A/HRC/21/31
system. Placing justice for children within that context allowed for both prevention and
comprehensive responses, such as easy access to all services.
10.
Ms. Bissel indicated that more than 1 million children were in detention, more than
2 million children in residential care, and 1.2 million children were trafficked yearly. Of the
estimated 215 million international migrants in the world, it was estimated that some 33
million (15 per cent) were under the age of 20. Tens of thousands of children currently
formed part of various armed forces and armed groups in at least 16 countries. She
concluded by saying that one of the principal issues in the area of justice for children was to
look at preventive and supportive responses for children who were at risk.
11.
Jorge Cardona Llorens, a member of the Committee on the Rights of the Child and
professor of public international law at the University of Valencia, said there were public
perceptions of increased juvenile violence and delinquency which were not based on real
data. Real data on juvenile delinquency would dismantle the myths and the fears that
children were committing serious crimes. He mentioned the trend of criminalizing young
people, including calls for increasing sanctions and lowering the minimum age of criminal
responsibility. He stressed the need for juvenile justice policies to be based on real data and
not on sensational opinions that circulated through the media. He stated that situations
and/or behaviours which were not violations of penal law should not be criminalized and
that the principle of legality had to be applied with strict compliance. Children in irregular
situations, in need of protection, and children working and/or living on the street should not
be criminalized solely because of their situations.
12.
According to Mr. Cardona Llorens, specialized justice systems for children should
be based on the principles of the Convention on the Rights of the Child and should use new
approaches and alternative measures; they should be adapted to young people. Judicial
proceedings and incarceration should be used only in extreme cases, and instead States
should resort to other measures, such as mediation between victims and offenders or
community-based approaches, and provide appropriate training for professionals dealing
with children. He stated that children must not be treated worse than adults in the juvenile
justice system, but that unfortunately in many countries the juvenile justice system did not
have the same procedural guarantees as adults. The main objective of the juvenile justice
system should be to promote the child’s reintegration in society.
13.
Julia Sloth-Nielsen, Dean of the Faculty of Law at the University of the Western
Cape and member of the African Committee of Experts on the Rights and Welfare of the
Child, said that on the African continent the majority of children grew up under the
umbrella of customary law systems, with justice administered by elders and chiefs. She
indicated that important gains had been made in a number of countries regarding the special
needs of child victims and witnesses, including hearing children’s voices; establishing
child-friendly methods for giving testimony; and reinforcing the right to privacy of child
victims and witnesses. In addition, the diversion of children away from formal justice
processes and alternatives to custodial sentencing and detention as desired objectives had
become internationally recognized, and domesticated in a large number of legal
frameworks (including, in the African continent, Malawi, Botswana, South Africa, Kenya
and Lesotho).
14.
Experience and research showed a prevailing insensitivity to the child’s right to
dignity, privacy, prompt assistance, information in a language and format that the child
understands, and conclusion of the matter in a time frame appropriate to the child’s age and
maturity. Furthermore, despite evidence-based international guidance in relation to the
treatment of children in conflict with the law, the situation on the ground remained dire:
there was often a very large gap between the law and practice, with children being mixed
with adults in the justice system, failing to secure due process guarantees such as prompt
legal assistance, and being unnecessarily deprived of their liberty. She concluded by saying
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