A/HRC/21/26
Matters;8 and the United Nations Rules for the Treatment of Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules). 9
5.
Furthermore, specific guidelines and rules regulating the detention of children have
also been adopted, including the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules); 10 the United Nations Guidelines for
the Prevention of Juvenile Delinquency (the Riyadh Guidelines); 11 the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules);12 the
Guidelines for Action on Children in the Criminal Justice System (the Vienna
Guidelines);13 and the Guidelines on Justice in Matters involving Child Victims and
Witnesses of Crime.14
Age limits
6.
Article 1 of the Convention on the Rights of the Child defines a child as every
human being below the age of 18 unless under the law applicable to the child, majority is
attained earlier. Rule 11(a) of the Havana Rules provides that a juvenile is every person
under the age of 18 without any limitation.15 According to the Beijing Rules, in the context
of the administration of justice, a juvenile is a person who may be dealt with for an offence
in a manner which is different from an adult. 16
7.
In general comment No. 10, the Committee on the Rights of the Child states that the
special rules of juvenile justice should apply for all children who, at the time of the
commission of the offence, have not yet reached the age of 18.17 The Human Rights
Committee, in general comment No. 21, has also stated with regard to deprivation of liberty
that all persons under the age of 18 should be treated as children, at least in matters relating
to criminal justice.18
8.
Article 40, paragraph 3, of the Convention on the Rights of the Child provides that
State parties must seek to promote a minimum age of criminal responsibility below which
children shall be presumed not to have the capacity to infringe the penal law. Neither the
Convention nor other standard-setting instruments prescribe a specific minimum age of
criminal responsibility. Rule 4 of the Beijing Rules specifies that if the concept of the age
of criminal responsibility is accepted within a State, the beginning of that age should not be
fixed at too low a level. Furthermore, article 41 of the Convention on the Rights of the
Child provides that States may always set a higher standard. Rule 3.3 of the Beijing Rules
further recommends making efforts to extend juvenile justice rules to young adult
offenders.
Juvenile justice system
9.
Article 40, paragraph 3, of the Convention on the Rights of the Child, as well as rule
11.1 of the Beijing Rules, require States to establish measures for dealing with children
8
9
10
11
12
13
14
15
16
17
18
4
Economic and Social Council resolution 2002/12.
General Assembly resolution 65/229.
General Assembly resolution 40/33.
General Assembly resolution 45/112.
General Assembly resolution 45/113.
Economic and Social Council resolution 1997/30.
Economic and Social Council resolution 2005/20.
Rule 11(a), Havana Rules.
Rule 2.2(a), Beijing Rules.
Committee on the Rights of the Child, general comment No. 10, para. 36.
Human Rights Committee, General Comment No. 21, para. 13.
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