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an equal treatment under the law for children and adults. In this regard, the 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.”
9.
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)
10. 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)
11. 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 75-77 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 78-88 below).1
The right to be heard (art. 12)
12. 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
1
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.