COMITE Recommendations of Relevance To Juvenile Justice Reform

Extracts from the Committee on the Rights of the Child (CRC)
Concluding Observations, 56th session:
Recommendations of Relevance to Juvenile Justice Reform
February 2011
Introduction
The following document is a compilation prepared by the Secretariat of the Interagency Panel on
Juvenile Justice (IPJJ)1 of the recommendations relevant to juvenile justice issued by the United
Nations Committee on the Rights of the Child following its 56th session, which took place in
Geneva, Switzerland, from 17 January until 4 February 2011.
The Committee issues recommendations in the form of Concluding Observations to State parties
following the presentation of periodic State party reports on the measures taken to implement
the Convention on the Rights of the Child and its Optional Protocols. This compilation provides
extracts of the recommendations on matters of relevance to juvenile justice reform, including:
torture or other cruel, inhuman or degrading treatment; corporal punishment; respect for the
views of the child; abuse and neglect; best interest of the child; administration of juvenile justice
and justice in matters involving child victims and witnesses of crime. The compilation also
includes specific recommendations under the two Optional Protocols relating to the protection
of children by the justice system, rehabilitation and social reintegration.
For the full documents, please see: http://www2.ohchr.org/english/bodies/crc/crcs56.htm
I. Extracts of CRC Concluding Observations on the implementation of the Convention on

the Rights of the Child
Afghanistan
CRC/C/AFG/CO/1 4 February 2011 Original: English
Advance unedited version
Legislation
7. The Committee notes with concern that in spite of recent legislative developments in the
field of child rights, the State party does not consider the Convention as a legally binding
instrument in the internal order and has therefore not incorporated it systematically into
domestic legal system in order to make it applicable. The Committee is also concerned that child
rights continue to be negatively affected by the application of different sources of law, namely
codified, customary and Sharia laws and that legislation contradictory to the Convention remains
in force. The Committee is further concerned about the low implementation of legislation
enacted in the field of child rights due mainly to weak enforcement, limited level of awareness of
the legal norms promulgated, widespread corruption and the application by courts of provisions
of customary or Sharia law which infringe the principles and rights contained in the Convention.
1 For further information on the Interagency Panel on Juvenile Justice, please see: www.juvenilejusticepanel.org
8. The Committee urges the State party to ensure applicability of the Convention in
domestic legal order and ensure that all its principles and provisions can be applied in
courts and in administrative proceedings and apply to all children living on the territory
of the State party. The Committee also urges the State party to ensure that existing
domestic framework, including customary or Sharia laws is brought into compliance with
the Convention. To this aim, the Committee recommends that the State Party consider
enacting a comprehensive Child Act which would supersede all legislation that is not in
conformity with the Convention and provide children with appropriate means of redress.
Best interest of the child
27. The Committee is concerned that the principle of the best interests of the child is not
adequately applied by legislative bodies and is therefore absent from most of the legislations
concerning children as well as from the judicial and administrative decisions and policies and
programmes relevant to children.
28. The Committee urges the State party to ensure that the general principle of the best
interests of the child is fully integrated in all legislation relevant to children and applied in
all political, judicial and administrative procedures and decisions, as well as in
programmes, services and reconstruction activities which have an impact on children.
Respect for the views of the child
31. The Committee is concerned that traditional attitudes towards children in society limit
and often totally prevent children from expressing their views on the issues that affect them and
to have their views duly taken into account within family, schools, other children’s institutions,
judicial and administrative system and society at large. The Committee also notes with concern
that although included into the 2005 Juvenile Code, the right of children to be heard in any
judicial or administrative proceedings affecting them is rarely respected, especially when girls
are concerned, children being absent or often requested not to speak during proceedings that
concern them.
32. The Committee, recalling that State parties are under the obligation to undertake
appropriate measures to fully implement the right of the child to be heard, urges the State
party to actively combat negative attitudes, which impede the full realization of the child’s
right to be heard, through public education programmes and campaigns, including
opinion leaders and the media and to pay special attention to the particularly
disadvantaged situation of girls in this regard. The Committee also urges the State party to
amend its civil and criminal code to ensure that children are heard in judicial and
administrative proceedings affecting them. The Committee draws the attention of the
State party to its General Comment No.12 of 2009 on the right of the child to be heard
(CRC/C/GC/12).
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Torture or other cruel, inhuman or degrading treatment and punishment
35. The Committee is deeply concerned that almost half of the children arrested are reported
to be subjected to different forms of verbal and physical abuse by the police during arrest in
order to extract their confession and that virginity testing is imposed on girls in judicial
proceedings. The Committee also expresses grave concern that children are being handcuffed
and shackled in juvenile rehabilitation centers, during transportation to court or hospital and at
night, allegedly for security reasons or as a form of punishment.
36. The Committee calls upon the State party to urgently set up an independent child-
sensitive mechanism to receive complaints against law enforcement officers regarding ill-
treatment during arrest, questioning and police custody, and make sure that perpetrators
are brought to justice. The Committee also urges the State party to systematically train
police force, prison staff and other authorities on human rights of children and ensure
physical and psychological recovery and social reintegration of child victims of ill-
treatment. The Committee further calls upon the State party to immediately cease
imposing virginity testing on girls.
Children affected by armed conflict
64. The Committee, while welcoming the establishment in 2010 of the Inter-Ministerial
Steering Committee on Children and Armed Conflict and the adoption of an Action Plan to
respond to grave violations committed against Afghan children in conflict, is concerned that no
specific reference has been made, nor resources or responsibilities allocated for the particular
needs of all children affected by armed conflict in the 2010 Afghanistan Peace and Reintegration
Programme. The Committee further notes with concern that although the minimum age for
recruitment in the police and in the army has been set at 18 years by presidential decree, under-
18 recruitment persists in the State party, including in the ranks of the Afghan police. The
Committee is also concerned that, when arrested, children used by insurgent groups are held
with adults under national security charges for extended periods of time in the facilities of the
international armed forces or of the National Directorate of Security, where limited access of
child protection national and international bodies is given.
65. The Committee urges the State party to :
a) Ensure that appropriate child-specific provisions and resources are included in all
peace and reconciliation negotiations and treaties;
b) Implement the Action Plan to respond to the six grave violations of child rights
committed against Afghan children in conflict;
c) Allow national and international child protection bodies regular access to all
detention facilities at all levels, including those of the National Directorate of Security and
ensure due process for all juveniles detained for their alleged association with armed
groups; and
d) Fully implement the recommendations contained in the latest mission report of the
Special Representative of the Secretary General on Children and Armed Conflict
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Children in street situations
68. The Committee is concerned that there are significant numbers of children working in the
streets in the State party, and that these children are at great risk of physical, emotional and
sexual exploitation and abuse. The Committee expresses particular concern that children in
street situations are often used as sex workers and introduced to intravenous drug use by
criminal groups. The Committee is also concerned that children in street situations under the age
of criminal responsibility have been arrested and detained by the Afghan National Police.
69. The Committee urges the State party, in close collaboration with civil society, to
support local authorities to design and implement social inclusion strategies for children
in street situations and their families.
Sexual exploitation and abuse
70. The Committee expresses grave concern that limited action has been taken by the State
party to combat widespread sexual abuse and exploitation of children and that perpetrators of
such abuse enjoy impunity. The Committee also expresses deep concern that while there is a
systematic failure of the authorities to prosecute perpetrators of sexual abuse, child victims are
very often considered and treated as offenders and charged with offences such as debauchery,
homosexuality, running away from home, or “zina”. The Committee is also particularly concerned
that:
a) Shame and stigma are attached to the child victim rather than the perpetrator;
b) The crime of rape has not been clearly defined and separated from the offense of “zina” in
domestic legislation and that other types of sexual abuse, including abuse in homosexual
relations as well as sexual exploitation have not been included into the penal code;
c) There is no mechanism in place through which children victims of sexual abuse can lodge
complaints and receive protection and recovery services while their privacy is protected; and
d) Girls victims of sexual abuse and exploitation are at risk of “honour killing”, the practice
of “Baad”, or forced marriage with their rapist and rejected by their families;
71. The Committee calls upon the State party to:
a) Urgently develop awareness-raising programmes, including campaigns, with the

