A/HRC/14/35
I. Introduction
1.
In its resolution 10/2 the Human Rights Council reaffirmed the importance of the
full and effective implementation of all United Nations standards on human rights in the
administration of justice. In doing so, it called on Member States to spare no effort in
providing for effective legislative, judicial, social, educative and other relevant mechanisms
and procedures, as well as adequate resources, to ensure the full implementation of those
standards. In the resolution the Council also identified specific aspects of the administration
of justice, including juvenile justice in relation to which Member States are urged to ensure
the protection of human rights. The present report is submitted to the Council pursuant to
paragraph 19 of the resolution, in which the Council requested the United Nations High
Commissioner for Human Rights to report to the Council on the implementation of the
resolution. It is based on replies to a note verbale sent by the Office of the United Nations
High Commissioner for Human Rights (OHCHR) to all Member and observer States.1
2.
In resolution 10/2 the Council also requested the Secretary-General to submit a
report to the Council on the latest developments, challenges and good practices in human
rights in the administration of justice, including juvenile justice and conditions for women
and children in detention, as well as in the activities undertaken by the United Nations
system as a whole. The present report should be read in conjunction with the report of the
Secretary-General (A/HRC/14/34) submitted pursuant to the resolution.
II. Summary of country replies to the note verbale
1.
The development of comprehensive juvenile justice policies, including
the use of alternative measures in respect of children, and rehabilitation
and reintegration strategies for former child offenders
3.
In resolution 10/2 the Council encouraged States that have not yet integrated
children’s issues in their overall rule of law efforts to do so, and to develop and implement
a comprehensive juvenile justice policy to prevent and address juvenile delinquency as well
as with a view to promoting, inter alia, the use of alternative measures, such as diversion
and restorative justice, and ensuring compliance with the principle that deprivation of
liberty of children should only be used as a measure of last resort and for the shortest
appropriate period of time, as well as to avoid, wherever possible, the use of pretrial
detention for children (para. 9). The development of a comprehensive juvenile justice
policy at the national level in line with relevant international standards is encouraged by the
Committee on the Rights of the Child, and guidance is provided in the Committee’s general
comment No. 10 (2007) on children’s rights in juvenile justice.
4.
Bosnia and Herzegovina reported that the best interests of the child is the
fundamental principle guiding the administration of juvenile justice in the country. Special
provisions based on relevant international standards govern the way in which juvenile
offenders are dealt with in criminal matters. These provisions include a separate set of
procedural rules which are aimed at, among other things, assisting tribunals in finding the
1
GE.10-13056
Replies were received from Bosnia and Herzegovina, Canada, Mexico, the Netherlands, Paraguay, the
Republic of Moldova, Slovakia and Uruguay. Replies received after the deadline for processing of the
report will be issued in an addendum to the present report.
3
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