CRC/C/GC/10
page 8
community-based services and programmes that respond to the special needs, problems,
concerns and interests of children, in particular of children repeatedly in conflict with the law,
and that provide appropriate counselling and guidance to their families.
19. Articles 18 and 27 of CRC confirm the importance of the responsibility of parents for the
upbringing of their children, but at the same time CRC requires States parties to provide the
necessary assistance to parents (or other caretakers), in the performance of their parental
responsibilities. The measures of assistance should not only focus on the prevention of negative
situations, but also and even more on the promotion of the social potential of parents. There is a
wealth of information on home- and family-based prevention programmes, such as parent
training, programmes to enhance parent-child interaction and home visitation programmes,
which can start at a very young age of the child. In addition, early childhood education has
shown to be correlated with a lower rate of future violence and crime. At the community level,
positive results have been achieved with programmes such as Communities that Care (CTC), a
risk-focused prevention strategy.
20. States parties should fully promote and support the involvement of children, in accordance
with article 12 of CRC, and of parents, community leaders and other key actors
(e.g. representatives of NGOs, probation services and social workers), in the development and
implementation of prevention programmes. The quality of this involvement is a key factor in the
success of these programmes.
21. The Committee recommends that States parties seek support and advice from the
Interagency Panel on Juvenile Justice in their efforts to develop effective prevention
programmes.
B. Interventions/diversion (see also section E below)
22. Two kinds of interventions can be used by the State authorities for dealing with children
alleged as, accused of, or recognized as having infringed the penal law: measures without
resorting to judicial proceedings and measures in the context of judicial proceedings. The
Committee reminds States parties that utmost care must be taken to ensure that the child’s human
rights and legal safeguards are thereby fully respected and protected.
23. Children in conflict with the law, including child recidivists, have the right to be treated in
ways that promote their reintegration and the child’s assuming a constructive role in society
(art. 40 (1) of CRC). The arrest, detention or imprisonment of a child may be used only as a
measure of last resort (art. 37 (b)). It is, therefore, necessary - as part of a comprehensive policy
for juvenile justice - to develop and implement a wide range of measures to ensure that children
are dealt with in a manner appropriate to their well-being, and proportionate to both their
circumstances and the offence committed. These should include care, guidance and supervision,
counselling, probation, foster care, educational and training programmes, and other alternatives
to institutional care (art. 40 (4)).
Interventions without resorting to judicial proceedings
24. According to article 40 (3) of CRC, the States parties shall seek to promote measures for
dealing with children alleged as, accused of, or recognized as having infringed the penal law