involvement of children, to curb socio-cultural norms that lead to child sexual abuse,
condone abusers and stigmatization of child victims;
b) Revise legislation in order to adequately protect all girls and boys from all forms of
sexual abuse and violence and ensure that the crime of rape is clearly defined;
c) Ensure that child victims of any form of sexual abuse or exploitation are considered
and treated as victims and no longer charged and detained;
d) Strengthen Family Response Units and establish as a matter of urgency effective
and child-friendly procedures and mechanisms to receive, monitor and investigate
complaints;
e) Ensure that perpetrators of child sexual abuse and exploitation are brought to
justice and when found guilty punished with sanctions proportionate to their crimes; and
f) Develop a national strategy to respond to the housing, health, legal and psycho-
social needs of child victims of sexual exploitation and violence.
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Sale, trafficking and abduction
72. The Committee expresses concern that children are trafficked by criminal groups mainly
within the country and into neighbor countries for forced prostitution, forced begging and forced
labor in brick kilns, carpet-making factories, in the drug smuggling industry and domestic
service. The Committee is also deeply concerned that some families knowingly sell their children
for forced prostitution, including for bacha baazi. The Committee notes with concern that little
has been made to implement the provisions of the 2008 Law on Counter Abduction and Human
Trafficking and the 2004 National Plan of Action on Combating Child Trafficking and that human
trafficking convictions remain rare while victims of trafficking are punished for acts they may
have committed as a direct result of being trafficked and jailed pending resolution of their legal
cases, despite their recognized victim status.
73. The Committee urges the State party to adopt concrete measures for the full
implementation of the anti-trafficking law and plan of action and in particular ensure that
perpetrators are effectively prosecuted and punished if found guilty. The Committee calls
upon the State party to ensure the children victims of trafficking are no longer punished
and jailed for unlawful acts committed as a direct result of being trafficked but receive
protection and rehabilitation services; and that public awareness campaigns to warn at-
risk populations of the dangers of trafficking are conducted. The Committee further
encourages the State party to consider ratifying the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children.
Administration of juvenile justice
74. The Committee welcomes the adoption of the Juvenile Code in 2005 and the
establishment of the specialized juvenile justice system based on the 2005 Juvenile Code. The
Committee is however deeply concerned at the situation of juvenile justice in the State Party and
in particular that:
a) Juvenile Courts have only been were established in six districts only up to now and
children in conflict with the law are tried by family judges many of whom are not specifically
trained for juvenile justice;
b) Status offences regarded as "abnormal behaviours" can lead children to be sentenced as
criminals, in particular girls who are victims of violence and abuse and who are made responsible
for the criminal acts committed against them;
c) Detention is not the last resort, a large number of children are in detention, almost half of
them in pre-trial detention, about half of the girls in Juvenile Rehabilitation Centres because of
so-called moral offences, such as running away from home, and some of them even during
pregnancy and birth of their child;
d) A number of children under the age of criminal responsibility, which is 12, are found in
Juvenile Rehabilitation Centres;
e) Alternatives to detention are rarely used despite options provided by the Juvenile Code of
2005;
f) A number of children in detention are not separated from adults, are not adequately
provided with food, care, protection, education and vocational training and often are subjected to
abuse and torture;
g) Children are not provided with legal aid, including before court, and that often statements
are forcibly extracted from them; and
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h) Many parents are not informed of the detention of their children and children not allowed
to meet with their parents.
75. The Committee recommends that the State party bring the system of juvenile
justice fully in line with the Convention, in particular articles 37, 39 and 40, and with other
relevant standards including the Standard Minimum Rules for the Administration of
Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of
their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the
Criminal Justice System; and the Committee’s General Comment No. 10 (2007) on the
rights of the child in juvenile justice. In particular, the Committee urges the State party to :
a) Respect strictly the minimum age of criminal responsibility;

b) Strengthen effort to establish specialized courts throughout the country;
c) Remove so-called moral offences as a crime and release children detained on this
basis;
d) Ensure that no child be subjected to abuse and torture, when in contact or in
conflict with the law, especially during the stage of arrest and investigation ;
e) Respect the right of the child to be informed of the charges and to have access to
his/her family, as well the rights of the parents to get information;
f) Limit by law the use and length of pre-trial detention of children;
g) Provide children, both victims and accused, with adequate legal and other
assistance at an early stage of the procedure and throughout the legal proceedings;
h) Ensure that detention is applied as a measure of last resort and for the shortest
possible period of time and be reviewed on a regular basis with a view of withdrawing it;
i) Continue efforts to ensure that children deprived of liberty or in rehabilitation
centres or in detention facilities are never kept with adults, that they have a safe, child-
sensitive environment, and that they can maintain regular contact with their families and
are provided with food, education and vocational training;
j) Promote alternative measures to detention such as diversion, probation,
counselling, community service or suspended sentences, wherever possible;
k) Request further technical assistance in the area of juvenile justice and police
training from the Interagency Panel on Juvenile Justice, which includes UNODC, UNICEF,
OHCHR, and NGOs; and
l) Take account of the Committee's General Comment no. 10 (2007) on the rights of
the child in juvenile justice.
Protection of witnesses and victims of crimes
76. The Committee also recommends that the State party ensure, through adequate
legal provisions and regulations, that all children victims and/or witnesses of crimes, e.g.
children victims of abuse, domestic violence, sexual and economic exploitation,
abduction, and trafficking and witnesses of such crimes, are provided with the protection
required by the Convention and that the State party take fully into account the United
Nations Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime
(annexed to Economic and Social Council resolution 2005/20 ).
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Belarus
CRC/C/BLR/CO/3-4 4 February 2011 Original: English
31. The Committee is concerned that the views of the child on decisions affecting them are
rarely given due weight, especially in the home. It is further concerned that children are not
provided with the opportunity to be heard in all judicial and administrative proceedings affecting
them, in accordance with their age and maturity, including in cases for deprivation of parental
rights. The Committee is concerned at the high age (14 years) required for children to file a
petition with a court of law without the consent of the parents and to seek legal assistance.
32. The Committee recommends that the State party strengthen its efforts to ensure
that children have the right to express their views and that those views are given due
weight in all matters affecting them in both the public and private spheres, including
through awareness-raising programmes for the general public. The Committee further
recommends that the State party ensure that children are able to participate in judicial
and administrative proceedings and make their views known, including through relevant
legislative amendments. In this regard, the Committee draws the State party’s attention to
its general comment No. 12 (CRC/C/GC/12) on the right of the child to be heard.
Corporal punishment
39. While noting that corporal punishment is unlawful as a sentence for a crime, and that it
has been prohibited in the regulations of education establishments, the Committee, nevertheless,
remains concerned that corporal punishment is lawful in the home, not explicitly prohibited in
institutions, including in the penal system and alternative care settings, and that it is widely
accepted in the society.
40. The Committee reiterates its recommendation (CRC/C/15/Add.180, para. 40(d))

