CRC/C/GC/24
obviously not in the best interests of the child if he/she grows up in circumstances that may
cause an increased or serious risk of becoming involved in criminal activities. Various
measures should be taken for the full and equal implementation of the rights to an adequate
standard of living (art. 27), to the highest attainable standard of health and access to health
care (art. 24), to education (arts. 28 and 29), to protection from all forms of physical or mental
violence, injury or abuse (art. 19), and from economic or sexual exploitation (arts. 32 and
34), and to other appropriate services for the care or protection of children.
19.
A juvenile justice policy without a set of measures aimed at preventing child offending
suffers from serious shortcomings. States parties should fully integrate into their
comprehensive national policy for juvenile justice the Riyadh Guidelines (1990), which
emphasise prevention policies that facilitate the successful socialization and integration of all
children, in particular through the family, the community, peer groups, schools, vocational
training and the world of work, as well as through voluntary organizations. Prevention
programmes should focus on support for families in particular those in vulnerable situations,
the involvement of schools in teaching basic values, and extending special care and attention
to young persons at risk. In this regard, particular attention should also be given to children
who drop out of school or otherwise do not complete their education. The use of peer group
support and a strong involvement of parents are recommended. The States parties should also
develop community-based services and programmes that respond to the special needs,
problems, concerns and interests of children, and that provide appropriate counselling and
guidance to their families.
20.
Articles 18 and 27 of the Convention confirm the importance of the responsibility of
parents or legal guardians for the upbringing of their children, but at the same time CRC
requires States parties to provide the necessary assistance to parents (or other caregivers), in
the performance of their parental responsibilities. The measures of assistance should not only
focus on the prevention of negative situations, but should also emphasise the promotion of
the social potential of parents. There is a wealth of information on home- and family-based
prevention programmes, such as parent training, programmes to enhance parent-child
interaction and home visitation programmes, which can commence when the child is very
young. In addition, investment in early childhood development and education correlates with
a lower rate of future violence and crime.
21.
States parties should fully promote and support the involvement of children, parents,
community leaders and other key actors (e.g. representatives of NGOs, probation services
and social workers) in the development and implementation of prevention programmes. The
quality of this involvement is a key factor in the success of these programmes.
B.
Interventions/diversion (see also section E below)
22.
Two kinds of interventions can be used by State authorities for dealing with children
in conflict with the law:
1.
measures without resorting to judicial proceedings (diversion); and
2.
measures in the context of judicial proceedings.
In both interventions, the Committee reminds States parties that utmost care must be taken
to ensure that the child’s human rights and legal safeguards are thereby fully respected and
protected.
Interventions without resorting to judicial proceedings (diversion)
23.
According to article 40 (3) of the CRC, the States parties shall seek to promote
measures for dealing with children in conflict with the law without resorting to judicial
proceedings, whenever appropriate. 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.
24.
The diversion of matters away from the criminal/juvenile justice processing to a range
of appropriate programmes should be the preferred manner of dealing with child offenders
7