CRC/C/GC/10
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− To provide States parties with guidance and recommendations for the content of this
comprehensive juvenile justice policy, with special attention to prevention of juvenile
delinquency, the introduction of alternative measures allowing for responses to juvenile
delinquency without resorting to judicial procedures, and for the interpretation and
implementation of all other provisions contained in articles 37 and 40 of CRC;
− To promote the integration, in a national and comprehensive juvenile justice policy, of
other international standards, in particular, the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice (the “Beijing Rules”), the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty (the “Havana Rules”),
and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the
“Riyadh Guidelines”).
III. JUVENILE JUSTICE: THE LEADING PRINCIPLES
OF A COMPREHENSIVE POLICY
5.
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)
6.
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 97
below), as well as the establishment of rules, regulations or protocols which enhance equal
treatment of child offenders and provide redress, remedies and compensation.
7.
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)).
8.
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