that the State party prohibit all forms of corporal punishment at home, in schools and
other institutions and develop measures to raise awareness on the harmful effects of
corporal punishment, and promote alternative forms of discipline in families, in
institutions and in the penal system, to be administered in a manner consistent with the
child’s dignity and in conformity with the Convention. In this regard, the Committee draws
the State party’s attention to its general comment No. 8 (CRC/C/GC/8) on corporal
punishment.
Asylum-seeking and refugee children
67. The Committee welcomes the adoption in 2008 of the Law on granting refugee status,
additional and temporary protection to foreign citizens and stateless persons, which expressly
provides for equal access to health and educational facilities for asylum-seeking and refugee
children on par with Belarusian citizens, as well as the right of refugees to family reunification. It
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regrets, however, that this law does not include gender-related persecution as a legitimate
ground for asylum, and it does not reflect the principle of the best interests of the child.
68. The Committee recommends that the State party:
(a) Expressly identify the best interests of the child as a primary consideration when
examining asylum applications of undocumented, unaccompanied or separated children,
and refrain from placing these children in detention centres;
(b) Train asylum- and migration officials in the application of the legislation governing
asylum and complementary protection, including training in taking into consideration
child-specific forms of persecution;
(c) Ensure, including through the signing of bilateral agreements containing
appropriate safeguards, that decisions for return and re-integration of unaccompanied
Belarusian children are carried out with the primary consideration of the best interests of
the child; and
(d) Take into account the Committee’s views contained in its General Comment No. 6
on the treatment of unaccompanied and separated children outside their country of origin
(CRC/GC/2005/6).
71. The Committee welcomes the reduction in crimes committed by children and a
corresponding reduction in the number of children serving prison sentences, as well as the
increased use of alternatives to prison sentences, such as community service. While noting the
draft Presidential Decree on the concept of juvenile justice, it is concerned that the State party
still has not undertaken to set up a comprehensive system for juvenile justice. The Committee is
further concerned at the long sentences of deprivation of liberty imposed on juvenile offenders,
the high level of recidivism and the absence of after-release programmes.
72. The Committee urges the State party to ensure that international juvenile justice
standards are fully implemented, in particular articles 37(b), 39 and 40 of the Convention,
as well as the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (Beijing Rules), United Nations Guidelines for the Prevention of Juvenile
Delinquency (Riyadh Guidelines) and United Nations Rules for the Protection of Juveniles
Deprived of their Liberty (Havana Rules). The Committee urges the State party to take into
account the Committee’s general comment No. 10 (2007) on the Administration of Juvenile
Justice (CRC/C/GC/10). In particular, the Committee urges the State party to:
(a) Set up a comprehensive system for juvenile justice, including the establishment of
juvenile courts and the appointment of trained juvenile judges in all regions of the State
party;
(b) Take a holistic approach to addressing the problem of juvenile crime (e.g.
addressing underlying social factors) advocated in the Convention, using more alternative
measures to detention such as mediation, probation, counselling, community service or
suspended sentences, wherever possible;
(c) Ensure that the deprivation of liberty is the last resort measure, for serious offence
and for the shortest period of time possible;
(d) Implement after-release programmes for reintegration in order to facilitate
reintegration in society and prevent recidivism; and
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(e) Consider seeking technical assistance in the area of juvenile justice from UNICEF
and the United Nations Interagency Panel on Juvenile Justice.
Children victims and witnesses of crimes
73. The Committee recommends that the State party ensure, through adequate legal
provisions and regulations, that all children victims (e.g. of abuse, domestic violence,
sexual and economic exploitation, abduction and trafficking) and/or witnesses of such
crimes are provided with protection as required by the Convention, and take full account
of the United Nations Guidelines on Justice in Matters Involving Child Victims and
Witnesses of Crime, annexed to the Economic and Social Council resolution 2005/20 of 22
July 2005.
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Denmark
CRC/C/DNK/CO/4 4 February 2011 Original: English
Reservations
8. While noting that the State party has indicated that only a small number of cases could be
affected by the continuation of the State party’s reservation to article 40 paragraph (2)(b) of the
Convention on the Rights of the Child, the Committee remains concerned at the maintenance of
this reservation which, in breach of the right to a fair trial, limits the right to appeal for children
who have been sentenced for minor offences.
9. In light of the Vienna Declaration and Plan of Action of the World Conference on
Human Rights of 1993 (A/CONF.157/23), the Committee recommends that the State party
consider withdrawing the reservation made to article 40 paragraph (2)(b) of the
Convention.
Best interests of the child
34. While welcoming the new focus on the best interests of the child encompassed by the
Child Reform Act, the Committee remains concerned that it is not yet given sufficient
consideration in, particularly, the determination by municipalities of the placement of a child
outside his or her home as well as in the applications from unaccompanied asylum-seeking
children.
35. The Committee recommends that the State party ensure that municipalities
consider the best interests of the child especially when deciding on placement outside the
home and in refugee determination procedures.
36. The Committee welcomes the fact that new legislation such as the Child’s Reform of 2010,
the Act on Parental Responsibility of 2007, and Care Placement Reform of 2004 have led to
strengthening child involvement in decision-making, however, it notes that there is insufficient
clarity with regard to the rights of the child to be heard in administrative and legal proceedings,
including placement and that when drafting the municipal child policy called for in the above
mentioned legislation, municipalities do not sufficiently involve children.
37. The Committee recommends that the State party take measures to ensure that the
views of children are taken into account:
(a) when drafting the municipal child policy, including on matters regarding placement;
(b) on all issues relating to the education, health and welfare of children with disabilities;
and that,
(c) more opportunities are created for children to be heard on all matters that concern
their rights, including for the next report to the Committee.
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The Committee also recommends that the State party ensures through appropriate
training that all professionals and staff dealing with children’s issues are informed and
competent to support the expression of children’s views. In this respect the Committee
refers the State party to its General Comment Number 12 on the Right of the Child to be
Heard CRC/C/GC/12.
59. While noting that the State party is in the process of updating its Plan of Action for
Combating Sexual Abuse (2003), the Committee is concerned that the programming process for
the updated plan does not directly take into account or seek out the views of the child. The
Committee is also concerned that:
(a) the psychosocial support available for child victims of sexual abuse is inadequate;
(b) the current reporting system on sexual abuse lacks guidelines on the involvement of
professionals in the identification and reporting of child abuse and neglect;
(c) there is no integrated coordination of public measures for the expeditious recovery and
reintegration of children who have been subject to neglect or abuse in the Faroe Islands;
(d) there have been reports of trained professionals failing to inform relevant authorities in cases
involving child abuse or violence in the Faroe Islands.
60. In light of the above concerns, the Committee recommends that the State party:
(a) provide direct channels for children to provide their views on the updating of the Plan
of Action for Combating Sexual Abuse (2003);
(b) strengthen the provision of holistic and long-term psychosocial support to child
victims of sexual abuse in its updated Plan of Action;
(c) take measures to ensure the application of the Optional Protocol to the Convention on
the sale of children, child prostitution and child pornography in Greenland and the Faroe
Islands;
(d) ensure coordination of public measures to support the expeditious recovery and
reintegration of children who have been subject to neglect or abuse in the Faroe Islands,
and that professionals working with children consistently report to the relevant
authorities all cases where a child is suspected of having experienced abuse or neglect;
(e) ensure, through adequate legal provisions, procedures, and regulations, that all child
victims and and/or witnesses of crimes, including children victims of abuse, domestic
violence, sexual and economic exploitation, abduction, and trafficking, have effective
access to justice and are provided with the protection required by the Convention, fully
taking into account the United Nations Guidelines on Justice in Matters Involving Child
Victims and Witnesses of Crime (annexed to Economic and Social Council resolution
2005/20 of 22 July 2005).
Trafficking
61. The Committee, while welcoming Denmark’s efforts to combat trafficking in children, is
concerned that Denmark continues to be a significant transit and destination country for child
victims of trafficking-related crimes, including forced child prostitution and labour. The
Committee is also deeply concerned that the efforts taken to prosecute traffickers and persons
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subjecting children to forced labor and prostitution continue to require strengthening. The
Committee further notes with concern the absence of a legal framework to facilitate the granting
of residence permits to child victims of trafficking.
62. The Committee urges the State party to take effective measures to safeguard the
rights of children in their territory, especially those of unaccompanied children, to ensure
that they do not fall prey to trafficking. In so doing, the Committee urges the State party to:
(a) ensure that children who are suspected victims of trafficking will not be imprisoned as
a result of conditions which are the consequence of them being trafficked and are
provided with specialized assistance services;
(b) vigorously prosecute, convict, and sentence sex and labour trafficking offenders;
(c) ensure that the sanctions for such offences are commensurate with the gravity of this
serious human rights and child rights abuse;
(d) ensure that law enforcement officials and other social officials who are working with
and for the children are effectively trained in methods of victim identification and
treatment;
(e) encourage and support a broad, nationwide public awareness programme;
(f) enhance monitoring of anti-trafficking efforts to improve the government's response to
child trafficking;
(g) ensure, through appropriate legislative measures, that child victims of trafficking are
not repatriated except where such repatriation is in their best interests.
65. The Committee expresses its deep concern on the following issues relating to the
administration of juvenile justice:
(a) the Administration of Justice Act permits the placement of 14 – 17 year olds in: (i) pre-trial
detention for up to eight months and that this limit is subject to further extension in cases which
the State party considers to be exceptional circumstances; and, (ii) solitary confinement for up to
four weeks;
(b) the lowering of the age of criminal responsibility from 15 years to 14 years;
(c) amendment to the Penal Code in order to abolish the maximum prison sentence of 8 years in
cases involving children;
66. In light of the above, the Committee urges the State party to:
(a) ensure that, in accordance with the Committee’s General Comment No. 10 on
Children’s rights in juvenile justice, such standards are fully implemented, in particular,
articles 37(b), 40 and 39 of the Convention, as well as the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United
Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) and the
United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana
Rules);
(b) amend its Administration of Justice Act to: (i) clearly define the conditions for pre-trial
detention, and (ii) to, as far as possible, limit its duration, and prohibit the placement of
persons under the age of 18 in solitary confinement;
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(c) consider repealing the recent amendment to the Penal Code which removes the upper
limit of 8 years for prison sentences issued to persons below the age of 18;
(d) take measures to ensure that no child, regardless of circumstance, is subjected to
imprisonment in the ordinary prison system with adults.
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Lao People’s Democratic Republic
CRC/C/LAO/CO/2 4 February 2011 Original: English
Best Interests of the Child
28. The Committee notes with appreciation that the State party’s Constitution (art. 29) and
the Law on the Protection of the Rights and Interests of Children (art 4) have established the best
interests of the child as a principle to be observed in all actions undertaken with regard to
children. Nevertheless, the Committee is concerned that this principle is not regularly applied in
the practice and that the judicial, administrative and legislative bodies are not taking into
account the best interests of the child in the decisions taken that are relevant to children.
29. The Committee recommends that the State party take all appropriate measures to
ensure that the general principle of the best interests of the child is appropriately
integrated in all legal provisions and is implemented in all judicial, administrative and
legislative decisions as well as in projects, programmes, and services that have an impact
on children.
30. The Committee notes the State party’s declaration that children and youth are
represented in consultative meetings related to their rights and interests organized at central,
provincial, district or village level. While also noting that some awareness raising programs on
the right of the child to express his or her opinion have taken place, the Committee regrets that
no training sessions have been carried out to raise the awareness of this issue with persons who
work with or for children, including judges, police officers, detention centre personnel and
teachers. The Committee is also concerned that the views of the child are not respected before
the courts where they do not have the right to be a witness or to bring a complaint before the
court or seek reparation without the consent of their parents.
31. The Committee recommends that the State party ensure respect for the views of the
child in all settings, including in the home. The Committee encourages the State party to
take the necessary steps to raise the awareness of persons who work with or for children
regarding the need to respect the views of the child. The Committee also encourages the
State party to put in place measures to ensure that a child is not denied his or her
legitimate right to reparation or to bring a complaint before the court solely because of
the requirement of parental consent. The Committee recommends that the State party
take into account the Committee’s General Comment No. 12 adopted in 2009 on the right
of the child to be heard (CRC/C/CG/12).
Abuse and neglect
47. The Committee notes the adoption in 2004 of the Development and Protection of Women
Act, which gives women and children who are victims of family violence the right to make an
official complaint. The Committee notes with concern, however, that violence against children in
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the home remains common and that issues of abuse, violence and neglect are still considered
taboo and often remain hidden within communities and families. The Committee regrets the lack
of sufficient rehabilitation and reintegration measures for child victims of abuse. The Committee
also notes with concern the lack of human and financial resources, which impede the
implementation of articles 19 and 39 of the Convention. The Committee is further concerned
that there is no system for reporting violence, even for professionals who work with and for
children.
48. The Committee recommends the State party to:
(a) Establish mechanisms for identifying the number of cases and the extent of
violence, sexual abuse, neglect, maltreatment and exploitation, including within the
family, in schools, in penal institutions and in care institutions;
(b) Provide access and adequate services for recovery, counseling and reintegration in
all regions of the country;
(c) Provide human, technical and financial resources for the implementation of the
provisions of the Convention in respect of abuse and neglect of children; and
(d) Establish a system of mandatory reporting for professionals working with or for
children, including teachers, social workers, medical professionals and law enforcement
officials, and ensure that these professionals receive training on their obligation to report
any abuse and take appropriate action thereon.
67. The Committee welcomes the explicit prohibition of child trafficking under the Law on
the Protection of the Rights and Interests of Children and the positive steps taken by the State
party to combat trafficking and sale of children, including the establishment in 2004 of a
Committee to combat trafficking in persons. However, the Committee is concerned that the State
party remains a country of origin, transit and destination for victims of trafficking for forced
labour and sexual exploitation. The Committee is further concerned that return and reintegration
programmes for trafficking victims may not be structured in such a way as to ensure that victims
are not trafficked again.
68. The Committee recommends that the State party continue and increase efforts to
prevent, protect children from and strengthen measures to prosecute the crimes of sale
and trafficking and in particular:
(a) Fully implement the national legislation against trafficking in persons;

