A/HRC/22/55
6.
Prevention of and responses to violence against children within the juvenile justice
system
34.
A juvenile justice system framed by the rights of the child is critical to safeguard
children’s access to justice and enable their participation in administrative and judicial
proceedings that children can understand and effectively use; shape a non-intimidating
justice environment; and address incidents of violence, including when children are
deprived of liberty.
35.
The justice system is an area where children’s rights can be at risk and where
violence is often invisible and concealed, as well as rarely investigated and punished.
Incidents of violence occur while in the custody of police and security forces, in pretrial
detention, after conviction and as a form of sentencing. Violence can be perpetrated by
staff, adult detainees and other children, or be the result of self-harm.
36.
To address these concerns, in 2012 the Special Representative organized an expert
consultation and issued a joint report (A/HRC/21/25) with the United Nations Office on
Drugs and Crime and OHCHR, and highlighted the urgency of:
(a)
Preventing the criminalization and penalization of children, including by
strengthening a well-resourced child protection system to avoid the use of the justice system
as a replacement for an ill-functioning system of care and protection of children; ensuring a
universal system of birth registration to safeguard children’s protection and prevent their
treatment as adults; decriminalizing “status offences”, such as begging and vagrancy; and
preventing the detention of children with mental health and substance abuse problems and
of unaccompanied migrant children and asylum seekers on the basis of their status;
(b)
Introducing a legal prohibition of all forms of violence within the juvenile
justice system, including as a form of punishment, treatment or sentencing and establishing
by law safe and child-sensitive counselling, reporting and complaints mechanisms to
prevent and respond to incidents of violence; raising the age of criminal responsibility in
line with international human rights standards; recognizing deprivation of liberty as a
measure of last resort and for the shortest appropriate time and putting in place an effective
system of restorative justice and non-custodial options for children;
(c)
Establishing a system of accountability for incidents of violence against
children, including through oversight and monitoring initiatives, inspection of places of
detention, unannounced visits by independent institutions and the prompt investigation of
incidents of violence;
(d)
Ensuring qualified and trained personnel through a sound system of selection,
recruitment and retention of competent professionals, and continued education and capacitybuilding on children’s rights and juvenile justice standards to prevent and address violence
against children; and
(e)
Promoting data collection, analysis and dissemination and developing
research and reporting schemes to assess, prevent and respond to incidents of violence
against children within the juvenile justice system.
7.
Prevention and elimination of violence in early childhood
37.
The Study called for the protection from violence of children in early years and
recognized the crucial importance of positive parenting, home visitation and early
childhood care and development programmes.
38.
Early childhood is a fundamental stage in children’s development and a strategic
opportunity to prevent violence and break the cycle of abuse affecting children. In early
years, violence is associated with serious challenges. They often occur in the privacy of the
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