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Resolution 2010 (2014) Final version
Child-friendly juvenile justice: from rhetoric to reality
1. Children’s rights have developed
considerably in the last three decades. During this process, it
has become clear that children have unique needs which should be
taken into account, in particular when they come into contact with
the justice system. This issue has been specifically addressed in
a number of international and regional children’s rights instruments,
including the Guidelines of the Committee of Ministers of the Council
of Europe on child-friendly justice, adopted in 2010.
2. Children come into contact with the justice system in many
ways, including when they are in conflict with the law. Finding
the best way to deal with juvenile delinquency is a challenging
task for all governments, as they need to find the right balance
between the protection of society and the best interest of the child,
who is a developing, learning human being and is still open to positive
socialising influences. However, pressure on politicians to “get
tough on crime” has led to increasingly harsh responses to children
in conflict with the law.
3. Moreover, despite the panoply of international and regional
standards providing a well-established framework for modelling juvenile
justice, there is a considerable and continuing dissonance between
the rhetoric of human rights discourse and the reality of juvenile
justice interventions, in particular juvenile detention, for many
children. The United Nations and the Council of Europe’s monitoring
bodies have identified a rather unsatisfactory situation with respect
to the enforcement of human rights standards in the area of juvenile
justice and detention. In this context, the over-representation
of vulnerable children in detention has been considered alarming.
4. With a view to improving children’s rights and juvenile justice
practices across Europe, it is crucial to focus on the implementation
of the relevant standards. Preventing juvenile delinquency, preventing
young people from entering the penal system through a high minimum
age of criminal responsibility and diversion, favouring the implementation
of alternative non-custodial measures, as well as reducing the number
of children in detention, are key factors to a successful system
of juvenile justice. They are also less costly and more likely to
ensure public safety and help young people to reach their potential.
5. In view of the above, the Parliamentary Assembly urges the
Council of Europe member States to bring their law and practice
into conformity with the human rights standards modelling juvenile
justice.
6. In particular, the Assembly calls on the member States to:
6.1. establish a specialised juvenile
justice system by means of dedicated laws, procedures and institutions
for children in conflict with the law, inter
alia the institution of a Children’s ombudsperson, following
the positive practice of some member States;
6.2. set the minimum age of criminal responsibility at at least
14 years of age, while establishing a range of suitable alternatives
to formal prosecution for younger offenders;
6.3. prohibit exceptions to the minimum age of criminal responsibility,
even for serious offences;
6.4. ensure that detention of juveniles is used as a measure
of last resort and for the shortest possible period of time, in
particular by:
6.4.1. determining an age limit below which
it is not permitted to deprive a child of his or her liberty, preferably
higher than the minimum age of criminal responsibility;
6.4.2. developing a broad range of alternative non-custodial
measures and sanctions to pre-trial detention and post-trial incarceration,
including educational measures, community sanctions and treatment
programmes;
6.4.3. abolishing life imprisonment of any kind for children;
6.4.4. establishing a reasonable maximum period to which a child
may be sentenced;
6.4.5. providing regular reviews of custodial measures and/or
sanctions a child may be subjected to;
6.5. ensure that deprivation of liberty, used only as a measure
of last resort, aims at rehabilitating and reintegrating children
into society, in particular by providing appropriate training and
treatment programmes;
6.6. develop a broad range of diversion programmes, respecting
human rights standards and based, inter
alia, on principles of restorative justice, with a view
to dealing with juvenile offenders without resorting to judicial
proceedings;
6.7. decriminalise status offences, which are acts classified
as offences only when committed by children;
6.8. ensure that all actors involved in the administration
of juvenile justice receive appropriate training, with a view to
guaranteeing an effective implementation of children’s rights in
this context;
6.9. prevent the detention of young offenders by, inter alia, introducing a system
of rapid intervention with the aim of allowing a multi-professional
team, including the police, social workers, psychiatric nurses and
youth workers, to facilitate the investigation of crimes committed
by young offenders and to offer them and their families support
and rehabilitation.
7. The Assembly calls on all member States to support the call
for a global study on children deprived of liberty, initiated by
Defence for Children International, supported by several other civil
society organisations and launched on 13 March 2014.
8. Finally, the Assembly refers to its Resolution 1796 (2011) “Young offenders:
social measures, education and rehabilitation”, in which it promoted
welfare-based responses with a view to preventing juvenile delinquency.
Such responses lead to greater social inclusion, greater participation
and greater commitment to education and socially acceptable behaviour.