A/HRC/25/47 59. With a view to reversing this worrying trend, a number of countries have recognized the value of promoting restorative justice processes to protect children and safeguard their rights in the justice system (see box below). Indonesia adopts legislation on restorative justicea • The law is framed by the Convention on the Rights of the Child and addresses children as offenders, as victims and as witnesses of crimes. • Status offences are decriminalized. • The minimum age of criminal responsibility is raised from 8 to 12 and marital status no longer constitutes grounds for treating the child as an adult. • Children’s right to legal counsel and other assistance and to access justice before an objective and impartial court and in closed proceedings is recognized, as is the right to humane treatment and freedom from torture and other inhuman, cruel and degrading treatment or punishment. • Protection of privacy and confidentiality of the child’s identity in public media is guaranteed. • Arrest, detention or imprisonment can be used only as a last resort and for the shortest possible time. • Only specialized personnel can handle cases of children involved with the justice system. • Police, prosecutors and judges are required to prioritize diversion and restorative justice in cases of an offence punishable with a sentence of imprisonment of up to a maximum of seven years and when the child is not a recidivist. • Legislation provides a variety of sentencing options, including admonishment, noninstitutional and institutional treatment, social services, supervision and vocational training. a A. Source: Promoting Restorative Justice for Children, p. 4. Law No. 11/2012 will enter into force in 2014. International legal framework for restorative justice 60. The establishment of a restorative justice programme is framed by significant international standards on the protection of the rights of children involved with the criminal justice system.17 In particular, the Convention on the Rights of the Child recognizes the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth so as to reinforce the child’s respect for the human rights and fundamental freedoms of others, taking into account the age of the child and the desirability of promoting his or her social reintegration, and his or her assumption of a constructive role in society (art. 40, para. 1). The Convention encourages the establishment of a separate justice system specifically applicable to children (art. 40, para. 3); anticipates measures to deal with the child without resorting to judicial proceedings, provided that human rights and legal safeguards are fully respected (art. 40, para. 3 (b)); and makes reference to a variety of 17 Promoting Restorative Justice for Children, pp. 5, 44–49. 13

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