CRC/C/GC/24
115. Reconciling custom with state justice may pose difficulties for adherence to human
rights standards, but ways should be found to infuse the principles of the Convention into
customary law justice mechanisms. Restorative justice responses are likely to be achievable
through customary justice systems, and may provide opportunities for learning that can
benefit the formal juvenile justice system. In countries where customary justice systems are
used by communities, interventions using such systems should be included in all strategies
for holistic reform; strategies and reforms should be designed for specific contexts and the
process must be driven by national actors.
VI. The organization of juvenile justice
116. In order to ensure the full implementation of the principles and rights elaborated in
the previous paragraphs, it is necessary to establish an effective organization for the
administration of juvenile justice, and a comprehensive juvenile justice system. As stated in
article 40 (3) of CRC, States parties shall seek to promote the establishment of laws,
procedures, authorities and institutions specifically applicable to children in conflict with the
penal law.
117. What the basic provisions of these laws and procedures are required to be, has been
presented in the present general comment. More and other provisions are left to the discretion
of States parties. This also applies to the form of these laws and procedures. They can be laid
down in special chapters of the general criminal and procedural law, or be brought together
in a separate act or law on juvenile justice.
118. A comprehensive juvenile justice system further requires the establishment of
specialized units within the police, the judiciary, the court system, the prosecutor’s office, as
well as specialized defenders or other representatives who provide legal or other appropriate
assistance to the child.
119. The Committee recommends that the States parties establish juvenile courts either as
separate units or as part of existing regional/district courts. Where that is not immediately
feasible for practical reasons, the States parties should ensure the appointment of specialized
judges or magistrates for dealing with cases of juvenile justice.
120. In addition, specialized services such as probation, counselling or supervision should
be established together with specialized facilities including for example day treatment centres
and, where necessary, facilities for residential care and treatment of child offenders. In this
juvenile justice system, an effective coordination of the activities of all these specialized
units, services and facilities should be promoted in an ongoing manner.
121. It is clear from many States parties’ reports that non-governmental organizations can
and do play an important role not only in the prevention of juvenile delinquency as such, but
also in the administration of juvenile justice. The Committee therefore recommends that
States parties seek the active involvement of these organizations in the development and
implementation of their comprehensive juvenile justice policy and provide them with the
necessary resources for this involvement.
VII. Awareness-raising and training
122. Children who commit offences are often subject to negative publicity in the media,
which contributes to a discriminatory and negative stereotyping of these children and often
of children in general. This negative presentation or criminalization of child offenders is often
based on misrepresentation and/or misunderstanding of the causes of juvenile delinquency,
and results regularly in a call for a tougher approach (e.g. zero-tolerance, three strikes and
you are out, mandatory sentences, trial in adult courts and other primarily punitive measures).
To create a positive environment for a better understanding of the root causes of juvenile
delinquency and a rights-based approach to this social problem, the States parties should
conduct, promote and/or support educational and other campaigns to raise awareness of the
need and the obligation to deal with children alleged of violating the penal law in accordance
with the spirit and the letter of CRC. In this regard, the States parties should seek the active
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