A/HRC/32/52
conflict with the law but who are in contact with the justice system owing to a lack of
family or community protection. Ivorian juvenile court judges themselves underscore the
urgent need for alternative institutions where they could place children who are simply
deprived or in need of protection and guidance.
60.
Legal protection services for children and youth were established at the Courts of
First Instance of Abidjan-Plateau, Yopougon, Man and Bouaké between 26 and 29 January
2016. These services assist juvenile court judges in their decision-making tasks and in
connection with civil and criminal matters. Comprising an emergency unit, a civil unit and
a criminal unit, they ensure that social and educational dimensions are taken into account in
the decisions reached by juvenile court judges as part of a process whose fundamental
objective, in criminal matters, must be rehabilitation rather than punishment. Such services
should be gradually extended to all jurisdictions in Côte d’Ivoire.
61.
The Independent Expert became aware that the term “microbe” is still widely used
to refer to a certain type of child in conflict with the law and has continued to call for the
systematic, definitive rejection of that word and for the use of a better approach for
resolving the situations associated with it. In that regard, he wishes to emphasize the
following: first, regardless of the type of crime committed and the age of the perpetrator,
victims are the main priority and deserve compassion and active assistance; and second,
protecting society from crime is legitimate and necessary but must be done within a fair and
legal framework. It is not justifying criminal behaviour to state that the individuals labelled
“microbes”, provided that they have not yet reached the age of around 18 to 20, are still
children. The use of this term is not part of a constructive societal response to the problem,
since labelling individuals in this way tends to make it all the more likely that they will be
locked into their marginal status. This marginal status has an objective dimension which
consists in the disparaging manner in which these individuals are viewed by others. When
constantly reinforced, this perception is ultimately internalized by the individual, thus
acquiring a subjective dimension.
62.
This stigmatization often condemns the person who has been singled out in this way
to play the negative role assigned to him or her; this may trigger a transition from relatively
isolated acts of misconduct to what may become an ingrained pattern of behaviour. In such
cases, which are by no means hypothetical, children who are initially the victim of a social
context that prompts them to engage in deviant behaviour are then unjustly blamed for their
misfortune. In the past, the long years of violence in Côte d’Ivoire provided a cultural
climate conducive to this type of behaviour. In the present, the shortcomings of the policy
for the protection of these minors and the leniency of the penalties imposed on the adults
who profit from their violent actions are factors that contribute to those children’s
continued delinquency.
63.
The degrading and dehumanizing term “microbe” must be replaced once and for all
with the expression “child in conflict with the law”. These children are human beings and
deserve to be respected as such; the fact that they are at odds with the law means that
society has a duty to try, in a civilized manner, to put them back on the right track. In
parallel with this significant semantic shift, there is a need to devise a coherent national
strategy encompassing the various actors involved in society’s response to delinquency (the
justice system, the police, education authorities, etc.).
64.
During his mission, the Independent Expert noted that several interlocutors who had
formerly used the term “microbe” on a frequent basis had since dropped it from their
discourse. In the wake of the Council of Ministers’ meeting of 8 June 2016, the
Government announced a resocialization project for 300 young people aged 14 to 19 years
who have engaged in subversive activities that might put their lives at risk, disrupted public
order or endangered the safety of persons or property. The Government’s eventual goal is to
GE.16-10958
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