A/HRC/19/2
principle that deprivation of liberty of children should only be used as a measure of last
resort and for the shortest appropriate period of time, as well as to avoid, wherever possible,
the use of pretrial detention for children;
51.
Calls upon States to abolish by law and in practice, as soon as possible, the
death penalty and life imprisonment without possibility of release for those under 18 years
of age at the time of the commission of the offence;
52.
Also calls upon States to commute immediately such sentences and to ensure
that any child previously sentenced to the death penalty or life imprisonment without
possibility of release is removed from special prison facilities, especially from death row,
and transferred to regular institutions of detention appropriate for the age of the offender
and the offence committed;
53.
Calls upon all States to protect children deprived of their liberty from torture
and other cruel, inhuman or degrading treatment or punishment, and to ensure that, if they
are arrested, detained or imprisoned, children are provided with adequate legal assistance
and that they have the right to maintain contact with their family through correspondence
and visits from the moment they are arrested, save in exceptional circumstances, and that
no child is sentenced or subject to forced labour or corporal punishment, or deprived of
access to and provision of health care and services, hygiene and environmental sanitation,
education, basic instruction and vocational training, and to undertake prompt investigations
of all reported acts of violence and ensure that perpetrators are held accountable;
54.
Urges States to take special measures to protect children in contact with the
law, including by means of the provision of adequate legal assistance, training in juvenile
justice for judges, police officers, prosecutors and specialized lawyers, in addition to other
representatives who provide other appropriate assistance, such as social workers; the
establishment of specialized courts, as appropriate; the promotion of universal birth
registration and age documentation; and the protection of the right of juvenile offenders to
maintain contact with their families through correspondence and visits, save in exceptional
circumstances;
55.
Also urges States to presume children alleged as, accused of or recognized as
having infringed the criminal law to be under the age of majority when their age is in doubt
until such an assumption is rebutted by the prosecution, and to treat the accused as a
juvenile if the burden is not met;
56.
Further urges States to ensure that, from the very first contact with the justice
system, special measures are in place so that the child understands the nature of
proceedings and what is at stake for the child, and that the child is informed of his or her
rights in a comprehensible manner, according to his or her age and level of maturity;
57.
Urges States to ensure that the child is assisted during all judicial proceedings
by a competent adult, parent or guardian, in addition to the child’s lawyer, and to ensure
that the child’s right to be heard in proceedings is observed;
58.
Calls upon States to respect the privacy of the child throughout criminal
proceedings, and to ensure that any identification of the child is only made in exceptional
and duly justified circumstances;
59.
Also calls upon States to enact or review legislation to ensure that any
conduct not considered a criminal offence or not penalized if committed by an adult is not
considered a criminal offence and not penalized if committed by a child, in order to prevent
the child’s stigmatization, victimization and criminalization;
114
GE.13-14768
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