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circumstances of the offender and to the gravity of the offence may be considered, including
considerations of the need for public safety and sanctions. In the case of children, such
considerations must weigh in favour of the child’s right to have his/her best interests
considered as a primary consideration and to promote his/her reintegration.
86.
Recognizing the harm caused by deprivation of liberty to children and adolescents,
and its negative effects on their prospects for successful reintegration, the Committee
recommends that States parties should set a maximum penalty for children accused of crimes,
which should be considerably shorter than the duration of custodial sentences for adults for
similar offences. Any exceptions to the maximum period should be kept to an absolute
minimum, and must abide by the principle of proportionality.
87.
As far as non-custodial measures are concerned, there is a wide range of experience
with the use and implementation of such measures. States parties should benefit from this
experience, and develop and implement such measures by adjusting them to their own culture
and tradition. Measures amounting to forced labour or to torture or inhuman and degrading
treatment must be explicitly prohibited, and those responsible for such illegal practices
should be brought to justice.
88.
The Committee reiterates that corporal punishment as a sanction is a violation of these
principles as well as of article 37 of CRC which prohibits all forms of cruel, inhuman and
degrading treatment or punishment (see also the Committee’s general comment No. 8 (2006)
on the right of the child to protection from corporal punishment and other cruel or degrading
forms of punishment (arts. 19; 28, para. 2; and 37, inter alia)).
89.
After these general remarks, the Committee wishes to draw attention to the measures
prohibited under article 37 (a) of CRC, and to deprivation of liberty.
Prohibition of the death penalty
90.
Article 37 (a) of CRC reaffirms the internationally accepted standard (see for example
article 6 (5) of ICCPR) that the death penalty cannot be imposed for a crime committed by a
person who was under 18 years of age. Although the text is clear, some States parties assume
that the rule only prohibits the execution of persons below the age of 18 years. However,
under this rule the explicit and decisive criterion is the age at the time of the commission of
the offence. It means that the death penalty may not be imposed for a crime committed by a
person who was under 18 years at the time of the commission of the offence, regardless of
his/her age at the time of the trial or sentencing or of the execution of the sanction.
91.
The Committee recommends the few States parties that have not yet abolished the
death penalty for all offences committed by persons below the age of 18 years to do so, and
to suspend the execution of all death sentences for those persons until the necessary
legislative measures abolishing the death penalty for children have been fully enacted, and
measures taken for the commuting of sentences. The imposed death penalty should be
changed to a sanction that is in full conformity with CRC.
No life imprisonment without parole
92.
No child who was under the age of 18 at the time he/she committed an offence should
be sentenced to life without the possibility of release or parole. For all sentences imposed
upon children the possibility of release should be realistic and regularly considered. In this
regard, the Committee refers to article 25 of CRC providing the right to periodic review for
all children placed for the purpose of care, protection or treatment. The Committee reminds
the States parties which do sentence children to life imprisonment with the possibility of
release or parole that this sanction must fully comply with and strive for the realization of the
aims of juvenile justice enshrined in article 40 (1) of CRC. This means inter alia that the child
sentenced to this imprisonment should receive education, treatment, and care aiming at
his/her release, reintegration and ability to assume a constructive role in society. This also
requires a regular review of the child’s development and progress in order to decide on his/her
possible release. Given the likelihood that life imprisonment of a child will make it very
difficult, if not impossible, to achieve the aims of juvenile justice despite the possibility of
release, the Committee strongly recommends States parties to abolish all forms of life
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