(b) Investigate and prosecute all cases of sale and trafficking to avoid impunity and
ensure that children receive adequate compensation as appropriate;
(c) Strengthen measures to protect child victims and ensure access to child-sensitive
social and psychological assistance for their recovery and reintegration;
(d) Address the root causes, in particular by giving special attention to families in its
programmes to combat poverty, and to prevent school dropouts; and
(e) Carry out, in cooperation with the media, awareness-raising activities for the
general public, including parents and children, on the dangers of the sale and trafficking of
human beings and its impact on children.
15
Administration of Juvenile justice
71. The Committee notes that children under the age of 15 are not held criminally
responsible and that if they commit petty offences they are presented before “community courts”
which must apply restorative measures. Nevertheless, the Committee is concerned that, for very
serious offences, children under the age of 15 are brought before criminal courts at the regional,
provincial or national level even if they are given rehabilitative or correctional measures as a
sentence. While noting that a special chamber dealing with affairs specifically concerning
children was created in 2003 in the People’s Supreme Court (tribunal populaire suprême), the
Committee nevertheless regrets that the project to establish juvenile courts in the State party is,
as of yet, not in place. The Committee also regrets that, despite the existence of alternative
measures in the State party’s judicial system, deprivation of liberty is not used only as a measure
of last resort for children between the ages of 15 and 18 years, and that, due to the current
economic situation, children are held together with adults in prisons. The Committee is further
concerned that the death penalty is not explicitly prohibited for children.
72. The Committee urges the State party to ensure that juvenile justice standards are
fully implemented, in particular articles 37 (b), 40 and 39 of the Convention, as well as the
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the
Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency
(the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty (the Havana Rules). In particular the Committee recommends
that the State party:
(a) Take all necessary measures, to ensure that children under the age of 15,
committing an offence, even a severe one, are dealt with by protection services and that
protective measures are applied in full respect of their rights;
(b) Take steps to improve the system of juvenile justice, including through the
establishment of courts for minors in the different provinces, and ensure that the system
has adequate human and financial resources to allow it to function properly;
(c) Take all necessary measures to ensure that children aged between 15 and 18 years
are held in detention only as a last resort and for very serious offences;
(d) Take all necessary measures to ensure that when detention is carried out, it is done
so in compliance with the law and respects the rights of the child as set out under the
Convention, and that children are held for as short a time as possible and separately from
adults in both pre-trial detention and after being sentenced;
(e) Take the necessary steps to ensure that persons working with children in the
justice system, juvenile judges, etc. receive appropriate training;
(f) Take into account the Committee’s general comment No. 10 on the administration
of juvenile justice (CRC/C/GC/10, 2007); and
(g) Make use of the technical assistance tools developed by the United Nations
Interagency Panel on Juvenile Justice and its members, which include UNODC, UNICEF,
OHCHR and NGOs and seek technical assistance in the area of juvenile justice from
members of the Panel.
legislation, that all children victims and or witnesses of crimes, e.g. children victims of
16
abuse, domestic violence, sexual and economic exploitation, abduction, and trafficking
and witnesses of such crimes, are provided with the protection required by the
Convention and that it take fully into account the United Nations Guidelines on Justice in
Matters Involving Child Victims and Witnesses of Crime (annexed to Economic and Social
Council resolution 2005/20 of 22 July 2005).
17
New Zealand
CRC/C/NZL/CO/3-4 4 February 2011 Original: English
26. The Committee notes with regret that the views of children are not adequately respected
within the family, in schools and in the community. The Committee also regrets that there are no
means by which children can express their views in the public domain, that the State party does
not systematically take into consideration children’s views when formulating laws and policies
that may affect them and that their right to be heard in judicial and administrative proceedings is
not sufficiently respected.
27. The Committee recommends that the State party, in accordance with article 12 of
the Convention, and taking into account the Committee draws the attention of the State
party to its general comment No. 12 (2009) on the right of the child to be heard:
(a) Promote, facilitate and implement, in legislation as well as in practice, within the
family, schools, and the community as well as in institutions and in administrative and
judicial proceedings, the principle of respect for the views of the child; and
(b) Systematically consider the views of the child in formulating laws and policies.
Abuse and neglect
34. The Committee welcomes the efforts undertaken by the State party to tackle the problem
of abuse and neglect of children, in particular the increased efforts undertaken in the area of
prevention such as through increased funding, the establishment of the Family Violence
Ministerial Team, the Taskforce for Action on Violence within Families, and the establishment of
the Independent Experts Forum on Child Abuse. However, the Committee remains alarmed at the
high prevalence of abuse and neglect of children in the family and at the lack of a comprehensive
nationwide strategy in this regard. The Committee regrets that there is still no comprehensive
system of recording and analyzing abuses committed against children and that mechanisms for
physical and psychological recovery and social reintegration of victims are not sufficiently
available across the State party.
(a) Establish mechanisms for monitoring the number of cases and the extent of
violence, sexual abuse, neglect, maltreatment or exploitation, including within the family,
in schools and in institutional or other care;
(b) Ensure that professionals working with children (including teachers, social
workers, medical professionals, members of the police and the judiciary) receive training
on their obligation to report and take appropriate action in suspected cases of domestic
violence affecting children;
(c) Strengthen support for victims of violence, abuse, neglect and maltreatment in
order to ensure that they are not victimized once again during legal proceedings; and
(d) Provide access to adequate services for recovery, counseling and other forms of
reintegration in all parts of the country.
18
54. The Committee reiterates its concern regarding the low age of criminal responsibility and
regrets that the State party has lowered it from 14 to 12 years for grave and repeated offences,
without providing a clear definition of these offences, and maintains the age of penal majority at
17 years. While noting the State party’s indication that it has made significant progress towards
the removal of the reservation to article 37(c) of the Convention regarding the separation of
juveniles and adults in detention facilities, with reference to paragraphs 8 and 9 of the present
concluding observations, the Committee expresses concern that females under the age of 18 in
conflict with the law are held in the same places of detention as older female detainees. The
Committee also regrets that, despite the existence of “Family Group Conferences”, the judiciary
uses a punitive approach more often than a restorative approach.
55. The Committee reiterates its previous recommendations (CRC/C/15/Add.216,

