A/HRC/25/47 E. 1. Overcoming challenges in developing and implementing restorative justice for children Addressing negative social perceptions 108. The social perception that juvenile delinquency is on the rise and that the children concerned pose a security threat is often not based on data. Moreover, the negative perception and stereotyping of children involved with the criminal justice system represents a significant challenge to the development and implementation of appropriate restorative justice legislation, policies and programmes. There is therefore an urgent need for effective advocacy and awareness-raising to reassure society of the benefits of restorative justice programmes. 2. Ensuring a sound legal framework 109. Sound legislation is indispensable for safeguarding access to justice and the protection of children’s rights in the juvenile justice system, to prevent children’s criminalization and exposure to violence, and to ensure the use of restorative justice whenever appropriate. 110. Without a clear framework provided by the law, there may be inconsistent and even complete abandonment of the implementation of restorative processes. Firm and clear legislation is crucial for instituting and legitimizing viable restorative justice programmes. And it becomes indispensable to establish child-sensitive counselling and complaint mechanisms that support children’s access to justice and involvement in restorative processes, while avoiding the risk of their manipulation in these processes. 3. Enhancing capacity-building for all relevant stakeholders 111. Several case studies have demonstrated that even when diversion to restorative justice has been promoted as an alternative to formal judicial proceedings, important risks may persist for the protection of children. These include the use of threats to obtain compliance with a restorative agreement; testimony of a child or admission of responsibility obtained through undue means; referral to a diversion programme without the prior consent of the victim or the offender; the use of rushed mediation sessions; referral to public mediation sessions, where the right to confidentiality is violated; and the referral of cases to restorative justice conferencing without any preliminary inquiry or compelling evidence. 112. A key to overcoming these challenges is continuous training, supported by standard operating procedures and clear guidance to protect the best interest of the child, and to facilitate preliminary assessments and evidence gathering. 4. Promoting coordination among all restorative justice service providers and justice actors 113. Most children who go through a restorative justice process will need services and support to fully rehabilitate and reintegrate. Children’s engagement in formal education, vocational training, sports and other leisure activities help to build nurturing relationships and coping strategies, and prevent behavioural patterns that may lead to reoffending. 114. With this in mind, the effective coordination of all actors and service providers across multiple sectors and levels of administration is essential to ensure holistic and effective restorative justice programmes for children. 21