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SRSG on children and armed conflict: Annual report 2016, para. 65
- Paragraph text
- The Special Representative commends the Human Rights Council, the treaty bodies, the special rapporteurs and the Working Group on Arbitrary Detention for their work in relation to children deprived of liberty and encourages continued focus on this issue, including in the framework of the universal periodic review. She encourages Member States to treat children associated with armed groups primarily as victims, to consider alternatives to deprivation of liberty and to ensure that, at a minimum, deprivation of liberty be used as a last resort and for the shortest time possible.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
SRSG on violence against children: Annual report 2014, para. 124
- Paragraph text
- Legislation should provide law enforcement agencies, 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 warnings, probation, judicial supervision and community work, to be applied in combination with restorative justice processes or when restorative justice is not appropriate.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 71
- Paragraph text
- All special procedures mandate holders are urged to continue to take into account during their missions the challenges faced by children, as well as in their reports and recommendations, insofar as they are relevant to their respective mandates, and to bring those concerns to the attention of the Special Representative.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Children
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
SRSG on violence against children: Annual report 2014, para. 119
- Paragraph text
- Restorative justice represents a paradigm shift in how justice for children and young people is perceived in many countries around the world. It is anchored in the inalienable rights of the child and promotes the accountability and reintegration of children who have committed an offence through a non-adversarial and voluntary process, based on dialogue and problem solving.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
SRSG on children and armed conflict: Annual report 2012, para. 78
- Paragraph text
- Lastly, the Special Representative urges all special procedures mandate holders, during their missions and in their reports and recommendations, to take into account the challenges faced by children insofar as they are relevant to their respective mandates, and to bring those concerns to her attention.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Children
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
SRSG on children and armed conflict: Annual report 2011, para. 67
- Paragraph text
- Finally, the Special Representative urges all special procedures mandate holders to continue to take into account during their missions the challenges faced by children, as well as in their reports and recommendations insofar as they pertain to their respective mandates, and to bring those concerns to the attention of the Special Representative.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Children
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
SRSG on children and armed conflict: Annual report 2014, para. 87
- Paragraph text
- The Special Representative takes note with appreciation of the attention paid by the special procedures mandate holders to including child-protection concerns in their work. She encourages the mandate holders to continue to take into account the challenges faced by children, during their missions and in their reports and recommendations, insofar as they are relevant to their respective mandates, and to bring those concerns to her attention.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Children
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
SRSG on children and armed conflict: Annual report 2013, para. 98
- Paragraph text
- The detention and prosecution of children, including for acts committed while associated with armed groups, should at all times remain a measure of last resort. The Special Representative calls upon Member States to seek alternatives to prosecution and detention for children, consistent with international juvenile justice standards.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
SRSG on children and armed conflict: Annual report 2011, para. 79
- Paragraph text
- The Special Representative encourages Member States to apply juvenile justice standards and due process safeguards when bringing a child to trial and to avoid maintaining children in administrative or prolonged pretrial detention. Where possible, Member States should consider excluding children below 18 from criminal responsibility for crimes committed while associated with an armed force or an armed group, by virtue of their age, the chain of command and the forced nature of recruitment. Non-judicial, restorative accountability mechanisms that take the best interests of the child into consideration and promote their reintegration should be introduced.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
SRSG on children and armed conflict: Annual report 2012, para. 31
- Paragraph text
- [Reparations for children and the restoration of children’s rights]: The experiences of a significantly larger number of victims, and the loss and harm resulting from a wider range of violations, can be acknowledged and repaired through reparations programmes. Any decision on reparations should avoid an overly narrow definition of victims and their eligibility and not limit the violations allowing for reparations. It is important to include those victims who have not participated in court proceedings, maintaining an open list of applicants and conducting a series of registration periods. In deciding who is eligible for reparations, however, the limited human and financial resources must be taken into account. Priority should therefore be accorded to the immediate and direct victims of the crime and their families, including the victims of forced recruitment and the victims and families of the crimes committed by the armed group. Moreover, an assessment of the current needs of the victims is crucial as several years may have passed since the events took place.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2012
- Paragraph type
- Other
Paragraph
SRSG on children and armed conflict: Annual report 2016, para. 17
- Paragraph text
- In instances where children are accused of specific crimes during their association with an armed force or group, they should not be brought to trial before military courts or special courts, which often do not fully recognize the special status of juveniles before the law. The Special Representative continued to remind States that children accused of criminal acts should be treated in compliance with due process and juvenile justice standards. Accordingly, the best interests of the child should always be taken into account, detention should only be used as a measure of last resort and for the shortest time possible, and there should be no capital punishment or life imprisonment for children.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2013, para. 49
