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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