A/HRC/21/31
28.
Ms. Winter referred to the principles of the entrance door (avoiding detention
as much as possible) and of the exit door (using probational parole as soon as possible
and to the greatest extent possible). In most countries, recidivism of children in
detention was as high as 80 per cent. Where diversion mechanisms were used there
was a maximum rate of recidivism of 20 per cent. The costs of diversion were much
lower than the cost of maintaining prisons, which, taking into account the costs
associated with employees, food and education, would amount to the cost of a fourstar hotel. Once the child came out of prison costs were also involved, as most likely
that child would need to be on social welfare. Inappropriate and stigmatizing
language relating to children could easily be avoided, and such language adaptation
was cost free. Stigmatizing a child, even if by language, was harmful to the child. Ms.
Winter pointed out that States could address the Interagency Panel on Juvenile
Justice for technical assistance, if necessary.
III. Children deprived of liberty and children of incarcerated
parents: protection and realization of their rights
A.
Introductory remarks and statements by panellists
29.
The afternoon panel was moderated by the President of the Human Rights Council,
and focused on children deprived of liberty and children of incarcerated parents.
Introductory remarks were made by Sandeep Chawla, Deputy Executive Director of the
United Nations Office on Drugs and Crime. Panellists included: Marta Santos Pais, Special
Representative of the Secretary-General on violence against children; Rani D. Shankardass,
Secretary-General of the Penal Reform and Justice Association–India; Luis Pedernera,
Latin American and Caribbean Network for the Defence of the Rights of Boys, Girls and
Adolescents; Dainius Puras, Head and Professor of the Centre of Child Psychiatry and
Social Pediatrics at Vilnius University; and Abdul Manaff Kemokai, Executive Director of
Defence for Children International, Sierra Leone.
30.
Mr. Chawla said that the United Nations Office on Drugs and Crime had at the core
of its mandate the promotion of efficient, fair and humane criminal justice systems that
protect the vulnerable and respect human rights. A common challenge faced by many
countries was the lack of data and statistics available on children in contact and in conflict
with the law, which, in fact, was a prerequisite for the development of sound policies and
programmes aimed at promoting justice for children. In many countries, the legal and
policy framework was simply inadequate to deal with children in contact with the law as
alleged offenders, victims or witnesses. Moreover, criminal justice systems in many
countries did not provide for mechanisms and institutions to enable children to benefit from
diversion and alternative measures, leading to overreliance on deprivation of liberty of
children in trouble with the law. It was estimated that over 1 million children worldwide
were deprived of liberty, and not much was known about the profile of children in
detention. Most of those children were charged with petty crimes and very few had
committed violent offences. Many had been rounded up for homelessness and vagrancy and
had committed no offence at all. The vast majority of children in trouble with the law never
met with a lawyer prior to their trial.
31.
Mr. Chawla emphasized that the consequences of violating children’s rights in the
administration of justice could not be underestimated. Such violations seriously pre-empted
the development and the ability of the child to grow into a functioning adult. The promotion
and protection of children’s rights in the administration of justice was a matter of priority
that could no longer be neglected by States and societies. It was also an obligation
undertaken by countries ratifying the Convention on the Rights of the Child. In addition, a
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