenile Criminal Justice CodeJuveniles must be strictly separated from adults.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The NPM recommended that the particular situation of female juveniles must be given specific attention and they should receive equal treatment to that of boys. In this respect, the imprisonment of female juveniles in an area for women is against the law. They must be able to benefit from care within establishments adapted to juveniles. Female juveniles held in detention establishments other than correctional juvenile facilities should be (as far as is possible and according to the institution's organisation) detained in 'juvenile' areas in the same way as male juveniles. Accommodation is subjected to the principle of non-mixing. Report details
2020The NPM report recommends that children must always have an educational objective. Detention must be adapted to their needs and accompanied by specially trained staff and that accommodation for minors deprived should be individual. Report details
2022Staff working with juveniles must undergo appropriate training before taking up their duties. The organisation of services in places where juveniles are detained must ensure that professionals are always on hand to assist them. Report details
2022Educational measures aimed at ensuring respect for juveniles' cells and bedrooms must be implemented to curb damage. Repairs must be carried out in good time, and in any case before a new juvenile is accommodated. Learning or re-learning hygiene must be seen as an integral part of the educational process. Report details
2022Juveniles must be offered regular and reinforced socio-cultural and sporting activities during periods when teachers are absent. More activities should be organised on Saturdays and Sundays, to reduce the time spent in cells. Young people should be offered an individual programme. Report details
2022Detained juveniles must benefit from an education that is appropriate to their profile, but similar to that enjoyed by students outside prisons, in particular in terms of the number of hours. Arrangements must be made to ensure educational continuity during school holidays. The decision to place a juvenile in detention must take the need to maintain family ties into account. For this purpose, preference should be given to referral to a facility close to the family home Report details