United Nations Model Strategies and Practical Measures on the Elimination of
Violence against Children in the Field of Crime Prevention and Criminal Justice
A/RES/69/194
(j) “Informal justice system” refers to the resolution of disputes and the
regulation of conduct by adjudication or with the assistance of a neutral third party
that is not part of the judiciary as established by law and/or whose substantive,
procedural or structural foundation is not primarily based on statutory law;
(k) A “juvenile justice system” comprises laws, policies, guidelines,
customary norms, systems, professionals, institutions and treatment specifically
applicable to children alleged as, accused of or recognized as having infringed
criminal law;
(l) “Legal aid” includes legal advice, assistance and representation for
persons detained, arrested or imprisoned as a result of being suspected or accused of
or charged with a criminal offence, and for victims and witnesses in the criminal
justice process, which is provided at no cost for those without sufficient means or
when the interests of justice so require. Furthermore, “legal aid” is intended to
include the concepts of legal education, access to legal information and other
services provided for persons through alternative dispute resolution mechanisms and
restorative justice processes;
(m) A “protective environment” is an environment conducive to ensuring to
the maximum extent possible the survival and development of the child, including
physical, mental, spiritual, moral, psychological and social development, in a
manner compatible with human dignity;
(n) “Restorative justice programme” means any programme that uses
restorative processes and seeks to achieve restorative outcomes;
(o) “Restorative process” means any process in which the victim and the
offender and, where appropriate, any other individuals or community members
affected by a crime participate actively together in the resolution of matters arising
from the crime, generally with the help of a facilitator. Restorative processes may
include mediation, conciliation, conferencing and sentencing circles;
(p) “Violence” means all forms of physical or mental violence, injury or
abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual
abuse.
Guiding principles
7.
In implementing the Model Strategies and Practical Measures at the national
level, Member States should be guided by the following principles:
(a) That the inherent rights of the child to life, survival and development are
protected;
(b) That the right of the child to have his or her best interests as a primary
consideration in all matters involving or affecting him or her is respected, whether
the child is a victim or a perpetrator of violence, as well as in all measures of
prevention and protection;
(c) That every child is protected from all forms of violence without
discrimination of any kind, irrespective of the child’s or his or her parent’s or legal
guardian’s race, colour, sex, language, religion, political or other opinion, national,
ethnic or social origin, property, disability, birth or other status;
(d) That the child is informed of his or her rights in an age-appropriate
manner and that the right of the child to be consulted and to express his or her views
freely in all matters affecting him or her is fully respected;
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