A/HRC/21/26
Committee on the Rights of the Child, have highlighted the persistence of a number of
problems in practice in many parts of the world.
Age limits
36.
In a number of States, the age of criminal responsibility is still between 7 and 10,91
or no minimum age of criminal responsibility is established at all. 92 In recent years, other
States have lowered, or started initiatives to lower, the age of criminal responsibility for
children.93 Occasionally, the age of criminal responsibility is determined according to
apparent physical maturity, rather than actual age. 94
37.
In some States, children below the minimum age of criminal responsibility
sometimes face the risk of prosecution, arrest, deprivation of liberty, or of administrative
penalties being imposed.95
Juvenile justice system
38.
The objective of any juvenile justice system should be to promote the well-being of
the child and to ensure that measures adopted with respect to children in conflict with the
law are proportional to the circumstances of both the offenders and the offence. 96 The
juvenile justice system is based on a restorative justice approach focusing on the
reintegration of children into society. 97 The Riyadh Guidelines stress the importance of
prevention of juvenile delinquency in society. 98
39.
In a number of countries, however, a comprehensive juvenile justice system is either
not in place, has not been developed in accordance with the relevant provisions of the
Convention on the Rights of the Child, or the system in place lacks effectiveness. 99 Some
States have failed to comply with the obligation to establish juvenile courts while in other
countries, there is a lack of judges with the adequate specialization in juvenile justice.100
40.
In some States, children in conflict with the law are often tried by the ordinary
criminal justice system and treated as adults. They are, therefore, unable to benefit from the
special measures of protection to which they are entitled.101
91
92
93
94
95
96
97
98
99
100
101
12
Committee against Torture, concluding observations: Ethiopia (CAT/C/ETH/CO/1), para. 27; Jordan
(CAT/C/JOR/CO/2), para. 26; Indonesia (CAT/C/IDN/CO/2), para. 17.
Committee on the Rights of the Child, concluding observations: Nigeria (CRC/C/NGA/CO/3-4),
para. 90; Marshall Islands (CRC/C/MHL/CO/2), para. 70.
Committee on the Rights of the Child, concluding observations: Panama (CRC/C/PAN/CO/3-4),
para. 74(a); Denmark (CRC/C/DNK/CO/4), para. 65(b); Japan (CRC/C/JPN/CO/3), para. 83.
Committee on the Rights of the Child, concluding observations: Sudan (CRC/C/SDN/CO/3-4),
paras 27, 89(a); Nigeria (CRC/C/NGA/CO/3-4), para. 32.
Committee on the Rights of the Child, concluding observations: Cuba (CRC/C/CUB/CO/2),
para. 54(a); Former Yugoslav Republic of Macedonia (CRC/C/MKD/CO/2), para. 79(a); Tajikistan
(CRC/C/TJK/CO/2), para. 72.
Rule 5, Beijing Rules.
Art. 40, para. 1, Convention on the Rights of the Child.
Paragraph 1, Riyadh Guidelines
Committee on the Rights of the Child, concluding observations: Ecuador (CRC/C/ECU/CO/4),
para. 78(c); Argentina CRC/C/ARG/CO/3-4), para. 34; Belarus (CRC/C/BLR/CO/3-4), para. 71.
Committee on the Rights of the Child, concluding observations: Cuba (CRC/C/CUB/CO/2),
para. 54(c); Grenada (CRC/C/GRD/CO/2), para. 59; Bangladesh (CRC/C/BGD/CO/4), para. 92.
Committee on the Rights of the Child, concluding observations: Qatar (CRC/C/QAT/CO/2), para. 70;
Committee Against Torture, concluding observations: Syria (CAT/C/SYR/CO/1), para. 31; Belgium
(CAT/C/BEL/CO/2), para. 17.
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