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without resorting to judicial proceedings, whenever appropriate and desirable. Given the fact that
the majority of child offenders commit only minor offences, a range of measures involving
removal from criminal/juvenile justice processing and referral to alternative (social) services
(i.e. diversion) should be a well-established practice that can and should be used in most cases.
25. In the opinion of the Committee, the obligation of States parties to promote measures for
dealing with children in conflict with the law without resorting to judicial proceedings applies,
but is certainly not limited to children who commit minor offences, such as shoplifting or other
property offences with limited damage, and first-time child offenders. Statistics in many States
parties indicate that a large part, and often the majority, of offences committed by children fall
into these categories. It is in line with the principles set out in article 40 (1) of CRC to deal with
all such cases without resorting to criminal law procedures in court. In addition to avoiding
stigmatization, this approach has good results for children and is in the interests of public safety,
and has proven to be more cost-effective.
26. States parties should take measures for dealing with children in conflict with the law
without resorting to judicial proceedings as an integral part of their juvenile justice system, and
ensure that children’s human rights and legal safeguards are thereby fully respected and
protected (art. 40 (3) (b)).
27. It is left to the discretion of States parties to decide on the exact nature and content of the
measures for dealing with children in conflict with the law without resorting to judicial
proceedings, and to take the necessary legislative and other measures for their implementation.
Nonetheless, on the basis of the information provided in the reports from some States parties, it
is clear that a variety of community-based programmes have been developed, such as community
service, supervision and guidance by for example social workers or probation officers, family
conferencing and other forms of restorative justice including restitution to and compensation of
victims. Other States parties should benefit from these experiences. As far as full respect for
human rights and legal safeguards is concerned, the Committee refers to the relevant parts of
article 40 of CRC and emphasizes the following:
− Diversion (i.e. measures for dealing with children, alleged as, accused of, or recognized
as having infringed the penal law without resorting to judicial proceedings) should be
used only when there is compelling evidence that the child committed the alleged
offence, that he/she freely and voluntarily admits responsibility, and that no intimidation
or pressure has been used to get that admission and, finally, that the admission will not
be used against him/her in any subsequent legal proceeding;
− The child must freely and voluntarily give consent in writing to the diversion, a consent
that should be based on adequate and specific information on the nature, content and
duration of the measure, and on the consequences of a failure to cooperate, carry out
and complete the measure. With a view to strengthening parental involvement, States
parties may also consider requiring the consent of parents, in particular when the child
is below the age of 16 years;