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Professor Kirsten Sandberg, Committee Member

Professor Kirsten Sandberg, Committee Member. Juvenile justice and children’s rights: The position of the UN Committee on the Rights of the Child. Introduction. CRC committee very engaged in Juvenile Justice , members ask many questions

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Professor Kirsten Sandberg, Committee Member

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  1. Professor Kirsten Sandberg, Committee Member

    Juvenile justice and children’s rights: The positionofthe UN Committee onthe Rights oftheChild
  2. Introduction CRC committeeveryengaged in Juvenile Justice, members ask manyquestions Alsopromoteschild-friendlyjustice in other areas General Comment No 10 (2007) on juvenile justice Concludingobservations to states: Concerns Recommendatons
  3. General Comment no. 10 onChildren’s rights in juvenile justice Encouragesstates to establish a juvenile justice system in line with CRC, including Prevention Alternative measures to judicialprocedures Promotes other international standards the “Riyadh Guidelines”, UN Guidelines for the Prevention of Juvenile Delinquency, the “Beijing Rules”, UN Standard Minimum Rules for the Administration of Juvenile Justice, and the “Havana Rules”, UN Rules for the Protection of Juveniles Deprived of their Liberty
  4. CRC’sfour general principles Non-discrimination: Particularattention to children in vulnerable situations. Somegroupsareoverrepresented in juvenile justice (e.g. children in streetsituation, children from minorities) Childrenare in nocircumstances to be treatedworsethan adults. Anyconductwhich is legal by an adult must not be considered an offenceifcommitted by a young person
  5. CRC’sfour general principles, cont. The best interestsprinciplerequires a differenttreatmentofchildrenthan adults Right to life and development: Delinquency has a negative impactondevelopment, and more so for deprivationoffreedom Right to expressviewsmust be respected at all stages
  6. Main concerns in concludingobservations to states Prevention: Childprotection system is malfunctioning Minimum age ofcriminalresponsibility is toolow No specialjustice system for thosebelow 18 The useof alternative measures is rare Deprivationofliberty is in many cases the first option Childrenaredeprivedoftheirlibertyunlawfully or arbitrarily They do not get legal assistance or onlyofpoorquality
  7. Mian concerns, continued Re deprivationofliberty: Pretrial detention, for longperiods Long prison sentences Abuse and ill-treatment by police and in detention Poorconditions in detention, noeducation Children not separated from adults, girls not separated from boys Lackofmonitoring and complaintsmechanism No contactwith families Lackofreintegration and rehabilitation programs
  8. Summing up theconcerns Childprotection system insufficient Age issues Detentioninsteadofrestorativemeasures Legal safeguards missing Deprivationofliberty: Toolongperiods, violence, poorconditions, noeducation, nomonitoring No rehabilitation
  9. Obstaclesfaced by states Lackofunderstanding oftheimportanceofprevention in a broadsense that persons below 18 are still children, and littlerespect for children in general ofwhatdetention and violencedoes to a child oftheadvantagesofrestorativejustice Lackofqualifiedpersonneltrained in human rights and sensitised to theneedsofchildren, judges as well as police and prison officers Lackofpoliticalwill
  10. Prevention Not in the best interestsof a child to grow up with a risk ofbeinginvolved in criminalactivities Need for a system of support to vulnerable families (money and services) Assist and educateparents in child-rearing Special care and attention to young persons at risk, especiallychildrenwhodropoutofschool Use of peer group support (friends) Strong involvement of parents Community-based services and programmes that respond to the needs of children at risk
  11. Age issues The minimum age ofcriminalresponsibility has to be raised, not lowered Below 12 is not internationallyacceptable. Discussionofthis age limit. It should in general be higher Between minimum age and 18: Ifsubject to penallaw, should be treated in separate juvenile justice system, withtrainedjudges and otherprofessionals
  12. Diversion: Measureswithoutjudicialproceedings Should be a well-established practice that can and should be used in most cases What is it: community-based programmes community service, supervision and guidance by for example social workers or probation officers, family conferencing restorative justice, including restitution to and compensation of victims.
  13. Restorativejustice, theideas Repairthe harm done by thecriminaloffence Allowthevictim and theoffender and all willing stakeholders to meet, to discussthe harm and how to bring resolution Can lead to transformationofpeople, relationships and communities. Not merelyrepair, butdeeperunderstanding
  14. Restorativejustice, theprocess Meetingbetweenvictim and offender, withfamilymembers, other supporters, communitymembers Mediation, Conferencing, PeacemakingCircles Victim and offender tell their story ofthecrime and itsimpactontheir lives. Commonunderstanding, recognitionofthe harm done A facilitatorpreparestheparties and is present to helpthemcarryouttheirconversation in a productive, respectfulway The partiesfindtheirownsoultions
  15. Valuesunderlying restorative processes Mutual respect – recognizing the humanity of the other Collaboration – working together to find solutions Voluntary – allowing parties to decide whether or not to participate Empowerment of participants – giving the participants the tools and space to develop solutions to their own problems.
  16. Reasons to userestorativejustice Less recidivism Better for theoffender More security for thepeople More economicalthandetention Better for thevictim
  17. Whencan it be used Minoroffences (shoplifting, theft and burglary with limited damage) First-time child offenders But not only, also more seriousoffencesinvolvingviolence
  18. Legal safeguards Compelling evidence that the child committed the offence He/she admits responsibility, freely and voluntarily He/she gives an informed consent to diversion States may require parental consent below 16 Diversion must be regulated in the law: what cases, powers to the police etc. Legal assistance to the child in making the choice Completed diversion should lead to a definite and final closure of the case. If registered, should be for maximum a year
  19. Conclusion: Youcouldencourageyourgovernments to … Raisethecriminal age Treat persons below 18 differently, separate system Trainprofessionals to dealwithbelow 18s Avoiddetention, not least pretrial Improveconditions in detention, stopviolence! Ensure legal safguards Userestorativejustice!
  20. Usefulreferences General Comment No 10 (2007) Children’s Rights in Juvenile Justice, http://www2.ohchr.org/english/bodies/crc/comments.htm European Network for Restorative Justice http://www.restorativejustice.org/editions/2003/June/RJ%20Network
  21. UN report on violence against children within the juvenile justice system, A/HRC/21/25 http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session21/A-HRC-21-25_en.pdf Human rights of juveniles deprived of their liberty, A/HRC/21/26 http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session21/A-HRC-21-26_en.pdf
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