CRC/C/GC/24
Deprivation of liberty: any form of detention or imprisonment or the placement of a
person in a public or private custodial setting, from which this person is not permitted
to leave at will, by order of any judicial, administrative or other public authority; 1
Diversion: measures for dealing with children in conflict with the law, taken by
designated authorities, without resorting to judicial proceedings;
Juvenile justice: refers to legislation, norms and standards, procedures, mechanisms
and provisions, institutions and bodies specifically applicable to children considered
as offenders. This revised general comment does not refer to children as ‘juveniles’.
The Committee acknowledges and encourages the trend towards using terms such as
‘youth justice’ and ‘child justice’, which are positive developments as they aim to
reinforce the dignity and worth of children in conflict with the law;
Minimum age of criminal responsibility: the minimum age below which children shall
be presumed not to have the capacity to infringe the criminal law;
Age of criminal majority: the criminal majority is the upper age limit beyond which
the juvenile justice system does not apply and a person who commits a crime is treated
as an adult in the ordinary criminal justice system;
Status offence: act that is considered illegal when committed by a child, but not when
committed by an adult (e.g., running away, school truancy, disobeying parents).
IV. Juvenile justice: the leading principles of a comprehensive
policy
7.
Before elaborating on the requirements of CRC in more detail, the Committee will
first mention the leading principles of a comprehensive policy for juvenile justice. In the
administration of juvenile justice, States parties have to apply systematically the general
principles contained in articles 2, 3, 6 and 12 of CRC, as well as the fundamental principles
of juvenile justice enshrined in articles 37 and 40.
Non-discrimination (art. 2)
8.
States parties have to take all necessary measures to ensure that all children in conflict
with the law are treated equally. Particular attention must be paid to de facto discrimination
and disparities, which may be the result of a lack of a consistent policy and involve vulnerable
groups of children, such as street children, children belonging to racial, ethnic, religious or
linguistic minorities, indigenous children, girl children, children with disabilities and children
who are repeatedly in conflict with the law (recidivists). In this regard, training of all
professionals involved in the administration of juvenile justice is important (see paragraph
123 below), as well as the establishment of rules, regulations or protocols which enhance
equal treatment of child offenders and provide redress, remedies and compensation.
9.
Many children in conflict with the law are also victims of discrimination, e.g. when
they try to get access to education or to the labour market. It is necessary that measures are
taken to prevent such discrimination, inter alia, as by providing former child offenders with
appropriate support and assistance in their efforts to reintegrate in society, and to conduct
public campaigns emphasizing their right to assume a constructive role in society (art. 40
(1)).
10.
It is quite common that criminal codes contain provisions criminalizing behavioural
problems of children, such as vagrancy, truancy, runaways and other acts, which often are
the result of psychological or socio-economic problems. It is particularly a matter of concern
that girls and street children are often victims of this criminalization. These acts, also known
as Status Offences, are not considered to be such if committed by adults. The Committee
recommends that the States parties abolish the provisions on status offences in order to
establish an equal treatment under the law for children and adults. In this regard, the
1
4
See Havana Rules (1990) art. 11 lit. b).