- Paragraph text
- In the context of the criminal justice system, child-sensitive restorative justice may involve bringing together the victim, the offender, his or her parents or guardians, child protection and justice actors, and the community, in a safe and structured environment. Through a non-adversarial and voluntary process, based on dialogue, negotiation and problem-solving, restorative justice aims to rehabilitate and reintegrate the young offender, through helping to reconnect him or her with the community, and ensuring that the offender understands the harm caused to the victim and the community and acknowledges accountability for criminal behaviour and reparation of its consequences.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2013
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2014, para. 51
- Paragraph text
- At the time the report was prepared, more than 1 million children were deprived of their liberty worldwide, most in pretrial detention or for minor offences, and countless children faced violent and degrading treatment throughout the criminal justice process (ibid., paras. 8, 39). Many children are exposed to psychological, physical and sexual violence during arrest and interrogation, or while being held in police custody; they are vulnerable to violence at the hands of staff and adult detainees in detention centres; and they also endure violence as a form of punishment or sentencing. Children also suffer deep trauma when their parents face inhuman sentencing, such as stoning, amputation, capital punishment and life sentencing.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2014
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2014, para. 13
- Paragraph text
- The Model Strategies provide a significant reference for national efforts aimed at a justice system framed by children's rights, and at preventing violence against children and securing victims' protection. They promote children's access to justice and participation in judicial proceedings, and a non-intimidating environment where crime prevention is given serious attention and children's rights are safeguarded at all times, including in situations of deprivation of liberty. Furthermore, they put in place accountability systems to fight impunity.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2014
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2011, para. 47
- Paragraph text
- In the light of these concerns, the report to the Human Rights Council presents a set of guiding principles based on human rights standards, as well as practical recommendations to accelerate progress in making safe, child-sensitive and effective mechanisms available to all children. These mechanisms need to be established by law and to have well-defined mandates, guided by the best interests of the child and informed by children's experiences and perspectives. They need to be well publicized and made accessible to all children, without discrimination of any kind, and must guarantee children's safety, ensure confidentiality and allow for prompt and speedy response and follow-up.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2012, para. 60
- Paragraph text
- The international community has developed a sound normative foundation to guide national implementation efforts in the area of the administration of juvenile justice. These include measures to prevent juvenile delinquency and ban children's arbitrary and unlawful detention; to ensure that deprivation of liberty of persons below 18 is used only as a measure of last resort and for the shortest period of time possible; to establish legal safeguards to guide children's involvement with criminal proceedings; and to promote approaches which respect children's dignity and invest in their education and social reintegration.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2012
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2013, para. 51
- Paragraph text
- This process is framed by significant international standards on the protection of the rights of children involved with the criminal justice system. The Convention on the Rights of the Child, recognizes the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth so as to reinforce the child's respect for the human rights and fundamental freedoms of others, taking into account the age of the child and the desirability of promoting his or her social reintegration, and his or her assumption of a constructive role in society (article 40 (1)). The Convention encourages the establishment of a separate justice system specifically applicable to children (article 40 (3)); anticipates measures to deal with the child without resorting to judicial proceedings, provided that human rights and legal safeguards are fully respected (article 40 (3) (b)); and foresees a variety of dispositions to ensure that children are dealt with in a manner appropriate to their well-being, and proportionate both to their circumstances and to the offence (article 40 (4)).
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2013
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2014, para. 73
- Paragraph text
- For the justice process to be truly restorative there must first be sufficient evidence to support the charge against the child (a prima facie case), and the alleged offence must fall within the scope of offences eligible for diversion as defined by the law. The child offender must admit responsibility for the offence and the entire process must be undertaken voluntarily - this demonstrates the offender's willingness to participate in the process and make amends. A child's admission of responsibility must never be obtained through undue pressure or coercion. It is also necessary to obtain the consent of the child's parent(s), guardian or the responsible adult, as well as the voluntary consent of the victim, without coercion or undue pressure, to diversion to a restorative process.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2014
- Paragraph type
- Other
Paragraph
SRSG on children and armed conflict: Annual report 2010, para. 46
- Paragraph text
- In 2002, the indictment for grave violations against children of all the individuals charged by the Special Court for Sierra Leone, as well as the involvement of children in that country's Truth and Reconciliation Commission, signified a shift that placed the issue of child participation centrally in the international discourse on justice and truth-seeking mechanisms. Since then there has been significant investment to create guidance and common perspectives on the basis of lessons learned and of best practices from Sierra Leone and elsewhere.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2010
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2014, para. 108
- Paragraph text
