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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