A/HRC/29/26
102. Where they exist, informal justice systems should integrate and apply
international human rights norms and standards concerning children in all their
decision-making procedures.
Child-sensitive adjudication
103. States should design, develop and strengthen justice systems that are sensitive
to children’s needs, rights and well-being, and allow for their best interests to be the
primary consideration. Child-sensitive justice should extend to all relevant judicial
proceedings affecting the child.
104. In judicial proceedings, children should not only be granted all guarantees
generally recognized in international human rights instruments, but also guarantees
specific to their status as minors.
105. States should set a minimum age for the criminal responsibility of children that
takes into account new scientific findings on the level of maturity and discernment of
children; this minimum age should be as high as possible, but never lower than 12
years old.
106. Regardless of the circumstances of the crime, children should never be tried as
adults. Their personal circumstances, including the fact that they are minors, should
always be weighed up in all judicial proceedings.
107. States should adopt special measures and protection, including protection
programmes, to facilitate children’s participation in criminal proceedings as victims
and witnesses in a way that respects and protects their needs and rights.
108. When sentencing children to criminal sanctions, judges should consider the
effect of their sentences on the child and balance this against the child’s best interests.
Prosecutors should also make provision of the same considerations when requesting
criminal sanctions in the cases under their purview. Children’s deprivation of liberty
should always be a measure of last resort and for the shortest possible period of time.
109. When sentencing parents, in particular to the death penalty, judges should also
consider the effect of their sentences on the well-being of the child and the child’s best
interests. Prosecutors should apply the same consideration when requesting sanctions
against parents.
Alternatives to judicial proceedings
110. Alternatives to judicial proceedings, including measures based on the principle
of restorative justice, should be available for children; such alternatives should always
be considered first.
111. States should establish guidelines and standards to govern the possibilities of
diverting children away from the criminal justice system and of using restorative
justice programmes, thereby preventing arbitrariness. Each case should nevertheless
be considered individually and in the light of the specific circumstances of the case
and the child.
Education, training and capacity-building for judges, prosecutors and lawyers
112. Institutional training on children’s rights—including relevant national,
regional and international human rights law and jurisprudence—should be
established and made compulsory for judges, prosecutors and lawyers, so as to ensure
a child-friendly justice system.
113. International human rights law, in particular regarding children’s rights,
should be included in the curricula of all law faculties and law schools, and in the
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