paragraph 50) and recommends that the State party fully implement international
standards of juvenile justice, in particular articles 37, 39 and 40 of the Convention, as well
as general comment No. 10 on children’s rights in juvenile justice, the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (“the Beijing Rules”),
the United Nations Guidelines for the Prevention of Juvenile Delinquency (“the Riyadh
Guidelines”) and the United Nations Rules for the Protection of Juveniles Deprived of Their
Liberty (“the Havana Rules”). It also recommends that the State party:
(a) Raise the minimum age of criminal responsibility in accordance with the
Committee’s general comment No. 10, and notably its paragraphs 32 and 33;
(b) Consider setting the age for criminal majority at 18 years;
(c) Develop a broad range of alternative measures to detention for children in conflict
with the law; and establish the principle that detention should be used as a measure of last
resort and for the shortest period of time as a statutory principle;
(d) While awaiting the expeditious withdrawal of its reservation to article 37(c) of the
Convention, ensure that, unless in his or her best interests, any child, male or female,
deprived of liberty is separated from adults in all places of detention;
(e) Make use of the technical assistance tools developed by the United Nations
Interagency Panel on Juvenile Justice and by its members, which include UNODC, UNICEF,
OHCHR and NGOs, and seek technical advice and assistance in the areas of juvenile justice
and police training from the members of the Panel.
legal provisions and regulations, that all children victims and or witnesses of crimes are
provided with the protection required by the Convention, and in so doing, take fully into
account the United Nations Guidelines on Justice in Matters Involving Child Victims and
Witnesses of Crime (annexed to Economic and Social Council resolution 2005/20 of 22
July 2005).
19
Singapore
CRC/C/SGP/CO/2-3 4 February 2011 Original: English
33. The Committee remains concerned that traditional attitudes towards children in society
limit and often prevent children from expressing their views on a wide range of issues that affect
them within the family, schools, institutions, judicial system and society at large. The Committee
also regrets that there is no formal procedure by which children are systematically invited to
express their views in judicial and administrative processes that affect them.
34. In light of article 12 of the Convention and the Committee’s general comment No. 12
(2009) on the right of the child to be heard, the Committee recommends that the State
party:
(a) Actively promote the right of children to be heard in the family and other settings,
and establish formal procedures enabling children to express their views on all matters
affecting them in all contexts, including at school and in other children's institutions, in
courts and administrative bodies and also in policy-making processes;
(b) Amend the legislation, including the Children and Young Persons Act, to include the
right of children to express their views freely in all matters affecting them; and
(c) Consider withdrawing the declaration on article 12 of the Convention.
64. The Committee welcomes that the Penal Code (Cap.224) has been amended to enhance
the protection of children against commercial sexual exploitation committed by persons under
the State party’s jurisdiction. The Committee, however, expresses grave concern that:
(a) Relevant national legislation does not cover the full range of prohibitions contained in
Article 3(b) of the ILO Convention (No. 182) on the Worst Forms of Child Labour, namely, the
use, procuring or offering of a child under 18 years for the production of pornography or for
pornographic performances;
(b) Limited action has been taken by the State party to combat sexual exploitation and abuse
of children, including child sex tourism, and the impunity that perpetrators of such abuse enjoy;
(c) Such cases are underreported as indicated in the statistical information provided by the
State party;
(d) Child victims are often considered and treated as prostitution offenders; and
(e) Despite extraterritorial jurisdiction regarding the sexual exploitation of children
committed by persons under the State party’s jurisdiction, the State party has hardly
investigated, prosecuted or convicted a national or permanent resident for child sex tourism.
65. The Committee urges the State party to fulfill its obligations under article 34 of the
Convention and to develop as a matter of priority a systematic response to reports of
sexual abuse and exploitation. In particular, the Committee urges the State party to take
effective measures to:
20
(a) Bring its legislation into conformity with article 3(b) of the ILO Convention (No.
182) on the Worst Forms of Child Labour;
(b) Strengthen its efforts to implement legislation which criminalises acts of sexual
exploitation and abuse with a view to ensuring that those who perpetrate sexual offences
against children are duly brought to justice and sanctioned with appropriate penalties;
(c) Establish shelters for child victims of sexual abuse and exploitation where children
are provided with rehabilitation, recovery and social reintegration services;
(d) Set up an effective and systematic monitoring mechanism for gathering data to
ascertain the number of victims and trends; and
(e) Develop a code of conduct for the protection of children from sexual exploitation in
tourism and foster more active involvement of the tourism industry and the media.
66. The Committee welcomes the criminalisation in domestic legislation of the sale,
trafficking and abduction of children and notes the efforts the State party makes in providing
facilities and programmes for victims of trafficking and prostitution, inter alia, hotline,
counselling, translation and residential services. The Committee is, however, concerned that
despite the legal framework and the efforts made, the State party is a destination country for
children subjected to trafficking in persons but the relevant data indicated in the State party
report shows unusually low numbers of cases. Furthermore, the Committee is concerned that the
State party does not investigate all trafficking cases that are reported, or punish perpetrators
with appropriate penalties and that in some cases children victims of trafficking are treated as
offenders and arrested for violation of immigration laws.
(a) Ensure that all trafficking cases involving children are promptly and thoroughly
investigated and that perpetrators are prosecuted and punished with appropriate
penalties, in particular cases involving the trafficking of children for commercial sexual
exploitation;
(b) Take all necessary legislative measures to prevent children who are victims of
trafficking from being treated as offenders, in particular, ensuring that they are not
detained, that they are provided with appropriate rehabilitative care, that they are
reunited with their families, and that they are permitted to remain in the territory of the
State party sufficiently long to be an active party in a judicial process against their
traffickers;
(c) Conduct a study, with the involvement of civil society, on the nature and scope of
the sale, trafficking and abduction of children in the State party;
(d) Raise public awareness about the extent to which trafficking is a problem within
the State party’s territory and the detrimental effects of child trafficking on the victims;
(e) Strengthen and expand bilateral and multilateral agreements and cooperation
programmes with countries of origin, transit and destination to prevent trafficking in
children;
(f) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime (2000); and
(g) Strengthen cooperation, among others, with the ILO/IPEC, International
Organisation for Migration and non-governmental organisations.
21
68. While noting with appreciation the existence of a separate juvenile justice system in the
State party, the Committee is deeply concerned that despite its previous concluding observations
(para.45):
(a) The minimum age of criminal responsibility remains very low at 7 years;
(b) Corporal punishment and solitary confinement are still used to discipline juvenile
offenders;
(c) Many offences in the Penal Code and other laws are punishable by caning for males
between the ages of 7 and 16 years;
(d) Persons convicted of an offence committed under the age of 18 may be sentenced to life
imprisonment;
(e) Children between 16 and 18 years of age, being excluded from the protection of the
Children and Young Person’s Act (CYPA), may not be charged at the Juvenile Court and their
names are entered into the register of adult criminals and children between 16 and 18 years of
age with intellectual disabilities continue to be tried in the adult courts.
69. The Committee recommends that the State party continue to strengthen its efforts
to ensure the full implementation of juvenile justice standards, in particular articles 37,
39 and 40 of the Convention and other relevant international standards, such as the
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the
Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency
(the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles
Deprived of Their Liberty (the Havana Rules), taking into account the Committee’s General
Comment No. 10 on children’s rights in juvenile justice (CRC/C/GC/10). It recommends
that the State party:
(a) Urgently raise the minimum age of criminal responsibility to an internationally

