A/HRC/21/26
workers, involved in the juvenile justice system.140 Judges and other professionals working
with children in conflict with the law lack the necessary skills to effectively deal with these
children.141 In particular, law enforcement personnel are often not specialized in childrelated investigations and in interrogation of children in conflict with the law. Therefore,
States’ obligation to ensure the necessary expertise in juvenile justice, including awareness
regarding the rights of the child, sensitivity towards the needs of children, and eventually
the protection of children in contact with the law, is often not met.142
IV. Conclusions
53.
International human rights law provides a comprehensive legal framework
regulating the rights of children in the administration of justice, in particular when
deprived of their liberty. In particular, States have legal obligations related to the
adequate protection of the human rights of children deprived of their liberty, as
provided by the Convention on the Rights of the Child, which has attained almost
universal ratification, as well as other internationally recognized standards.
54.
Despite the existence of this normative framework, human rights mechanisms
have identified a number of implementation gaps with respect to States’ international
legal obligations. This report has identified some of the main problems, in particular
the lack of adequate conditions of detention; the imposition of prohibited penalties;
the lack of monitoring and complaint mechanisms; and the inadequacy of training of
personnel dealing with children deprived of their liberty.
55.
Conditions of detention facilities and treatment of children in such facilities
often fall short of international standards. The rights to be treated with dignity, to be
free from torture or other cruel, inhuman or degrading treatment or punishment, as
well as a number of economic, social and cultural rights, such as the right to
education, are frequently violated. States should comply with their human rights
obligations to protect children from ill-treatment and to respect the dignity and the
needs of children deprived of their liberty. Moreover, they should ensure to the
maximum possible extent the development of the child.
56.
Even though the imposition of the death penalty, life imprisonment without
parole, as well as corporal punishment are prohibited under international law and are
contrary to the aims of juvenile justice, they are still used as penalties against
children. States should observe their obligation to ensure that children are not
subjected to such penalties.
57.
International norms and standards require the establishment of appropriate
independent monitoring and complaint mechanisms as well as of other safeguards in
order to prevent violations of the rights of children deprived of their liberty.
Nevertheless, systematic, independent internal and external oversight, as well as
complaint mechanisms are lacking in a number of states. States should establish or
140
141
142
Committee on the Rights of the Child, concluding observations: Grenada (CRC/C/GRD/CO/2),
para. 59; Nigeria (CRC/C/NGA/CO/3-4), para. 20; Committee against Torture, concluding
observations: Burundi (CAT/C/BDI/CO/1), para. 16
Committee on the Rights of the Child, concluding observations: Azerbaijan (CRC/C/AZE/CO/3-4),
para. 75(b).
Committee on the Rights of the Child, concluding observations: Lao (CRC/C/LAO/CO/2), para. 30;
Committee against Torture, concluding observations: Nicaragua (CAT/C/NIC/CO/1), para. 23; report
on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment to Mexico (CAT/OP/MEX/1), para. 244.
17
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