Human rights in the administration of justice
A/RES/79/172
29. Encourages States that have not yet integrated children’s issues into their
overall rule of law efforts to do so and to develop and implement a comprehensive
and coordinated justice policy for children that prioritizes prevention and early
intervention to prevent and address juvenile delinquency and to address risks and
causes for children’s contact with the juvenile and/or criminal justice system by
providing necessary support through child protection systems that encompass social
protection, education and physical and mental health, as well as with a view to
promoting, inter alia, the use of alternative measures, such as diversion and
restorative justice, in cases where a child commits a crime, and complying with the
principle that deprivation of liberty of children should be used only as a measure of
last resort and for the shortest appropriate period of time, as well as to avoid, wherever
possible, the use of pretrial detention for children;
30. Stresses the importance of including reintegration strategies for former
child offenders in justice policies, in particular through the provision of gender sensitive education and life skills programmes, as well as treatment and services for
substance abuse and mental health needs, in line with relevant commitments and
obligations under international human rights law, with a view to their assuming a
constructive role in society;
31. Urges States to take all necessary and effective measures, including legal
reform where appropriate, to prevent and respond to all forms of abuse, exploitation
and violence against children, including sexual and gender-based violence, within the
justice system, including within the informal justice system, where it exists, and to
consider applying the United Nations Model Strategies and Practical Measures on the
Elimination of Violence against Children in the Field of Crime Prevention and Criminal
Justice,33 as appropriate, in the design, implementation, monitoring and evaluation of
laws, policies, programmes, budgets and mechanisms aimed at eliminating violence
against children in the field of crime prevention and criminal justice, and encourages
States to support and to benefit, as appropriate, from the programme proposed by the
United Nations Office on Drugs and Crime and the United Nations Children’s Fund in
this regard;
32. Also urges States to ensure that, under their legislation and practice,
neither capital punishment nor life imprisonment without the possibility of release
nor corporal punishment is imposed for offences committed by persons under 18 years
of age, and encourages States to consider repealing all other forms of life
imprisonment for offences committed by persons under 18 years of age;
33. Encourages States not to set the minimum age of criminal responsibility
at too low an age level, bearing in mind the emotional, mental and intellectual
maturity of the child, and in this respect notes the recommendation of the Committee
on the Rights of the Child to increase the minimum age of criminal responsibility to
at least 14 years as the absolute minimum age, and to continue to increase it to a
higher age level; 34
34. Also encourages States to gather relevant information, including through
data collection and research, concerning children within their criminal justice systems
so as to improve their administration of justice, while being mindful of the children’s
right to privacy, with full respect for relevant international human rights instruments,
and bearing in mind applicable international standards on human rights in the
administration of justice;
35. Stresses the importance of paying greater attention to the impact on
children of imprisonment or other sentences imposed upon their parents, while noting
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34
24-24212
Resolution 69/194, annex.
See CRC/C/GC/24.
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