A/HRC/21/31
Convention of the Rights of the Child as well as the numerous international standards and
norms in the field of juvenile justice, including general comment No. 10 (2007) of the
Committee on the Rights of the Child, which provide clear guidelines for States to establish
juvenile justice systems in compliance with the Convention on the Rights of the Child.
Those entail the use of alternative measures, such as diversion and restorative justice, and
options to respond to children in conflict with the law effectively.
7.
The High Commissioner stated that one alarming concern was a growing public
perception that juvenile delinquency was increasing. Such a perception, not grounded upon
evidence but based on media reports of a few serious cases, influenced the political
discourse and too often led to the adoption of legislation on the treatment of young
offenders that weakened children’s rights. In particular, she expressed concern at the trend
towards lowering the minimum age of criminal responsibility and stressed the need to
maintain the age of 12 as the absolute minimum, concurring with the Committee in urging
countries with a higher minimum age of criminal responsibility not to lower it, and
applauding those who set it at a higher age, such as 14 or 16. She said that in certain
countries, children may spend months or even years in pretrial detention, which constituted
a serious violation of article 37 (b) of Convention of the Rights of the Child. Concerning
forms of legalized violence against children, such as capital punishment, life imprisonment
without parole and corporal punishment as a sentence for a crime, the High Commissioner
stated that they were clear violations of the rights of the child.
8.
Antonio Caparros Linares, who had been in conflict with the law as a juvenile,
explained that his childhood and adolescence had been unstable and that he had been
involved with groups that initiated him into substance use, which led him to enter into
conflict with the law. He indicated that the relationship with his family and those who loved
him had been very affected by his behavior. He explained that he had committed his first
offence when he was 16 and spent several years in a rehabilitation center. He made
extensive reference to the time he had spent in Centro Reeducativo La Villa, in Villena,
Alicante, Spain, run by Fundación Diagrama Intervención Psicosocial, where he received
help and was made to see the consequences of his behaviour and the impact of his actions
on his loved ones. At the centre he participated in workshops on construction and
gardening, which helped him obtain a job afterwards. He thanked the Human Rights
Council for seriously considering the situation of juveniles in difficult situations and
helping them in their social reintegration.
9.
Susan Bissell, Chief of the Child Protection Section and Associate Director, of the
Programme Division at UNICEF in New York, explained that ―justice for children‖
referred to policies and programmes that aimed to ensure that children were better served
and protected when they came into contact with justice systems—as victims/survivors,
witnesses and alleged perpetrators, or for other reasons where judicial intervention is
needed, for example, regarding their care, custody or protection. She explained that justice
for children went beyond juvenile justice—beyond children in conflict with the law—to
include all children in contact with any justice system, for whatever reason. She
emphasized that that was an important shift, as it recognized that children did engage with
legal systems for many reasons. She indicated that UNICEF placed justice for children
within the overarching child protection systems approach, which actualized a protective
environment. A child protection system was comprised of a set of laws, policies,
regulations and services that were organized to prevent and respond to protection-related
risks—the risks of violence, abuse and exploitation. Such a system pushed the justice-forchildren agenda to recognize that a child might be in contact with the law for different
reasons, and that those different reasons might apply to the same child. A child who was on
the street might also be suffering from mental health difficulties and might also be a
migrant child. Approaching children holistically was an important part of a child protection
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