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UN CRC: Article 37 of the CRC states the child’s right to be protected from torture, degrading treatment, capital punishment, life imprisonment, unlawful or arbitrary deprivation of liberty. The article sets out conditions for any arrest, detention or imprisonment of the child, which shall be in conformity with the law, and used only as a measure of last resort. The article sets out further conditions for the treatment of any child deprived of liberty (separation from adults, maintaining contact with the family, access to legal assistance, etc).
Article 39 of the CRC provides that child victims of any forms of abuse, neglect, exploitation and torture have the right to receive rehabilitation and reintegration.
Article 40 of the CRC deals specifically with juvenile justice. It covers the rights of all children alleged as accused of or recognized as having infringed the penal law. It covers treatment from the moment an allegation is made, through investigation, arrest, charge, any pre-trial period, trial and sentence. The article requires States to promote a distinctive system of juvenile justice for children with specific positive, rather than punitive aims. Article 40 details a list of minimum guarantees for the child, and it requires States Parties to set a minimum age of criminal responsibility, to provide measures for dealing with children who may have infringed the penal law without resorting to judicial proceedings, and to provide a variety of alternative dispositions to institutional care.
The CRC is the most important standard because it is the only one that is legally binding. The other standards mentioned here go into more detail on specific aspects of the juvenile justice system, but they are non-binding ‘guidelines’ only.
UN Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), 1990: concern all levels and forms of prevention of juvenile delinquency, including the creation of social justice throughout society as well as social reintegration of child offenders.
UN Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), 1985: cover everything from the moment of arrest to sentencing by the court, including alternatives to court procedures.
UN Rules for the Protection of Juveniles Deprived of their Liberty (JDLs), 1990: set out standards applicable when a child is confined to any facility, whether penal, correctional, educational or protective, on the grounds of conviction or suspicion of having committed an offence, or simply being deemed ‘at risk’.
Two other international documents on the treatment of offenders (not specific to children)
The Standard Minimum Rules for the Treatment of Prisoners, 1955: first established the principle of separation of young people from adults in custodial facilities.
UN Minimum Rules for Non-Custodial Measures (The Tokyo Rules), 1990: intended to promote “greater community involvement in the management of criminal justice, specifically in the treatment of offenders” and to “promote among offenders a sense of responsibility towards society”. The rules cover pre-trial, diversion, sentencing and post-trial issues.
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