acceptable level;
(b) Revise its legislation to prohibit the use of corporal punishment and solitary
confinement in all detention institutions for juvenile offenders;
(c) Ensure that sentencing and detention take into consideration the best interests of
the child and that deprivation of liberty is applied as a measure of last resort and for the
shortest possible period of time and that it is reviewed on a regular basis with a view to
withdrawing it;
(d) Abolish the sentence of life imprisonment to children under the age of 18 and in the
meantime, ensure that children currently sentenced to life imprisonment receive
education, treatment, and care aiming at their release, reintegration and ability to play a
constructive role in society;
(e) Extend the special protection provided for under the Children and Young Persons
Act to children between 16 and 18 years of age and ensure that the criminal justice system
gives appropriate consideration to young offenders with intellectual disabilities; and
(f) Make use of the technical assistance tools developed by the United Nations
Interagency Panel on Juvenile Justice and by its members, which include UNODC, UNICEF,
OHCHR and NGOs, and seek technical advice and assistance, as needed, in the area of
juvenile justice from the members of the Panel.
22
Victims and witnesses of crimes
provisions, procedures, and regulations, that all child victims and or witnesses of crimes,
e.g. children victims of abuse, domestic violence, sexual and economic exploitation,
abduction, and trafficking as well as witnesses of such crimes have effective access to
justice and be provided with the protection required by the Convention, taking fully into
account the United Nations Guidelines on Justice in Matters Involving Child Victims and
Witnesses of Crime (annexed to Economic and Social Council resolution 2005/20 of 22
July 2005).
23
Ukraine
CRC/C/UKR/CO/4 4 February 2011 Original: English
Best interests of the child
29. The Committee is concerned that there is no systematic analysis of State policies and
programmes in terms of the best interests of the child. In particular, the Committee is concerned
that the principle is poorly integrated in laws and policies relating to children deprived of
parental care and children in contact with the law.
30. The Committee recommends that the State party establish systems and procedures
for ensuring that the best interests of the child are adequately taken into account during
State policy planning and programming. The Committee in particular recommends a
review of legislation, policies and programmes relating to juvenile justice and the child
care systems with a view to ensuring that the principle of the best interest of the child is
fully integrated therein.
33. While noting as positive changes in the Family Code allowing for the child to be heard in
the context of adoption, the Committee is nevertheless concerned that the views of the child
remain unheard in the context of civil and administrative proceedings and in the administration
of juvenile justice. In this context, the Committee regrets the lack of information how respect for
the views of the child is guaranteed in legislative, administrative and judicial decisions as well as
in the family and in schools. Recalling its recommendation from 2007 (CRC/C/OPSC/UKR/CO/1,
para. 6), the Committee further notes with concern the lack of genuine participation of children
in the community and public life and the State party’s acknowledgment that children’s
participation in decision-making processes remains the exception rather than the rule.
34. In light of article 12 of the Convention, the Committee recommends the State party
to:
(a) Consider amending its Code of Civil Procedure to allow for the right of children who
may be affected by judicial and administrative proceedings to express their views and to
be heard;
(b) Ensure that the new Concept of Development of Criminal Justice Regarding Juveniles
formally includes the right of the child to express views and to be heard;
(c) Review the Education Act to ensure that the right of children to be heard and express
themselves is explicitly stipulated therein and that it provides for the establishment of
students’ councils;
(d) Promote, facilitate and implement the principle of respect for the right of children to
be heard within the family, in schools and in the community, and to ensure their
participation in all matters affecting them.
24
Torture or other cruel, inhuman or degrading treatment or punishment
41. The Committee is deeply concerned about the significant number of allegations of
physical ill-treatment of detainees, including children, notably during initial questioning in
district police stations. In particular, the Committee is gravely concerned at alleged cases of
torture and ill-treatment of juveniles by Militsia officers to extract confessions and of migrant
children while in custody of the Ukraine State Border Guard Services. The Committee is further
concerned at reports of widespread use of corporal punishment in the home, despite its
prohibition in the home, in schools, the penal system and alternative care settings. In this context,
the low level of awareness and understanding among children and among the public about
children’s rights and about the prohibition of such acts is of serious concern to the Committee.
41. The Committee urges the State party to take all necessary measures to prevent and
eliminate torture and all forms of ill-treatment of children, and, in particular, to:
(a) Initiate comprehensive trainings for members of the Militsia and the Ukraine State
Border Guard Services on the prohibition of torture and ill-treatment and on international
standards relating to juvenile justice;
(b) Strengthen independent monitoring of children deprived of their liberty, including by
“mobile groups/teams” (see CCPR/C/UKR/6/Add.1 (2008) and CAT/C/UKR/CO/5 (2007))
or other mechanisms, until a National Preventive Mechanism is formally established by
the State party under the Optional Protocol to the Convention against Torture;
(c) Ensure prompt, independent and effective investigation of all alleged cases of torture
or ill-treatment of children and, as appropriate, prosecute offenders;
(d) Undertake a study on access to justice of children deprived of their liberty with a view
to improve respect for legal safeguards against torture and ill-treatment;
(e) End all forms of corporal punishment in the home and other settings by ensuring
effective implementation of the existing legislative prohibition, including through
awareness-raising campaigns and public education promoting positive and non-violent
child-bearing.
Drug, tobacco, alcohol and other substance use
59. The Committee is deeply concerned at the increasing practice of drug injection among
children, affecting in particular children in prison, children left behind by migrating parents,
children in street situations, and that drug use constitutes a main reason for HIV infection. It is
deeply concerned at the lack of specialized youth-friendly services aimed at treatment and
rehabilitation for these at-risk children, and that legal and attitudinal barriers impede access to
such services (such as order of the Drug Enforcement Department of the Ministry of Internal
Affairs no. 40/2/1-106 of 18 January 2011). The Committee is also concerned that the State
party’s drug strategy 2010-2015 fails to take these issues sufficiently into account and that new
regulations relating to personal possession of drugs may bring more at risk adolescents into
contact with the criminal justice system. In addition, the Committee is deeply concerned at the
very high proportion of and early initiation age of tobacco and alcohol use among children,
related in part to the ineffectiveness and weak enforcement of existing legislation prohibiting the
sale of cigarettes and alcohol to children.
60. The Committee recommends that the State party, in partnership with non-
governmental organizations, develop a comprehensive strategy for addressing the
25
alarming situation of drug abuse among children and youth and undertake a broad range
of evidence-based measures in line with the Convention, and to:
(a) Develop specialised and youth-friendly drug dependence treatment and harm
reduction services for children and young people, building on recent legislative progress
on HIV/AIDS and the successful pilot programmes for most at risk adolescents initiated by
UNICEF;
(b) Ensure that criminal laws do not impede access to such services, including by
amending laws that criminalise children for possession or use of drugs;
(c) Ensure that health and law enforcement personnel working with at-risk children
are appropriately trained in HIV prevention and that abuses by law enforcement against
at risk children are investigated and punished;
(d) Intensify enforcement of the prohibition of the sale of alcohol and tobacco to
children and to address root causes to substance use and abuse among children and youth.
Asylum-seeking and refugee children
71. While noting the draft Refugees and Persons Deserving Assistance or Temporary
Protection Act and the draft instruction on cooperation between State authorities regarding
unaccompanied asylum-seeking children, the Committee is concerned at legal and administrative
shortcomings with respect to access of asylum-seeking and refugee children to State assistance
and services, such as medical and psychological treatment and interpretation. The Committee is
particularly concerned at restrictions in access to the asylum procedure of unaccompanied and
undocumented asylum-seeking children due to the failure of the State party to appoint legal
representatives to them. Reports on detention of unaccompanied asylum-seeking children,
sometimes for several months, and deportations, are of particular concern to the Committee. The
Committee is furthermore concerned at the lack of available official statistics on the number of
refugee children aged 15-18. In this context, the Committee is also concerned that the State
party’s birth registration procedure may not guarantee to asylum-seeking children their rights
under article 7 of the Convention.
72. The Committee recommends the State party to:
(a) Adopt without undue delay the Refugees and Persons Deserving Assistance or
Temporary Protection Act and ensure that the new law will guarantee that children of
recognized refugees receive derivative refugee status;
(b) Ensure that unaccompanied asylum-seeking children are promptly appointed a legal
representative in order to effectively access the asylum procedure, as well as assistance
and protection, including access to free interpretation;
(c) Ensure that no asylum-seeking or refugee child is deprived of his or her liberty;
(d) Adopt the draft instruction on cooperation between State authorities regarding
unaccompanied asylum-seeking children;
(e) Take prompt steps to put in place an effective data collection and information storage
system with respect to the registration of refugees and asylum-seekers and ensure that
official statistics on asylum-seeking children and refugees comprise all persons under the
age of 18;
(f) Amend existing regulations to ensure birth registration and issuance of birth
certificates to children of asylum-seekers born in the State party.
26
83. While welcoming the structure of a juvenile justice system contained in the National Plan
of Action for Children (2010-2016), the Committee is concerned about the slow pace of reform
with this respect. In particular, it is concerned at information that the Working Group for the
implementation of a Concept of Development of Juvenile Justice was discontinued in April 2010,
replaced with a Concept on Development of Criminal Justice Regarding Juveniles. The Committee
is deeply concerned at the risk for retrogression towards a punitive approach with respect to
children in conflict with the law, as indicated also in the frequent pre-trial and trial detention of
children, the high percentage of juveniles sentenced to imprisonment, and the high proportion of
children in the prison population. The Committee is further concerned at the long prison
sentences, up to 15 years, for children in conflict with the law aged 16 and 17 years under article
102 (1, 3(e)) of the Criminal Code.
84. In addition, the Committee is seriously concerned that despite the fact that the minimum
age of criminal responsibility is set at 14 years, the State party operates schools for social
rehabilitation for children aged 11 to 14 years who have committed “socially dangerous actions”.
The Committee further notes with utmost concern that the Parliamentary Commissioner for
Human Rights refers to these schools as “special juvenile remand institutions” and that more
than 1,000 children stayed in such institutions (19 in 2010). In view of the high rate of relapse
rate of child offenders to crimes, the poor level of services and support, including staffing, for
their social reintegration, is further of particular concern to the Committee.
85. The Committee urges the State party to put in place a juvenile justice system as
outlined in the National Plan of Action for Children. To this end, it urges the State party to
ensures that the new Concept of Development of Criminal Justice Regarding Juveniles in
Ukraine, and the law to be adopted for its implementation, is fully in line with Convention
and with other relevant standards, including the Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of
Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles
Deprived of their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children
in the Criminal Justice System. The Committee recommends the State party to:
(a) Ensures that the juvenile justice system in practice diverges from a punitive to a
restorative juvenile justice system that promotes alternative measures to deprivation of
liberty, such as mediation, diversion, probation, counselling, community service or
suspended sentences, wherever possible;
(b) Establish by law and in practice one minimum age of criminal responsibility in line
with the Committee’s general comment No. 10 (2007) on the rights of the child in juvenile
justice;
(c) Consider abolishing, in line with the preceding recommendation, schools for social
rehabilitation where children aged 11 to 14 can be remanded after having be found guilty
for committing socially dangerous actions and develop alternative measures of care;
(d) Strengthen the social support services, including through training and increase in the
number of specialists from social centres for families, children and young persons, to
ensure psychosocial rehabilitation and programmes for children in conflict with the law;
(e) Seek technical assistance from the United Nations Country Team, including UNICEF, as
well as from the Office of the High Commissioner for Human Rights (OHCHR) in the
implementation of the above recommendations.
27
Children victims and witnesses of crimes
86. The Committee, taking note of provisions in the Law on Security of Persons Participating
in Criminal Proceedings, is concerned that national legislation does not provide for child-specific
protection measures in the criminal justice process. While noting, for example, information from
the State party that children involved in prostitution are usually treated as victims by the
institutions for law enforcement and the courts, the Committee is concerned that this is not
mandatory by law.
87. The Committee recommends that the State party ensure by law and in practice that
all children victims or witnesses of crimes, e.g. children victims of abuse, domestic
violence, sexual and economic exploitation, abduction and trafficking, and witnesses of
such crimes, are provided with the protection required by the Convention and that it take
fully into account United Nations Guidelines on Justice in Matters involving Child Victims
and Witnesses of Crime (annexed to Economic and Social Council resolution 2005/20 of 22
July 2005). In this regard, the Committee reiterates its position that child victims and
witnesses of crimes should never be treated as offenders by the authorities.
*****
28
II. Extracts of CRC Concluding Observations on the implementation of the Optional
Protocol to the Convention on the Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography.
Belarus
CRC/C/OPSC/BLR/CO/1 4 February 2011 Original: English
Measures adopted to protect the rights and interests of child victims of offences
prohibited under the Protocol
23. The Committee is concerned that certain protection measures such as the presence of a
teacher or a psychologist during the questioning of child victims or witnesses are only applied for
children up to the age of 14 years. The Committee notes the draft law on trafficking which
provides protection to victims of trafficking, but regrets the lack of information on how this
applies to children who are victims of sale, child prostitution and child pornography. While
noting that this does not apply to victims of trafficking, the Committee regrets that engagement
in prostitution for children above 16 years is considered an administrative offence.
24. The Committee urges the State party to include in the draft law on trafficking,
protection to children who are victims of sale, child prostitution and child pornography. It
also urges the State party to promote a victim-centred approach to prosecuting cases of
sale of children, child prostitution and child pornography, and increase resources devoted
to victim assistance and protection. The Committee recommends that the State party
continue and strengthen measures to ensure that all child victims up to the age of 18
receive adequate protection and specialized assistance, in accordance with article 8 (1) of
the Protocol and the UN Guidelines on Justice in Matters involving Child Victims and
Witnesses of Crime (ECOSOC res. 2005/20). The Committee further recommends that the
State party ensure that child victims of any of the offences prohibited under the Optional
Protocol are not considered as offenders, and that they are not punished, and that all
possible measures are taken to avoid their stigmatization and marginalization.
Recovery and reintegration of victims
25. The Committee notes that different Ministries are responsible for child victims depending
on their age, and it is concerned that such a fragmented approach may present difficulties in
ensuring that all child victims are provided with appropriate assistance. The Committee regrets
the lack of information received on the services provided to child victims of sale, prostitution and
pornography.
26. The Committee recommends that the State party strengthen measures to promote
the social reintegration and physical and psychosocial recovery for all child victims up to
the age of 18 of offenses under the Optional Protocol, in accordance with its article 9,
paragraph 3, in particular by providing comprehensive and coordinated assistance; and
guaranteeing access to child-friendly procedures through which they can seek
29
compensation for damages from those legally responsible, in accordance with article 9,
paragraph 4, of the Optional Protocol.
Mexico
CRC/C/OPSC/MEX/CO/1 4 February 2011 Original: English
Measures adopted to protect the rights and interests of child victims of offences
prohibited under the Optional Protocol
39. The Committee notes that positive actions are currently being taken, but need to be
expanded to address more demanding criminal realities. The “Red Nacional de victimas de
delitos” is not sufficiently funded, and does not place sufficient emphasis on children. The
Committee is concerned that the measures undertaken to identify children who have been
victims of offences under the Optional Protocol, are still insufficient. It is also concerned that the
procedures for identification and assistance given to victims vary from one state to another, and
at the lack of an effective system and coordination with relevant actors to protect and assist
victims. The Committee is further concerned that there is no child protection system for
unaccompanied migrant children in the State party.
40. The Committee recommends that the State party continue and strengthen
measures to ensure that all child victims receive adequate protection and specialized
assistance in all areas of the State party, in accordance with article 8 (1) of the Protocol
and the UN Guidelines on Justice in Matters involving Child Victims and Witnesses of
Crime (ECOSOC res. 2005/20). In particular, the State party should develop
comprehensive procedures for the early identification of child victims of offenses under
the Optional Protocol, and ensure that judges, prosecutors, social workers, medical
personnel and police officers are adequately trained on the provisions of the Optional
Protocol.
Criminal justice system protection measures
41. The Committee is concerned that the State party has not undertaken the necessary legal
measures for witness support and victim protection programmes to protect children during the
criminal justice process. The Committee is also concerned that child victims of the offences
covered by the Optional Protocol are sometimes treated as criminals and not as victims.
provisions, procedures, and regulations, that all child victims and witnesses of crimes are
protected through all stages of the criminal process as required by the Optional Protocol.
Recovery and reintegration
45. The Committee recognizes efforts of the State party, but is concerned that the measures
for social reintegration, physical and psychosocial recovery measures and compensation for child
30
victims are insufficient. The Committee is particularly concerned at the vulnerability of asylum
seeking and refugee children.
a) Ensure that resources be earmarked in order to strengthen social reintegration

