A/HRC/22/55 6. Prevention of and responses to violence against children within the juvenile justice system 34. A juvenile justice system framed by the rights of the child is critical to safeguard children’s access to justice and enable their participation in administrative and judicial proceedings that children can understand and effectively use; shape a non-intimidating justice environment; and address incidents of violence, including when children are deprived of liberty. 35. The justice system is an area where children’s rights can be at risk and where violence is often invisible and concealed, as well as rarely investigated and punished. Incidents of violence occur while in the custody of police and security forces, in pretrial detention, after conviction and as a form of sentencing. Violence can be perpetrated by staff, adult detainees and other children, or be the result of self-harm. 36. To address these concerns, in 2012 the Special Representative organized an expert consultation and issued a joint report (A/HRC/21/25) with the United Nations Office on Drugs and Crime and OHCHR, and highlighted the urgency of: (a) Preventing the criminalization and penalization of children, including by strengthening a well-resourced child protection system to avoid the use of the justice system as a replacement for an ill-functioning system of care and protection of children; ensuring a universal system of birth registration to safeguard children’s protection and prevent their treatment as adults; decriminalizing “status offences”, such as begging and vagrancy; and preventing the detention of children with mental health and substance abuse problems and of unaccompanied migrant children and asylum seekers on the basis of their status; (b) Introducing a legal prohibition of all forms of violence within the juvenile justice system, including as a form of punishment, treatment or sentencing and establishing by law safe and child-sensitive counselling, reporting and complaints mechanisms to prevent and respond to incidents of violence; raising the age of criminal responsibility in line with international human rights standards; recognizing deprivation of liberty as a measure of last resort and for the shortest appropriate time and putting in place an effective system of restorative justice and non-custodial options for children; (c) Establishing a system of accountability for incidents of violence against children, including through oversight and monitoring initiatives, inspection of places of detention, unannounced visits by independent institutions and the prompt investigation of incidents of violence; (d) Ensuring qualified and trained personnel through a sound system of selection, recruitment and retention of competent professionals, and continued education and capacitybuilding on children’s rights and juvenile justice standards to prevent and address violence against children; and (e) Promoting data collection, analysis and dissemination and developing research and reporting schemes to assess, prevent and respond to incidents of violence against children within the juvenile justice system. 7. Prevention and elimination of violence in early childhood 37. The Study called for the protection from violence of children in early years and recognized the crucial importance of positive parenting, home visitation and early childhood care and development programmes. 38. Early childhood is a fundamental stage in children’s development and a strategic opportunity to prevent violence and break the cycle of abuse affecting children. In early years, violence is associated with serious challenges. They often occur in the privacy of the 9

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