A/HRC/19/64
3.
Child victims should be assessed without delay, and for victims of violence within
the home and family, the protective capacity of the non-violent caregiver and the situation
of other children living in the home should be established.
6.6.
Recovery, rehabilitation and social reintegration
1.
The state should take all appropriate measures to promote physical and
psychological recovery and rehabilitation of child victims and witnesses of violence ww and,
if need be, of their families. Such services should be provided without delay and in an
environment which fosters the child‘s health, self-respect and dignity.
2.
The implementation of recovery and reintegration measures for child perpetrators of
violence should be based on the child‘s best interests, limited by the gravity of the offence
committed (principle of proportionality) and take account of the age, physical and mental
well-being, development, capacities and personal circumstances (principle of
individualisation), as ascertained when necessary by psychological, psychiatric or social
inquiry reports.xx
3.
The services responsible for the recovery, rehabilitation and social reintegration of
child victims, witnesses or perpetrators of violence should follow a multidisciplinary and
multi-agency approach, seeing the child in the wider context of family, community and her
or his cultural background. A proper balance should be sought between mainstream and
specialised services, as well as programmes addressing individual and relationship factors
and those focusing on community and societal aspects.
The justice systemyy
6.7.
1.
Judicial and extra-judicial proceedings should be pursued in the best interests and in
full respect of the rights of the child, including the right to be protected from all forms of
violence.
2.
To protect the rights of the child and children‘s legitimate interests throughout the
process, children should be granted access to mediation, free and independent legal
services, and advocacy and support services. Efforts should be made to ensure that the
remedies available are effective and that there is effective enforcement of judicial decisions
and judgments.
3.
Judicial and extra-judicial proceedings involving children should be expedited,
treated as a priority and be completed without unjustified delay. To this end, stronger cooperation and co-ordination among all parties to the judicial process should be
encouraged.7
4.
Judicial and extra-judicial proceedings should respect the child‘s right to be heard
and to have her or his views given due weight. To allow their meaningful participation,
children should be informed about their procedural rights in a manner which takes full
account of their age and level of maturity and supported by an independent representative.
ww
xx
yy
88
Refer to Article 39, UNCRC and to Committee of Ministers‘ Recommendation Rec(2003)20, cited
above.
Refer to Recommendation CM/Rec(2008)11, cited above.
In 2009 the Group of Specialists on Child-Friendly Justice (CJ-S-CH) drafted Council of Europe
Guidelines on child-friendly justice. The guidelines will be adopted as a Committee of Ministers‘
recommendation in 2010.
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