CRC/C/GC/10
page 3
I. INTRODUCTION
1.
In the reports they submit to the Committee on the Rights of the Child (hereafter: the
Committee), States parties often pay quite detailed attention to the rights of children alleged as,
accused of, or recognized as having infringed the penal law, also referred to as “children in
conflict with the law”. In line with the Committee’s guidelines for periodic reporting, the
implementation of articles 37 and 40 of the Convention on the Rights of the Child (hereafter:
CRC) is the main focus of the information provided by the States parties. The Committee notes
with appreciation the many efforts to establish an administration of juvenile justice in
compliance with CRC. However, it is also clear that many States parties still have a long way to
go in achieving full compliance with CRC, e.g. in the areas of procedural rights, the development
and implementation of measures for dealing with children in conflict with the law without
resorting to judicial proceedings, and the use of deprivation of liberty only as a measure of last
resort.
2.
The Committee is equally concerned about the lack of information on the measures that
States parties have taken to prevent children from coming into conflict with the law. This may be
the result of a lack of a comprehensive policy for the field of juvenile justice. This may also
explain why many States parties are providing only very limited statistical data on the treatment
of children in conflict with the law.
3.
The experience in reviewing the States parties’ performance in the field of juvenile justice
is the reason for the present general comment, by which the Committee wants to provide the
States parties with more elaborated guidance and recommendations for their efforts to establish
an administration of juvenile justice in compliance with CRC. This juvenile justice, which
should promote, inter alia, the use of alternative measures such as diversion and restorative
justice, will provide States parties with possibilities to respond to children in conflict with the
law in an effective manner serving not only the best interests of these children, but also the
short- and long-term interest of the society at large.
II. THE OBJECTIVES OF THE PRESENT GENERAL COMMENT
4.
At the outset, the Committee wishes to underscore that CRC requires States parties to
develop and implement a comprehensive juvenile justice policy. This comprehensive approach
should not be limited to the implementation of the specific provisions contained in articles 37
and 40 of CRC, but should also take into account the general principles enshrined in articles 2, 3,
6 and 12, and in all other relevant articles of CRC, such as articles 4 and 39. Therefore, the
objectives of this general comment are:
− To encourage States parties to develop and implement a comprehensive juvenile justice
policy to prevent and address juvenile delinquency based on and in compliance with
CRC, and to seek in this regard advice and support from the Interagency Panel on
Juvenile Justice, with representatives of the Office of the United Nations High
Commissioner for Human Rights (OHCHR), the United Nations Children’s Fund
(UNICEF), the United Nations Office on Drugs and Crime (UNODC) and nongovernmental organizations (NGO’s), established by ECOSOC resolution 1997/30;