- The social perception that juvenile delinquency is on the rise and that the children concerned pose a security threat is often not based on data. Moreover, the negative perception and stereotyping of children involved with the criminal justice system represents a significant challenge to the development and implementation of appropriate restorative justice legislation, policies and programmes. There is therefore an urgent need for effective advocacy and awareness-raising to reassure society of the benefits of restorative justice programmes.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
- Paragraph type
- Other
Paragraph
SRSG on children and armed conflict: Annual report 2011, para. 58
- Paragraph text
- Where relevant and possible, dialogue with non-State actors may take place in the context of peace processes. However, working closely with the relevant Governments, dialogue on the establishment of time-bound and effective measures to protect child victims — including action plans to halt particular violations — should be explored regardless of the status of political discussions. Contexts vary and experience has shown that innovation is a key ingredient for effective protection measures to be put in place. In the absence of a peace process Governments, as the primary duty-bearers for the protection of children, should work in partnership with the United Nations to ensure that time-bound and effective measures, including action plans, are put in place by all parties.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2011
- Paragraph type
- Other
Paragraph
SRSG on children and armed conflict: Annual report 2013, para. 90
- Paragraph text
- Therefore, even when adequate legal and policy frameworks to protect children exist, they seldom translate into effective legal protection. To ensure that violations against children are addressed, rule of law programming and justice sector reform initiatives should include a short-term focus on creating a rapid response capacity in the criminal justice system. Swift accountability for violations against children is not only an important deterrent to ongoing violations, but also contributes to fostering a culture of national reconciliation in the longer term.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2010, para. 49
- Paragraph text
- Dialogue and regular consultations with children and young people will remain a core component of the Special Representative's mandate. In this regard, the Special Representative welcomes the adoption by the Committee on the Rights of the Child of its general comment No. 12 on the right of the child to be heard, which, as acknowledged by General Assembly resolution A/RES/64/146, will be a valuable reference for the contribution of children and young people to the process of follow-up to the study and for informing them about developments in this area.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Youth
- Year
- 2010
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2014, para. 95
- Paragraph text
- Restorative justice shows very positive results in terms of victim, offender, family and community satisfaction. The parties involved, including child offenders, recognize that they have a greater opportunity to be heard, to enhance understanding of the various positions and to participate in the outcome of the process, while having a greater sense of control over this process. This is an important factor for the effective implementation of restorative justice programmes and helps to make the system more responsive to the rights of all those involved.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2014
- Paragraph type
- Other
Paragraph
SRSG on children and armed conflict: Annual report 2011, para. 28
- Paragraph text
- In other situations, States charge children for allegedly having committed acts during their association with an armed group that are regarded as crimes under national or international law. These children sometimes languish in prolonged pretrial detention without access to legal assistance. In addition, trials before national courts or military tribunals do not generally apply juvenile justice standards and due process safeguards. As a result, children are frequently tried without legal representation or assistance, are not accompanied by their parents or a legal guardian and do not have a clear understanding of the charges brought against them.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Families
- Year
- 2011
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2015, para. 90
- Paragraph text
- Information is also included on filtering, blocking and monitoring programmes to help to prevent access to information that is harmful to children.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2015
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2016, para. 99
- Paragraph text
- According to the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (resolution 45/113, annex, para. 11 (b)) and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (article 4 (2)), deprivation of liberty is "any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority". Such settings may include police custody, remand detention, imprisonment after conviction, administrative detention, involuntary hospitalization, and institutional custody of children, including children with disabilities and those in need of protection.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2010, para. 76
- Paragraph text
- Dialogue and regular consultations with children and young people will remain a core component of the Special Representative's mandate. In this regard, the Special Representative welcomes the adoption by the Committee on the Rights of the Child of its General Comment No. 12 (2009) on the right of the child to be heard, which, as acknowledged by the General Assembly in resolution 64/146, is a valuable reference for the contribution of children and young people to the process of follow-up to the study and for informing them about developments in this area.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Youth
- Year
- 2010
- Paragraph type
- Other
Paragraph
SRSG on children and armed conflict: Annual report 2014, para. 66
- Paragraph text
- The engagement by the United Nations in favour of strong rule of law at the international level is also essential to addressing global accountability challenges. While the primary responsibility to ensure accountability for grave violations committed against children rests with Member States, the work of international criminal tribunals and courts is particularly important to strengthen law enforcement and protection against right violations at the international level.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
- Paragraph type
- Other
Paragraph
SRSG on children and armed conflict: Annual report 2014, para. 68
- Paragraph text
- The confirmation of the conviction of former Liberian president Charles Taylor on 26 September 2013 by the Appeal Chamber of the Special Court for Sierra Leone sent a clear message to leaders across the world that no one is immune from justice. The former president was convicted to 50 years in prison on 11 counts of war crimes, including the conscription, enlistment and use of child soldiers.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2014
- Paragraph type
- Other
Paragraph