A/HRC/21/25 Sentences for child offenders should be determinate and periodically reviewed in order to allow for early release. 5. Mandatory minimum sentences 62. Some countries set mandatory sentences for offenders, including children (especially those tried as adults or before adult courts). These establish extended sentences as the mandatory punishment for certain crime categories. This prevents courts from considering the individual circumstances of the child, proportionality and rehabilitative goals, and is contrary to the principle recognized by the Convention on the Rights of the Child of deprivation of liberty as a measure of last resort and for the shortest appropriate period of time.41 63. Children must always have the right to appeal their sentences, and must be assisted by the State in the provision of legal assistance where it is required. F. Other systemic issues 64. Other systemic problems or challenges include the fact that juvenile justice is an intersectoral process involving many role players from different government departments and State institutions, and there is often a lack of co-operation between these. 65. Furthermore, there is a lack of data collection and analysis in relation to the situation of children in the juvenile justice system, and there is a lack of accountability for violence against children or for failure to protect them from violence, including with regard to compensation. VI. Recommended strategies to prevent and respond to violence against children in the juvenile justice system 1. Preventing children from becoming involved with the juvenile justice system 66. The fewer children there are in the criminal justice system, the lower the risk of their exposure to violence in that system. It is important for States embarking on measures to prevent and respond to violence in the juvenile justice system to ensure that an appropriate environment exists for the primary prevention of children coming into the criminal justice process. 67. There is an urgent need to strengthen national child protection systems that can effectively ensure that children’s rights are safeguarded instead of perpetuating the criminalization of children. States should act to prevent the criminalization and penalization of children and reduce the number of children deprived of liberty, including through: (a) decriminalizing “status offences”, such as begging or loitering; preventing the detention of unaccompanied migrant children and asylum seekers; (b) ensuring that children with mental health problems are appropriately cared for and not dealt with by the criminal justice system if possible; and (c) avoiding the criminal justice system for treating children with substance abuse problems. There is also a 41 14 In South Africa, such sentences were found to be unconstitutional for offenders below 18 years at the time of the offence. See Centre for Child Law v. Minister of Justice and Constitutional Development, 2009 (2) SACR 477(CC).

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