A/HRC/21/31
took the floor: International Juvenile Justice Observatory1, Amnesty International, Human
Rights Advocates and the Consortium for Street Children.
19.
Issues raised during the interactive dialogue included the need to abolish the death
penalty and life imprisonment without parole for those who committed crimes while under
the age of 18 and apply the best interests of the child in all circumstances affecting them.
Reference was made to ensuring the proportionality of a sentence to the offence committed
and the importance of raising the minimum age of criminal responsibility to 12 years,
where it is lower, in accordance with international guidelines. Many speakers referred to the
positive impact of the promotion of alternative measures to detention, such as community
service, and the fact that the juvenile justice system should be oriented to the reintegration
of the offender with his family and in society. It was also noted that the lack of birth
certificates and age determination processes put children at risk of being treated as adults
and that that could lead to human rights violations.
20.
Public awareness-raising, national capacity-building, creating a culture of respect for
children, and supporting the family could contribute to the promotion and protection of the
rights of the child. Prevention of juvenile delinquency was a priority, as was the training of
judges and judicial personnel. Some speakers referred to poverty, family breakdown and
economic difficulties as causes leading children to become involved in criminal activities
and in conflict with the law. It was important to invest in education and rehabilitation
programmes. Repressive systems were not appropriate for juvenile offenders, and
imprisonment should be used only as a last resort.
21.
The International Juvenile Justice Observatory requested the United Nations to work
on a global report on mental health of juveniles in contact with the criminal justice system.
Amnesty International called on the Human Rights Council to ensure universal compliance
with the universal prohibition of imposing death sentences on juvenile offenders. Human
Rights Advocates requested that juveniles serving life in prison be given a chance to be
heard by a parole board, and called upon States to commute life sentences to other
sentences. The Consortium for Street Children indicated that street children were often
victims of violence, police brutality and round-ups and called upon States to repeal
legislation prohibiting begging, loitering, vagrancy and running away. They emphasized
that children in street situations should not be criminalized, a recommendation that was also
presented in the report of the High Commissioner for Human Rights on children working
and/or living on the street (A/HRC/19/35) recently presented to the Council.
22.
A number of questions were posed by States: What preventive measures would be
crucial for lowering the number of children in conflict with the law? What measures could
the Human Rights Council take to ensure that the imposition of the death penalty and life
imprisonment on children was ended once and for all? How to ensure that such inhuman
sentences become a thing of the past? What measures could States take to ensure that there
was no violence in closed institutions and that rehabilitation really served its intended
purpose? What were the costs of diversion compared to the costs of sending children to
prison? How would a juvenile offender deal with the stigma of having been in prison? What
could help in overcoming social prejudices? How to ensure the rendering of the necessary
legal and psychological assistance for young victims, young witnesses and their families
after crime? What were good practices in disseminating juvenile justice principles? What
could be the role of the international community in supporting the reform of national
juvenile justice systems to ensure respect for the rights of the child?
1
Joint statement with the Open Society Justice Initiative and Penal Reform International.
7
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