A/HRC/21/25
need to ensure birth registration, age and gender assessment procedures to secure
children’s rights and safeguards to prevent and protect children from violence within
the juvenile justice system.
68.
Similarly, States must raise the age of criminal responsibility to a minimum of
at least 12 years, continue to increase it, and ensure non-custodial options for children
below that age.
2.
Protecting children from all forms of violence within the juvenile
justice system and integrating this dimension into the national agenda
69.
States are urged to revise their laws, policies and procedures to ensure
compliance with international standards and ensure that the process of juvenile
justice reform is framed by a child- and gender-sensitive approach, promoting a
juvenile justice system that is fair, effective, efficient, and established as a core
dimension of the national child protection system.
70.
In this light, States are urged, through their national legal frameworks, to
ensure that the Constitution, or its equivalent, contains key child rights principles and
safeguards including the consideration of children’s deprivation of liberty only as a
measure of last resort and for the shortest appropriate period of time, the separation
of children from adults, and of girls from boys; the effective protection of children
from torture or cruel, inhuman or degrading treatment or any other form of violence,
including as a form of punishment, treatment or sentencing.
71.
Legislation should contain specific measures to prohibit all forms of violence
and effectively protect children. Justice, governance, security and human rights
institutions should publicly expose and effectively respond to violence against children
in the juvenile justice system in a manner that enhances public accountability. Civil
society has a key role to play in this regard and conditions should be created for them
to contribute to strengthening the rule of law and holding public officials accountable
for acts of violence against children.
3.
Ensuring the use of diversion and alternative non-custodial
measures as priorities within the juvenile justice system
72.
States are urged to develop and use effective alternative mechanisms to formal
criminal proceedings that are child- and gender-sensitive, such as restorative justice,
mediation, and community-based programmes, including treatment programmes for
children with substance abuse problems.
73.
States should guarantee that all officials in the juvenile justice system, including
law enforcement officials, prosecutors and judges, as well as community-based justice
providers, including religious and traditional leaders, are trained on children’s rights
and supported in the implementation of these rights and standards related to juvenile
justice.
74.
It is urgent to ensure effective coordination between child justice sectors,
different services in charge of law enforcement and the social welfare and education
sectors in order to promote the use of diversion and alternative non-custodial
measures. Pretrial diversion and alternative, community-based sentences in
conformity with children’s rights should be introduced where they do not exist, and
where they do, their scope and application expanded.
15
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