A/HRC/21/31
process of helping child offenders become law abiding and behave in conformity with the
norms and values of society. Reintegration was the process of taking back children from the
street or institutions to their families and communities. Rehabilitation required positive
psychological and physical changes in the child. Achieving the offender’s reconciliation
with the victim was a crucial milestone in the process of rehabilitation and reintegration of
a child offender. In many cultures in Africa, traditional or cultural methods of rehabilitation
included traditional ceremonies that were performed to cleanse the offence and ask for
forgiveness. He explained that reintegration was more difficult when a child had been taken
out of his or her home because the link and trust with the family had been broken. Juvenile
justice should examine not only the crime committed by the child but also the broader
social and economic injustices within the family and society that were crucial for
prevention, rehabilitation and reintegration.
39.
Mr. Kemokai stated that child reintegration required a competent facilitator, able to
facilitate the child’s access to social services and provide continuing psychological support.
In playing such role it was advisable for the social worker to fully involve the child and
family if available. The family could also require support to be able to keep the child. An
important component of a child’s reintegration was to address the underlying problems that
led to the delinquency of the child, which could include neglect, deprivation, poverty, abuse
and/or social exclusion. He concluded by stating that the child and family should be given
the opportunity to play an active role throughout the process of rehabilitation and
reintegration.
B.
Plenary discussion
40.
During the interactive dialogue, the following delegations spoke: Norway, United
Kingdom of Great Britain and Northern Ireland, Mauritania (on behalf of the Arab Group),
United States of America, Switzerland, Brazil, Belarus, Azerbaijan, Algeria, Germany,
Argentina, Armenia, Slovenia, Turkey, Democratic Republic of the Congo, Uruguay,
Indonesia, China, Republic of Korea, Tunisia, Georgia, Chile, Cuba, Russian Federation,
Morocco, Portugal and Maldives. The International Labour Organization also took the
floor. The following NGOs also intervened: Friends World Committee for Consultation –
Quakers2, Union of Arab Jurists3 and Defence for Children International.
41.
During the discussion concern was expressed by some countries about the overuse
of deprivation of liberty, including pretrial detention, and the fact that youth of colour were
at disproportionate risk of being in contact/in conflict with the justice system. Reference
was also made to the millions of children around the world that were affected by the
incarceration of their parents and the fact that parental absence due to incarceration could
leave lasting consequences on the physical and emotional well-being of children, especially
young children and toddlers. Several speakers emphasized that juvenile justice systems had
to be adapted to children’s needs and had to ensure the participation of the child. States
provided examples of what they were doing in respect of juvenile justice in complying with
the Convention on the Rights of the Child.
42.
Speakers made reference to efforts made to establish restorative justice systems, as
well as the need for wide-ranging programmes at the level of prevention. The importance of
2
3
12
Joint statement with the International Catholic Child Bureau, the International Baby Food Action
Network and SOS Children’s Villages International.
Joint Statement with the International Organization for the Elimination of All Forms of Racial
Discrimination, Arab Lawyers Union, General Arab Women Federation, North-South XXI, the
United Towns Agency for North-South Cooperation, and the International Educational Development.
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