CRC/C/GC/10
page 20
Dispositions by the juvenile court/judge
70. After a fair and just trial in full compliance with article 40 of CRC (see chapter IV,
section D, above), a decision is made regarding the measures which should be imposed on the
child found guilty of the alleged offence(s). The laws must provide the court/judge, or other
competent, independent and impartial authority or judicial body, with a wide variety of possible
alternatives to institutional care and deprivation of liberty, which are listed in a non-exhaustive
manner in article 40 (4) of CRC, to assure that deprivation of liberty be used only as a measure
of last resort and for the shortest possible period of time (art. 37 (b) of CRC).
71. The Committee wishes to emphasize that the reaction to an offence should always be in
proportion not only to the circumstances and the gravity of the offence, but also to the age, lesser
culpability, circumstances and needs of the child, as well as to the various and particularly
long-term needs of the society. A strictly punitive approach is not in accordance with the leading
principles for juvenile justice spelled out in article 40 (1) of CRC (see paragraphs 5-14 above).
The Committee reiterates that corporal punishment as a sanction is a violation of these principles
as well as of article 37 which prohibits all forms of cruel, inhuman and degrading treatment or
punishment (see also the Committee’s general comment No. 8 (2006) (The right of the child to
protection from corporal punishment and other cruel or degrading forms of punishment)). In
cases of severe offences by children, measures proportionate to the circumstances of the offender
and to the gravity of the offence may be considered, including considerations of the need of
public safety and sanctions. In the case of children, such considerations must always be
outweighed by the need to safeguard the well-being and the best interests of the child and to
promote his/her reintegration.
72. The Committee notes that if a penal disposition is linked to the age of a child, and there is
conflicting, inconclusive or uncertain evidence of the child’s age, he/she shall have the right to
the rule of the benefit of the doubt (see also paragraphs 35 and 39 above).
73. As far as alternatives to deprivation of liberty/institutional care are concerned, there is a
wide range of experience with the use and implementation of such measures. States parties
should benefit from this experience, and develop and implement these alternatives by adjusting
them to their own culture and tradition. It goes without saying that measures amounting to forced
labour or to torture or inhuman and degrading treatment must be explicitly prohibited, and those
responsible for such illegal practices should be brought to justice.
74. After these general remarks, the Committee wishes to draw attention to the measures
prohibited under article 37 (a) of CRC, and to deprivation of liberty.
Prohibition of the death penalty
75. Article 37 (a) of CRC reaffirms the internationally accepted standard (see for example
article 6 (5) of ICCPR) that the death penalty cannot be imposed for a crime committed by a
person who at that time was under 18 years of age. Although the text is clear, there are States
parties that assume that the rule only prohibits the execution of persons below the age of
18 years. However, under this rule the explicit and decisive criteria is the age at the time of the
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