COMMITTEE ON RIGHTS OF CHILD BEGINS GENERAL DEBATE ON THE ADMINISTRATION OF JUSTICE OF MINORS
Press Release
HR/4222
COMMITTEE ON RIGHTS OF CHILD BEGINS GENERAL DEBATE ON THE ADMINISTRATION OF JUSTICE OF MINORS
19951114 GENEVA, 13 November (UN Information Service) -- The Committee on the Rights of the Child this morning began its general debate on the theme of the administration of justice for minors.The International Convention on the Rights of the Child recognizes the child as a full entity, and affirms the principles of non-discrimination, of the superior interest of the child, and their participation in decisions related to their status. It stresses the respect of the child's dignity. The question on the administration of justice for minors is included in articles 37, 39 and 40 of the Convention, guaranteeing the right of the child not to be subjected to torture, cruel, inhuman or degrading sentences or treatment, or corporal punishments, as well as not being subject to capital punishment or life-imprisonment without the possibility of being freed. It provides guarantees relating to the deprivation of freedom of the child, which must be a measure of last resort and as short as possible. The State is compelled to provide a whole range of arrangements relative to the care and education of children implicated in the system of justice for children. Finally, measures are provided for the physical and psychological rehabilitation of the child.
Apart from its experts, the Committee heard the representatives of the following intergovernmental and non-governmental organizations: the Office of the United Nations High Commissioner for Refugees, the World Organization against Torture, the Centre for Human Rights of the University of Gent, the United Nations Crime Prevention and Criminal Justice Branch in Vienna, the International Association of Juvenile and Family Court Magistrates, Human Rights Watch, Rädda Barnen, the International Save the Children Alliance, and the International Committee of the Red Cross. These organizations presented background on projects being carried out in this area, notably through international cooperation, and emphasized that preventive measures could contribute to the diminution of the high number of children confronting the justice system for minors, and to the more efficient protection of children in conflict with the law. Some members of the Committee made comments on these projects.
Statements
SANDRA MASON, member of the Committee, emphasized the right of the child to be treated as a full entity, requiring special measures of protection. The States parties should adopt measures aimed at reducing to the minimum the psychological traumas that could be caused by the formal aspects of the judiciary procedure to which children were subjected. Moreover, the children's participation in the procedures should be assured, allowing them to testify. Accompanying measures should also be taken to ensure the best physical and psychological development of the child, and his or her social rehabilitation. It was important to fix a minimum age for criminal responsibility and detention, as well as to separate minors from adult convicts. Children in conflict with the law should be considered as victims, rather than the instigators of the offences for which they were charged.
BRIAN GORLICK, of the UNHCR, said the children of refugees were particularly vulnerable and were most often the victims of violence. The host countries must treat refugee children with respect for their human dignity. Much remained to be done in order to guarantee the full protection of justice. Very few countries had adopted specific legislative measures guaranteeing the protection and promotion of the rights of the child, in particular for the children of refugees. Few measures had been taken to guarantee the protection of children seeking asylum. They were often taken charge of by non-governmental organizations, which were not present in every country. He also drew attention to the problem of the separation of families during imprisonment. The Office of the High Commissioner had also noticed the difficulty of prosecuting persons responsible for violence in refugee camps, and insisted on the responsibility of the host country for the enforcement of law and order. Moreover, measures should be taken to allow children to play a more important role in camp administration.
ERIC SOTTAS, representative of the World Organization against Torture, referring to Article 37 prohibiting the torture of children, said there was a need to define the term torture in national legislation. He also underlined the importance of establishing a minimum age of 18 for criminal responsibility. A minimum threshold for imprisonment should be fixed in the Convention, and the fact that children were more often the victims of offences should be taken into consideration. Social policies and judiciary practices must be complementary. Moreover, States should devote important funding to guaranteeing the social services prescribed by the Convention, and notably an educational environment in which the child could fully develop.
GEERT CAPPELAERE, from the Centre for Human Rights of the University of Gent, said it was necessary to link the different international instruments in the area of juvenile justice, and to establish collaborations between the different institutions carrying out oversight and surveillance.
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RALPH KRECH, United Nations Crime Prevention and Criminal Justice Branch in Vienna, suggested asking the States parties which measures could be envisaged by the justice system for minors, before asking for imprisonment as a measure of last resort.
LUCIEN BEAULIEU, of the International Association of Juvenile and Family Court Magistrates, drew attention to what he called the abusive recourse to preventive detention and to the necessity of freeing detained children after a limited time period, and to the need to exercise judiciary control of all preventive detention. It was important to educate magistrates in the rights of the child. The means accorded to the Committee on the Rights of the Child must be reinforced, to allow it to better assume its functions of overseeing the Convention.
LOIS WHITMAN, of Human Rights Watch, spoke about the situation of children in conflict with the law in several countries where some measures of the Convention were not respected, citing cases in Jamaica, Turkey, Nigeria, and the United States. The latter was not a party to the Convention, and she said that nine juvenile delinquents had been executed since 1976. While the cost of imprisonment was high, the returns in terms of dissuading criminal activity were low.
A representative from Rädda Barnen estimated that all forms of detention of children should be declared illegal. Human Rights defenders should push governments to find alternative solutions to imprisonment.
JOHN PARRY-WILLIAMS, of the International Save the Children Alliance, presented a report calling for better guidance to States parties in evaluating judiciary systems as they concern the rights of children.
A representative of the International Committee of the Red Cross (ICRC), reviewed the role of the ICRC in providing help to imprisoned children, notably in armed conflicts.
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