A/HRC/19/2
60.
Urges States to take all necessary and effective measures, including legal
reform where appropriate, to prevent and respond to all forms of violence against children
within the justice system;
61.
Encourages States to collect relevant information concerning children within
their criminal justice systems so as to improve their administration of justice, while being
mindful of the children’s right to privacy, with full respect for relevant international human
rights instruments, and bearing in mind applicable international standards on human rights
in the administration of justice;
62.
Calls upon States to consider establishing independent national or
subnational mechanisms to contribute to the monitoring and safeguarding of the rights of
the child, including children within their criminal justice systems, and to address children’s
concerns;
63.
Encourages States to foster close cooperation between the justice sectors,
different services in charge of law enforcement, social welfare and education sectors in
order to promote the use and improved application of alternative measures in juvenile
justice;
64.
Stresses the importance of including rehabilitation and reintegration
strategies for former child offenders in juvenile justice policies, in particular through
education programmes, with a view to their assuming a constructive role in society;
65.
Encourages States not to set the minimum age of criminal responsibility at
too low an age level, bearing in mind the emotional, mental and intellectual maturity of the
child, and, in this respect, refers to the recommendation of the Committee of the Rights of
the Child to increase their lower minimum age of criminal responsibility to the age of 12
years as the absolute minimum age, and, where applicable, to continue to increase it to a
higher age level;
66.
Calls upon relevant special procedures of the Human Rights Council to pay
special attention to questions relating to the effective protection of human rights in the
administration of justice, including juvenile justice, and to provide, wherever appropriate,
specific recommendations in this regard;
67.
Invites States, upon their request, to benefit from technical advice and
assistance in juvenile justice provided by the relevant United Nations agencies and
programmes, in particular the Interagency Panel on Juvenile Justice, in order to strengthen
national capacities and infrastructures in the field of the administration of justice, in
particular juvenile justice, and encourages States to provide the secretariat of the Panel and
its members with adequate resources;
Children of incarcerated parents
68.
Welcomes the day of general discussion on children of incarcerated parents,
held by the Committee on the Rights of the Child on 30 September 2011, takes note with
interest of the outcomes thereof, and invites States to take the recommendations made at the
discussion into account;
69.
Calls upon States:
(a)
To give priority, when sentencing or deciding on pretrial measures for a
pregnant woman or a child’s sole or primary care-giver, to non-custodial measures, bearing
in mind the gravity of the offence and after taking into account the best interests of the
child;
(b)
To ensure that the best interests of the child should be a primary
consideration in relation to the question of whether and how long children of imprisoned
GE.13-14768
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