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possible. The longer this period, the more likely it is that the response loses its desired positive,
pedagogical impact, and the more the child will be stigmatized. In this regard, the Committee
also refers to article 37 (d) of CRC, where the child deprived of liberty has the right to a prompt
decision on his/her action to challenge the legality of the deprivation of his/her liberty. The term
“prompt” is even stronger - and justifiably so given the seriousness of deprivation of liberty than the term “without delay” (art. 40 (2) (b) (iii) of CRC), which is stronger than the term
“without undue delay” of article 14 (3) (c) of ICCPR.
52. The Committee recommends that the States parties set and implement time limits for the
period between the commission of the offence and the completion of the police investigation, the
decision of the prosecutor (or other competent body) to bring charges against the child, and the
final adjudication and decision by the court or other competent judicial body. These time limits
should be much shorter than those set for adults. But at the same time, decisions without delay
should be the result of a process in which the human rights of the child and legal safeguards are
fully respected. In this decision-making process without delay, the legal or other appropriate
assistance must be present. This presence should not be limited to the trial before the court or
other judicial body, but also applies to all other stages of the process, beginning with the
interviewing (interrogation) of the child by the police.
53. Parents or legal guardians should also be present at the proceedings because they can
provide general psychological and emotional assistance to the child. The presence of parents
does not mean that parents can act in defence of the child or be involved in the decision-making
process. However, the judge or competent authority may decide, at the request of the child or of
his/her legal or other appropriate assistance or because it is not in the best interests of the child
(art. 3 of CRC), to limit, restrict or exclude the presence of the parents from the proceedings.
54. The Committee recommends that States parties explicitly provide by law for the maximum
possible involvement of parents or legal guardians in the proceedings against the child. This
involvement shall in general contribute to an effective response to the child’s infringement of the
penal law. To promote parental involvement, parents must be notified of the apprehension of
their child as soon as possible.
55. At the same time, the Committee regrets the trend in some countries to introduce the
punishment of parents for the offences committed by their children. Civil liability for the damage
caused by the child’s act can, in some limited cases, be appropriate, in particular for the younger
children (e.g. below 16 years of age). But criminalizing parents of children in conflict with the
law will most likely not contribute to their becoming active partners in the social reintegration of
their child.
Freedom from compulsory self-incrimination (art. 40 (2) (b) (iii))
56. In line with article 14 (3) (g) of ICCPR, CRC requires that a child be not compelled to give
testimony or to confess or acknowledge guilt. This means in the first place - and self-evidently that torture, cruel, inhuman or degrading treatment in order to extract an admission or a
confession constitutes a grave violation of the rights of the child (art. 37 (a) of CRC) and is
wholly unacceptable. No such admission or confession can be admissible as evidence (article 15
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment).