A/HRC/21/25
practices have a long tradition in communities. The current work in some States is focused
on evaluating, codifying and regulating restorative practices to ensure full compliance with
the Convention on the Rights of the Child. In South Sudan and East Timor, for example,
legislation has been drafted to incorporate traditional restorative practices and give effect to
the Convention.5
13.
In Norway, where the minimum age of criminal responsibility is 15 years, a
legislative amendment on the Juvenile System was enacted in December 2011.6 It applies to
children between 15 and 18 years who have committed serious or repeated offences. In the
new system, the sanction will be imposed locally, where the convicted young person lives.
Imprisonment sentences will be replaced by social control and close follow-up, including
full involvement of the offender, the offender‟s “private network”, the various elements of
the justice system and other public bodies, all of which will contribute to an individualized
follow-up process. Victims may also be involved at their own request. The objective is to
give the convicted child an enhanced understanding of the consequences of his/her act for
everyone affected, while guaranteeing him/her the necessary aid and support. The key
factor is to strengthen the young person‟s resources to deal with his or her own criminal act.
The legislative changes also introduced extensive community service orders for offenders
between 15 and 18 years as an alternative to unsuspended prison sentences.
B.
The urgent need to reduce the number of children in detention
14.
The international normative framework, including the United Nations Guidelines for
the Prevention of Juvenile Delinquency,7 promotes a comprehensive approach to prevention
to avoid the criminalization and penalization of children. However many States still lack
crime prevention strategies or plans. There is an increasing body of knowledge about
effective crime prevention strategies,8 and the demonstrated cost-saving benefits of
prevention,9 but in contrast with this principle, many countries invest in building detention
facilities for children, rather than prioritizing investment in prevention measures.
15.
In a number of countries, there is concern that too many children are brought into
the criminal justice system through “status offences”, leading to the placement of children
in detention rather than providing them with the needed care and protection. As noted by
the Special Representative of the Secretary-General on Violence against Children there is a
worrying trend to criminalize children living and/or working in the streets. Children living
and/or working in the streets are perceived as a social threat, stigmatized by the media and
blamed for an alleged increase in juvenile delinquency. Truancy, vagrancy or begging by
children are still often punished by the criminal justice system rather than prevented and
addressed through child protection measures. Deprivation of liberty tends to become a
preferred solution, rather than a measure of last resort, and is often accompanied by
extortion, ill treatment and sexual abuse.
5
6
7
8
9
Cyndi Banks, Protecting the Rights of the Child: Regulating restorative Justice and Indigenous
Practices in Southern Sudan and East Timor, International Journal of Children‟s Rights, vol. 19 (2),
(2011).
White Paper Prop. 135 L (2010-2011).
General Assembly resolution 45/112.
European Crime Prevention Network, A Review of Good Practices in Preventing Juvenile Crime in
the European Union (2006); I. Palmary and C. Moat, Preventing Criminality Among Young People
(Centre for the Study of Violence and Reconciliation, 2001).
Welsh et al. Costs and Benefits of Preventing Crime, (Westview Press, Boulder, 2000); Jones et al,
The Economic Return on PCCD’s Investment in Research-based Programs: A Cost-benefit analysis
of delinquency prevention in Pennsylvania (Pennsylvania State University 2008).
5
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