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BOUYID v. BELGIUM JUDGMENT
Recommendation, with a view to their progressive implementation and the
widest possible circulation of the text.
51. The Code states in particular that one of the main purposes of the
police is to protect and respect the individual’s fundamental rights and
freedoms as enshrined, in particular, in the Convention (paragraph 1). In the
section on “Guidelines for police action/intervention” it stipulates that “[t]he
police shall not inflict, instigate or tolerate any act of torture or inhuman or
degrading treatment or punishment under any circumstances”
(paragraph 36) and that they “may use force only when strictly necessary
and only to the extent required to obtain a legitimate objective”
(paragraph 37). Furthermore, “in carrying out their activities, [they] shall
always bear in mind everyone’s fundamental rights” (paragraph 43) and
“police personnel shall act with integrity and respect towards the public and
with particular consideration for the situation of individuals belonging to
especially vulnerable groups” (paragraph 44).
D. Vulnerability of minors
52. The Preamble to the International Convention on the Rights of the
Child (“child” being defined in Article 1 as being “every human being
below the age of eighteen years unless under the law applicable to the child,
majority is attained earlier”) of 20 November 1989 (ratified by Belgium)
refers to the above-mentioned declarations and emphasises that the need to
afford special protection to the child has been recognised in the Universal
Declaration of Human Rights, the International Covenant on Civil and
Political Rights (particularly in Articles 23 and 24), the International
Covenant on Economic, Social and Cultural Rights (particularly in
Article 10) and the relevant statutes and instruments of the specialised
institutions and international organisations concerned with child welfare.
53. Several subsequent international and regional texts are based on
recognition of the need to take account of the vulnerability of minors. For
instance, the Preamble to the Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse of
25 October 2007 (ratified by Belgium) states that “every child has the right
to such measures of protection as are required by his or her status as a
minor, on the part of his or her family, society and the State”, the child
being defined as “any person under the age of 18 years” (Article 3 (a)).
Reference might also be made to Recommendation CM/Rec(2008)11 on the
European Rules for juvenile offenders subject to sanctions or measures and
Recommendation CM/Rec(2009)10 on integrated national strategies for the
protection of children from violence, adopted by the Committee of
Ministers of the Council of Europe on 5 November 2008 and 18 November
2009 respectively. The former instrument emphasises the extreme
vulnerability of juveniles deprived of their liberty (Appendix to the