SRSG on violence against children: Annual report 2013, para. 53
Paragraph- Paragraph text
- [The Bali meeting adopted important policy recommendations, highlighting the following areas:] Legislation - States should undertake a comprehensive legislative review to align relevant domestic legislation, whether in statutory, customary or religious laws, with human rights standards; in countries with plural legal systems, the supremacy of legislation aligned with international human rights standards should be explicitly recognized in the law to avert potential conflicts in legal interpretation and implementation. - Legislation should decriminalize status offences and survival behaviours and include legal safeguards to protect the child's best interests, and the child's right to freedom from violence and discrimination, to free and safe participation in proceedings throughout the restorative justice process, and to legal and other relevant assistance. - Legislation should provide law enforcement, prosecutors and the judiciary with options for diverting children away from the criminal justice system and promoting restorative justice processes at all stages of the proceedings; it should include alternative and educative measures such as warning, probation, judicial supervision and community work, to be applied in combination with restorative justice processes or when restorative justice is not appropriate. Children's right to recovery, rehabilitation and reintegration should be firmly expressed in legislation. - Legislation should recognize that restorative justice and informal justice or conflict resolution mechanisms, while being accessible at the local and community levels and playing an important role in the protection and reintegration of children, should never jeopardize children's rights or preclude children from accessing the formal justice system.
- Legal status
- Non-negotiated soft law
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2013
- Paragraph type
- Other
- Paragraph number
- 53
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