and physical and psychosocial recovery measures, in accordance with article 9, paragraph
3, of the Optional Protocol, in particular by providing interdisciplinary assistance for child
victims;
b) Guarantee that all child victims have access to adequate procedures and to seek,
without discrimination, compensation for damages from those legally responsible, in
accordance with article 9, paragraph 4, of the Optional Protocol, and establish a fund for
compensation for victims, for those cases where they cannot obtain compensation from
the perpetrator; and
c) Include specific measures for the protection of asylum-seeking and refugee
children in the implementing regulations of the 2010 Law on Refugees and
Complementary Protection, in order to ensure adequate protection and effective access to
Refugee Status Determination to foreign children who may have been victims of
trafficking, prostitution and child pornography and have a well-founded fear of
persecution in their country of origin. In this regard, the State party should take into
account the Committee’s general comment No. 6 (2005) on the treatment of
unaccompanied and separated children outside their country of origin, and seek technical
assistance from UNHCR.
*****
31
III. Extracts of CRC Concluding Observations on the implementation of the Optional
Protocol to the Convention on the Rights of the Child on the Involvement of Children in
Armed Conflict
Belarus
CRC/C/OPAC/BLR/CO/1 4 February 2011 Original: English
Measures adopted to protect the rights of child victims
18. The Committee notes that the State party implement a project for the socialisation and
adaptation of child refugees in Belarus. However, the Committee regrets the lack of information
on measures taken to identify children, including refugee and asylum-seeking children, who may
have been recruited or used in hostilities abroad, as well as information on measures taken for
their physical and psychological recovery and social reintegration.
19. The Committee encourages the State party to establish an identification process
for children who may have been recruited or used in hostilities, and take the necessary
measures for their physical and psychological recovery and social reintegration. Such
measures should include careful assessment of the situation of these children,
reinforcement of the legal advisory services available for them and the provision of
immediate, culturally responsive, child sensitive and multidisciplinary assistance for
their physical and psychological recovery and their social reintegration in accordance
with the Optional Protocol.
Mexico
CRC/C/OPAC/MEX/CO/1 4 February 2011 Original: English
Military schools
17. The Committee is concerned that children who study in military schools have military
status and, if they break the law, are subject to the Military Code of Justice, according to its
article 154. It is also concerned that children who study in military schools can only leave the
school according to the rules established by the internal regulations of the school, and that they
must commit themselves to serve in the military at least double the time they spent studying in
the military school. The Committee is further concerned at reports that students in military
schools have taken part in the fight against drug trafficking, by participating in the search for
and destroying of illegal drugs, which seriously jeopardizes the rights and lives of children. The
Committee is concerned that military schools are managed solely by the Ministry of Defence.
a) Ensure that children who study in military schools are considered as civilians until
they turn 18;
32
b) Ensure that children in military schools in conflict with the law are referred to civil
courts, and treated in accordance with articles 37 and 40 of the Convention on the Rights
of the Child and the Committee’s general comment no. 10 on children’s rights in juvenile
justice;
c) Ensure that children who study in military schools receive an education in
accordance with articles 28, 29 and 31 of the Convention on the Rights of the Child, taking
into account the Committee’s general comment no. 1 on the aims of education;
d) Prohibit corporal punishment, taking into account the Committee’s general
comment no. 8 on the right of the child to protection from corporal punishment and other
cruel or degrading forms of punishment;
e) Provide children attending military schools with adequate access to independent
complaints and investigation mechanisms;
f) Ensure that the Ministry of Education monitor the military schools under the
responsibility of the Ministry of Defence; and
g) Ensure that children in military schools do not participate in the search for or
destroying of illegal drugs or in any other way take part in the fight against drug
trafficking.
Measures adopted to protect the rights of child victims
29. The Committee expresses its great concern at the high number of child victims (about
1000 dead children over the last 4 years) as a result of the fight of the army against organized
crime, child rights violations and the lack of investigation of crimes perpetrated by military
personnel.
30. The Committee urges the State party to:
a) Collect data on the number of children detained, injured or killed in the fight of the
army and police forces against non-State armed groups;
b) Investigate all crimes against children and ensure that civil courts have
jurisdiction over crimes against children committed by the army;
c) Avoid impunity by ensuring that perpetrators are prosecuted and punished;
d) Take appropriate actions to protect children from police and military action in the
context of measures taken to ensure public security, as well as from armed violence by
non-state armed groups;
e) Create the formal mechanisms and relevant legal frameworks that guarantee
human rights and the protection of children, especially girls, from violence by the military
and non-state armed groups; and
f) Establish specific regulations and protocols for the military and security forces on
how to ensure the integrity of children during investigation and actions against non-State
armed groups.
Ukraine
CRC/C/OPAC/UKR/CO/1 4 February 2011 Original: English
No specific recommendation.
33

