Children’s rights in juvenile justice 2007, para. 28

Paragraph
Paragraph text
When judicial proceedings are initiated by the competent authority (usually the prosecutor's office), the principles of a fair and just trial must be applied (see section D below). At the same time, the juvenile justice system should provide for ample opportunities to deal with children in conflict with the law by using social and/or educational measures, and to strictly limit the use of deprivation of liberty, and in particular pretrial detention, as a measure of last resort. In the disposition phase of the proceedings, deprivation of liberty must be used only as a measure of last resort and for the shortest appropriate period of time (art. 37 (b)). This means that States parties should have in place a well-trained probation service to allow for the maximum and effective use of measures such as guidance and supervision orders, probation, community monitoring or day report centres, and the possibility of early release from detention.
Legal status
Non-negotiated soft law
Body
Committee on the Rights of the Child
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Civil & Political Rights
  • Education
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Children
Year
2007
Paragraph type
Other
Reference
CRC General Comment No. 10, Children’s rights in juvenile justice (2007), para. 28.
Paragraph number
28