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justice (see paragraphs 43-45 below). The Committee notes that the voices of children involved
in the juvenile justice system are increasingly becoming a powerful force for improvements and
reform, and for the fulfilment of their rights.
Dignity (art. 40 (1))
13. CRC provides a set of fundamental principles for the treatment to be accorded to children
in conflict with the law:
− Treatment that is consistent with the child’s sense of dignity and worth. This principle
reflects the fundamental human right enshrined in article 1 of UDHR, which stipulates
that all human beings are born free and equal in dignity and rights. This inherent right to
dignity and worth, to which the preamble of CRC makes explicit reference, has to be
respected and protected throughout the entire process of dealing with the child, from the
first contact with law enforcement agencies and all the way to the implementation of all
measures for dealing with the child;
− Treatment that reinforces the child’s respect for the human rights and freedoms of
others. This principle is in line with the consideration in the preamble that a child
should be brought up in the spirit of the ideals proclaimed in the Charter of the
United Nations. It also means that, within the juvenile justice system, the treatment and
education of children shall be directed to the development of respect for human rights
and freedoms (art. 29 (1) (b) of CRC and general comment No. 1 on the aims of
education). It is obvious that this principle of juvenile justice requires a full respect for
and implementation of the guarantees for a fair trial recognized in article 40 (2) (see
paragraphs 40-67 below). If the key actors in juvenile justice, such as police officers,
prosecutors, judges and probation officers, do not fully respect and protect these
guarantees, how can they expect that with such poor examples the child will respect the
human rights and fundamental freedom of others?;
− Treatment that takes into account the child’s age and promotes the child’s reintegration
and the child’s assuming a constructive role in society. This principle must be applied,
observed and respected throughout the entire process of dealing with the child, from the
first contact with law enforcement agencies all the way to the implementation of all
measures for dealing with the child. It requires that all professionals involved in the
administration of juvenile justice be knowledgeable about child development, the
dynamic and continuing growth of children, what is appropriate to their well-being, and
the pervasive forms of violence against children;
− Respect for the dignity of the child requires that all forms of violence in the treatment of
children in conflict with the law must be prohibited and prevented. Reports received by
the Committee show that violence occurs in all phases of the juvenile justice process,
from the first contact with the police, during pretrial detention and during the stay in
treatment and other facilities for children sentenced to deprivation of liberty. The
committee urges the States parties to take effective measures to prevent such violence
and to make sure that the perpetrators are brought to justice and to give effective followup to the recommendations made in the report on the United Nations Study on Violence
Against Children presented to the General Assembly in October 2006 (A/61/299).