COMITE Recommendations of Relevance To Juvenile Justice Reform

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COMITE Recommendations of Relevance To Juvenile Justice Reform

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Extracts from the Committee on the Rights of the Child (CRC)

Concluding Observations, 56th session:

Recommendations of Relevance to Juvenile Justice Reform

For the full documents, please see: http://www2.ohchr.org/english/bodies/crc/crcs56.htm

I. Extracts of CRC Concluding Observations on the implementation of the Convention on

Best interest of the child

Respect for the views of the child

Children affected by armed conflict

65. The Committee urges the State party to :

Sexual exploitation and abuse

71. The Committee calls upon the State party to:

a) Urgently develop awareness-raising programmes, including campaigns, with the

Administration of juvenile justice

a) Respect strictly the minimum age of criminal responsibility;

Protection of witnesses and victims of crimes

Respect for the views of the child

40. The Committee reiterates its recommendation (CRC/C/15/Add.180, para. 40(d))

Asylum-seeking and refugee children

68. The Committee recommends that the State party:

Administration of juvenile justice

Children victims and witnesses of crimes

Best interests of the child

Respect for the views of the child

Sexual exploitation and abuse

Administration of juvenile justice

Best Interests of the Child

Respect for the views of the child

Abuse and neglect

48. The Committee recommends the State party to:

Sale, trafficking and abduction

(a) Fully implement the national legislation against trafficking in persons;

Protection of witnesses and victims of crimes

Respect for the views of the child

Abuse and neglect

35. The Committee recommends that the State party:

55. The Committee reiterates its previous recommendations (CRC/C/15/Add.216,

Protection of witnesses and victims of crimes

Respect for the views of the child

Sexual exploitation and abuse

Sale, trafficking and abduction

67. The Committee recommends that the State party:

(a) Urgently raise the minimum age of criminal responsibility to an internationally

Best interests of the child

Respect for the views of the child

Drug, tobacco, alcohol and other substance use

Asylum-seeking and refugee children

72. The Committee recommends the State party to:

For the full documents, please see: http://www2.ohchr.org/english/bodies/crc/crcs56.htm

Recovery and reintegration of victims

Criminal justice system protection measures

Recovery and reintegration

46. The Committee recommends that the State party:

a) Ensure that resources be earmarked in order to strengthen social reintegration

For the full documents, please see: http://www2.ohchr.org/english/bodies/crc/crcs56.htm

Measures adopted to protect the rights of child victims

18. The Committee recommends that the State party:

Measures adopted to protect the rights of child victims

30. The Committee urges the State party to:

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