A/HRC/29/26 case.37 It is also important that the child’s situation should regularly undergo judicial review, as circumstances may change and affect the analysis of the best interests of the child. 77. Children of parents sentenced to death often suffer a particularly devastating ordeal. According to the Working Group on Children of Incarcerated Parents, “existing research has consistently connected a parent’s death sentence or execution with major psychological and emotional implications for children and families”, some children even present posttraumatic stress disorder symptoms. 38 The trauma caused by both the anxiety relating to the anticipation of the execution and the actual execution itself must be taken into account by prosecutors and judges before requesting or imposing the death penalty on defendants with children. Despite the particular emotional and psychological distress of children of parents sentenced to death—who also often experience social isolation and stigmatization—the Special Rapporteur is extremely concerned that these children are given little attention and support. In this context, it is even more important for prosecutors and judges to consider the best interests of the defendant’s children before requesting and ordering the death penalty. D. Alternatives to judicial proceedings 78. According to the Convention on the Rights of the Child, the aim of juvenile justice is the child’s rehabilitation and social reintegration. The Beijing Rules provide that “the juvenile justice system shall emphasize the well-being of the juvenile and shall ensure that any reaction to juvenile offenders shall always be in proportion to the circumstances of both the offenders and the offence” (rule 5.1). Yet, the Special Representative of the SecretaryGeneral on Violence against Children has pointed out that “more than 1 million children are deprived of their liberty worldwide, and countless children face violent and degrading treatment throughout the criminal justice process”.39 79. For these reasons, the Special Rapporteur considers that alternatives to criminal proceedings and trial should be available for children alleged as, accused of, or recognized as having infringed penal law. The necessity to provide for alternatives to criminal proceedings in juvenile cases has been underlined by both the Human Rights Committee and the Committee on the Rights of the Child.40 These alternative mechanisms can either replace criminal proceedings or complement them, and they should be available at all stages of criminal justice proceedings, from the moment of arrest until after the conviction, when there is one. 80. The process of dealing with children alleged as, accused of, or recognized as having infringed penal law without resorting to criminal proceedings is known as “diversion” and serves to avoid the possible negative effects of criminal proceedings on children. Diversion can involve different types of measures, including measures based on the principle of restorative justice. 81. According to the basic principles on the use of restorative justice programmes in criminal matters, “restorative justice is an evolving response to crime that respects the dignity and equality of each person, builds understanding, and promotes social harmony through the healing of victims, offenders and communities” (preamble)41. Restorative 37 38 39 40 41 16 Bangkok Rules, rule 49. Working Group on Children of Incarcerated Parents, “Children of parents sentenced to death or executed”, August 2013, p. 3. Special Representative of the Secretary-General on Violence against Children, “Promoting restorative justice for children”, 2013, p. 1. See Human Rights Council general comment No. 32, para. 44, and Committee on the Rights of the Child general comment No. 10. Economic and Social Council resolution 2002/12.