A/HRC/21/31
number of United Nations international standards and norms in crime prevention and
criminal justice offered guidance to States on how that should be done. The panellist
referred, inter alia, to the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (the Beijing Rules, 1985), the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty (the Havana Rules, 1990) and the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines, 1990). He
concluded by stating that violations of children’s rights in the administration of justice
called for a multifaceted response. Although States had the primary responsibility, the role
of non-State actors was also essential. The international community had also a key role to
play in this regard.
32.
Ms. Santos Pais, Special Representative of the Secretary-General on violence
against children, said that a juvenile justice system framed by the rights of the child was
critical for the prevention of incidents of violence against children; unfortunately, juvenile
justice remained an area where children’s rights were often put at risk and where violence
remained a serious challenge. Thousands of children were still deprived of liberty, not as a
measure of last resort, and in many cases were awaiting trial for endless periods of time. A
large proportion of those children were held for minor offences, detained in inhuman
conditions, without education and vocational training and/or options for a genuine
rehabilitation. Countless children endured violence and humiliating treatment by staff in
detention centres, as a form of control, discipline or punishment; they risked torture, rape
and abuse, including when placed in facilities with adults. It remained difficult to access
data on the numbers of children deprived of liberty and on the reasons that led to their
placement in detention centres or in care institutions.
33.
The Special Representative noted that, similarly, there was a lack of independent
mechanisms to safeguard children’s rights in the justice system and to address any
complaints presented by child victims, which led to a culture of impunity and tolerance of
violence. She referred to the Expert Consultation on the prevention of and responses to
violence against children within the juvenile justice system and shared some
recommendations from the meeting. It was critical to promote strong and cohesive national
child protection systems to prevent the involvement of children in the criminal justice
system, and to secure children’s protection from violence. It was necessary to minimize the
cases of children in contact with the juvenile justice system. Similarly, it was urgent to set
the minimum age of criminal responsibility in line with international standards, and it was
vital to reduce the use of deprivation of liberty to truly as a measure of last resort and for
the shortest period of time. Banning all forms of inhuman sentencing was of utmost
urgency, and investing in restorative justice, diversion mechanisms and alternatives to
deprivation of liberty was a critical component of that process.
34.
Ms. Shankardass, Secretary-General of the Penal Reform and Justice Association–
India, said that the issue of children of incarcerated parents was a universal one, yet it had
been universally neglected. The State had obligations to children of incarcerated parents
because it had interfered with their family life by separating the children from their parents.
In South Asia, home to one fifth of the world’s population, the most basic quantitative
information about children who had parents in prison was lacking. The only obtainable
figure was that of children accompanying mothers to a prison on any given day when the
statistics were recorded in the registers. She explained that the lack of an all-inclusive
socioeconomic development in the South Asian region acutely affected the delivery of
human rights for those ―left behind‖. Families of incarcerated persons were usually poor
and powerless, with neither the means nor the know-how to address the issue of rights.
National acts and international documents relating to child rights existed in each of the
countries of South Asia, but the special category ―children of incarcerated parents‖ was
conspicuous by its absence in the criminal justice system. The effects of parental
incarceration on children should be addressed by bringing the subject onto the national
10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents