A/HRC/21/25
I. Introduction
1.
In its resolution 18/12 of 24 September 2011 on human rights in the administration
of justice, in particular juvenile justice, the Human Rights Council invited the Office of the
High Commissioner for Human Rights, the United Nations Office on Drugs and Crime and
the Special Representative of the Secretary-General on Violence against Children to
collaborate in the organization of an expert consultation on prevention of and responses to
violence against children within the juvenile justice system and to submit a report thereon.
2.
The Expert Consultation took place in Vienna on 23-24 January 2012. It was hosted
by the United Nations Office on Drugs and Crime (UNODC) and co-organized with the
Office of the High Commissioner for Human Rights (OHCHR) and the Special
Representative of the Secretary-General on Violence against Children, in cooperation with
the Government of Austria. Participants included representatives from international and
regional human rights bodies, governmental and State institutions, academia and civil
society.
3.
The Expert Consultation focused on the risks and systemic factors contributing to
violence against children within the juvenile justice system, and strategies and practical
recommendations to prevent and respond to violence against children within the juvenile
justice system.
4.
This report is informed by the results of the consultation and a research paper
conducted by an independent consultant, Ann Skelton, of the University of Pretoria, South
Africa.
II. Background
5.
The report builds upon the 2006 United Nations Study on Violence against Children
which remains a foundational document for the prevention and elimination of all forms of
violence against children in all settings, including within juvenile justice systems. The
Study recognized that children in the custody of the police or in criminal justice institutions
are at a high risk of violence, including as a result of the public perception of them as being
antisocial or criminals and the prevalence of physical and psychological punitive
approaches. The Study urged States to prohibit, prevent and respond to all forms of
violence against children, in all settings, including in the justice system.
6.
The responses proposed by the Study included legislative action and policies to
prevent institutionalization – in particular the proper application of the principle of “last
resort” and the prioritization of alternative measures to deprivation of liberty. Such
alternatives begin with primary prevention measures such as support for disadvantaged and
at-risk families and early childhood initiatives.
7.
States were urged to reduce detention and use it only for child offenders who are
assessed as posing a real danger to others, as a last resort and for the shortest appropriate
period of time. States were further urged to undertake legal reforms to abolish violent forms
of sentencing and to decriminalize status offences. The Study also proposed alternatives to
detention such as community-based diversion programmes. Further responses were
proposed to ensure protection from violence within institutions, with emphasis on staff
selection; training and remuneration; conforming to international standards; registration,
monitoring and investigation; and complaint mechanisms.
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