A/HRC/14/35
most appropriate sanction for ensuring the positive social reintegration of the offender.
Diversion from ordinary criminal proceedings is possible, one of the conditions being that
the offender is no older than 21 years at the time of the trial. In addition, trials of children
are conducted by judges with juvenile justice experience, the juvenile must be represented
by defence counsel, and the prosecutor must consider whether seeking a custodial sentence
is justified before instituting criminal proceedings against a child. Exceptionally, juveniles
may be placed in pretrial detention.
5.
In order to avoid the detention of juveniles, children between the age of 14 (the age
of criminal responsibility) and 16 may receive only correctional measures rather than
sentences. The purpose of these correctional measures is to provide offenders with
assistance and protection while exercising control over their lives with a view to ensuring
education, training and development. Examples of correction measures include committal
to a disciplinary centre and intensified supervision by parents, foster parents or a social
welfare body. Such measures may be accompanied by additional measures such as an
apology to the victim, payment of compensation to the victim to the best of the juvenile’s
abilities, prohibitions on the use of alcohol and drugs, and compulsory counselling. A
custodial sentence for juveniles remains a possibility as a last resort, including short periods
of solitary confinement.
6.
Slovakia referred to new legislation that more fully respects both the constitutional
rights and the international human rights obligations binding on the State. The age of
criminal responsibility is 14 years and special provisions apply to offenders aged 14 to 18
years. These include a range of penalties to avoid the detention of juveniles, such as
community service, payment of a fine, forfeiture of a piece of property, and the prohibition
of certain activities.
7.
Canada referred to its national Youth Criminal Justice Act (2002), which as federal
legislation applies in all provinces and territories of Canada, and provides the legal basis for
all the policies and practices on the treatment of juveniles in the administration of justice.
The Act refers to the Convention on the Rights of the Child in its preamble, and includes a
Declaration of Principle that sets out the comprehensive juvenile justice policy of Canada.
The Act provides for the use of alternative measures in juvenile cases (which can include
diversion and restorative justice), as well as rehabilitation and reintegration strategies. Part
4 of the Act provides for a range of community sentences for youth, and states that youth
custody sentences should be used only as a last resort, and that rehabilitation and
reintegration components must form part of each sentence.
8.
The Netherlands reported that the use of alternative sanctions in the country’s
juvenile justice system is being promoted, with non-custodial sanctions being preferred
over detention. Alternative sanctions include measures of redress, such as the extension of
an apology to the victim and the payment of compensation. The national organization Halt
is responsible for the enforcement of alternative punishment for juveniles, and
approximately half of the juveniles arrested by Netherlands police are referred to a Halt
office for enrolment in one of its programmes. With respect to rehabilitation and
reintegration, the Netherlands reported that in recent years investment has been made in a
system of post-release care for individuals following time in a juvenile detention facility. A
post-release programme and trajectory for juveniles is discussed at the time the juvenile
enters detention. A trajectory plan and guidance is established for juveniles and their
parents, following input from relevant actors, including the Child Protection Board, youth
probation services, juvenile detention centres and city councils.
9.
The Republic of Moldova highlighted the country’s development of a
comprehensive approach to juvenile justice, including the possibility of the exemption of
juveniles from criminal responsibility and the use of non-custodial sanctions such as strict
parental supervision, payment of damages, treatment and counselling, and internment in a
4
GE.10-13056
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