A/HRC/19/64
5.
Special protection, procedures and facilities should be provided to ensure child
victims and witnesses of violence are fully supported. In particular:
a.
judicial proceedings should not aggravate the trauma experienced by the
child. Where appropriate, the justice response should be followed swiftly by adequate
support services;
b.
the privacy of children and of their families should be protected throughout
the process.zz Where necessary, appropriate security measures should be taken to avoid
intimidation, subjection to retaliation or repeat victimisation of child victims and witnesses
of violence and of their families.
6.
The age of criminal responsibility should be determined by law and be set suitably
high, bearing in mind factors related to the child‘s development. For child perpetrators of
violence, concepts of retribution and repression should give way to rehabilitation and
restorative justice objectives, with due attention to effective public safety and appropriate
human rights and legal safeguards for the child victims. aaa
7.
Alternatives to institutionalised care for child perpetrators of violence should be
established, such as help, guidance and supervision orders; counselling; probation; foster
care; and educational and vocational training programmes. The overall objective of such
measures should be to facilitate children‘s successful socialisation and reintegration in the
family, the community and society.
8.
Child perpetrators of violence should not be deprived of their liberty other than
where it is necessary as a measure of last resort, used for the shortest period of time and
takes place in specially designed premises. The conditions of the detention should be in
conformity with the UNCRC and other relevant standards and take into account children‘s
specific needs.bbb Children undergoing any form of detention should be detained separately
from adults, unless this is considered to be contrary to their best interests.ccc
7.
Research and data
1.
Identification of an effective strategy for the protection of children from violence
depends on the availability and proper analysis of data at national, regional and local levels.
The adoption of a national research agenda represents the most appropriate way of
promoting an integrated and systematic approach to data collection, analysis, dissemination
and research. This approach, inter alia, implies the following:
Research
a.
baseline study on violence against children as a prerequisite to any strategic
planning process;
b.
ethical and regular research involving interviews with children and separately
with their parents or carers, in conditions of confidentiality and trust, to establish as
accurately as possible the actual experience of violence by children;
zz
aaa
bbb
ccc
Refer to the European Court of Human Rights, V. v. the United Kingdom, 1999.
Refer to Recommendation CM/Rec(2008)11, cited above.
Refer to Committee of Ministers ‗Recommendations Rec(2006)2 and CM/Rec(2008)11, both cited
above.
Op. cit., refer also to the UN Rules for the Protection of Juveniles Deprived of their Liberty (Havana
Rules), the UN Minimum Rules for Non-custodial measures (Tokyo Rules) and the UN Standard
Minimum Rules for the Administration of Juvenile Justice (Beijing Rules).
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