CRC/C/GC/24
Committee also refers to article 56 of the Riyadh Guidelines which reads: “In order to prevent
further stigmatization, victimization and criminalization of young persons, legislation should
be enacted to ensure that any conduct not considered an offence or not penalized if committed
by an adult is not considered an offence and not penalized if committed by a young person.”
11.
In addition, behaviour such as vagrancy, roaming the streets or runaways should be
dealt with through the implementation of child protective measures, including effective
support for parents and/or other caregivers and measures which address the root causes of
this behaviour.
Best interests of the child (art. 3)
12.
In all decisions taken within the context of the administration of juvenile justice, the
best interests of the child should be a primary consideration. Children differ from adults in
their physical and psychological development, and their emotional and educational needs.
Such differences constitute the basis for the lesser culpability of children in conflict with the
law. These and other differences are the reasons for a separate juvenile justice system and
require a different treatment for children. The protection of the best interests of the child
means, for instance, that the traditional objectives of criminal justice, such as
repression/retribution, must give way to rehabilitation and restorative justice objectives in
dealing with child offenders. This can be done in concert with attention to effective public
safety.
The right to life, survival and development (art. 6)
13.
This inherent right of every child should guide and inspire States parties in the
development of effective national policies and programmes for the prevention of juvenile
delinquency, because it goes without saying that delinquency has a very negative impact on
the child’s development. Furthermore, this basic right should result in a policy of responding
to juvenile delinquency in ways that support the child’s development. The death penalty and
a life sentence without parole are explicitly prohibited under article 37 (a) of CRC (see
paragraphs 90-92 below). The use of deprivation of liberty has very negative consequences
for the child’s harmonious development and seriously hampers his/her reintegration in
society. In this regard, article 37 (b) explicitly provides that deprivation of liberty, including
arrest, detention and imprisonment, should be used only as a measure of last resort and for
the shortest appropriate period of time, so that the child’s right to development is fully
respected and ensured (see paragraphs 95-107 below).2
The right to be heard (art. 12)
14.
The right of the child to express his/her views freely in all matters affecting the child
should be fully respected and implemented throughout every stage of the process of juvenile
justice (see paragraphs 54-56 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))
15.
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,
2
Note that the rights of a child deprived of his/her liberty, as recognized in CRC, apply with respect to
children in conflict with the law, and to children placed in institutions for the purposes of care,
protection or treatment, including mental health, educational, drug treatment, child protection or
immigration institutions.
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