A/67/230
1.
Prevention of and responses to violence against children within the justice system
13. In January 2012 the Special Representative organized an expert consultation
on the prevention of and responses to violence against children within the justice
system, together with the United Nations Office on Drugs and Crime (UNODC), the
Office of the United Nations High Commissioner for Human Rights (OHCHR) and
the Government of Austria.
14. At the consultation, in which governmental experts and representatives of
United Nations agencies, international and regional organizations, human rights
bodies, academia and civil society participated, a set of practical recommendations
to assist States and other actors in the development of a violence-free justice system
for children was drawn up. Those recommendations, included in a joint report to the
Human Rights Council (A/HRC/21/25), address the following issues:
(a) Preventing the criminalization and penalization of children. The
prevention and reduction of situations leading to the deprivation of children’s liberty
is a critical strategy for decreasing the risk of violence in the criminal justice
system. States should pursue this goal by: (i) decriminalizing “status offences”, such
as begging, vagrancy, truancy and loitering; (ii) preventing the detention of
unaccompanied migrant children and asylum seekers on the basis of their status;
(iii) ensuring that children with mental health and substance abuse problems are
appropriately cared for, rather than dealt with by the criminal justice system;
(iv) ensuring universal birth registration, raising the age of criminal responsibility to
at least 12 years and continuing to raise it further, and ensuring non-custodial options
for children below that age; and (v) supporting the prevention of criminalization and
penalization through a robust and well-resourced child protection system, with
effective coordination between the justice, social welfare and education sectors.
(b) Protecting children from all forms of violence within the juvenile justice
system. National laws, policies and procedures concerning juvenile justice should be
brought into full compliance with relevant international standards, and juvenile
justice reforms should pursue a child- and gender-sensitive approach and be guided
by child rights principles and safeguards, including (i) the recognition of the
deprivation of children’s liberty as a measure of last resort and for the shortest
appropriate time; (ii) the separation of children from adults and of girls from boys in
a child-sensitive environment; (iii) the explicit prohibition of and effective
protection of children from violence, including as a form of punishment, treatment
or sentencing; (iv) the legal provision of safe and child-sensitive counselling,
reporting and complaints mechanisms to prevent and respond to incidents of
violence; and (v) the establishment of independent oversight and monitoring
mechanisms and accountability systems for the inspection of places of detention and
the prompt investigation of incidents of violence against children.
(c) Ensuring the use of diversion and alternative non-custodial measures.
Effective alternative mechanisms to formal criminal proceedings and to deprivation
of liberty should be developed and used, including restorative justice, mediation,
probation, community service and community-based programmes, including
treatment for children with substance abuse problems.
(d) Ensuring qualified and trained personnel. A sound system of selection,
recruitment and retention of competent professionals should be put in place, supported
by continued education and capacity-building on children’s rights and juvenile
justice standards to prevent violence against children in the juvenile justice system.
6
12-45164
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