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. 3

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