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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 49-81 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 follow-up 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).
16.
The Committee acknowledges that the preservation of public safety is a legitimate
aim of the justice system. However, it is of the opinion that this aim is best served by a full
respect for and implementation of the leading and overarching principles of juvenile justice
as enshrined in CRC.
V. Juvenile justice: the core elements of a comprehensive policy
17.
A comprehensive policy for juvenile justice must deal with the following core
elements: the prevention of child offending; interventions without resorting to judicial
proceedings and interventions in the context of judicial proceedings; the minimum age of
criminal responsibility and the age of criminal majority/ upper age limit of the juvenile justice
system; the guarantees for a fair trial; the deprivation of liberty including pre-trial detention
and post-trial incarceration; the after care and reintegration services and the monitoring of
these measures.
A.
Prevention of child offending
18.
One of the most important goals of the implementation of CRC is to promote the full
and harmonious development of the child and to prepare him or her to live an individual and
responsible life in a free society, in which he/she can assume a constructive role with respect
for human rights and fundamental freedoms (preamble, arts 6, 29 and 40). In this regard,
parents have the responsibility to provide the child, in a manner consistent with his/her
evolving capacities, with appropriate direction and guidance in the exercise of his/her rights
as recognized in the Convention. In the light of these and other provisions of CRC, it is
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