Other international standards

A number of other international standards, guidelines, rules and model laws relate to child-friendly justice and, while non-binding, provide a solid basis for improving the ways that children interact with various aspects of the legal system. Nevertheless, these instruments are by no means comprehensive, and relate primarily to children's direct involvement in the criminal and juvenile justice systems. They include:

  • UN Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules). The Beijing Rules call on States to establish legal protections that further the well-being of children in conflict with the law. The Rules cover children's interaction with the legal system from first contact with law enforcement through to adjudication and disposition, directing States to establish separate juvenile justice systems with laws, regulations and policies that both protect children's rights and meet their individual needs. Specifically, States are encouraged to provide for flexibility and discretion in conducting juvenile justice proceedings while at the same time guaranteeing children basic procedural safeguards.
  • UN Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines). The Riyadh Guidelines take a child-centered approach to encourage young persons' full participation in society, urging States to adopt laws and processes that address the conditions underlying juvenile delinquency. Among other measures, States are asked to enact laws that promote and protect the rights and well-being of children and to support mechanisms and advocacy services that ensure the status, rights and interests of children in conflict with the law are upheld. Following the principles of fairness and equity, the Guidelines further dictate that official intervention into a child's life must always be pursued in the interests of that child.
  • UN Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). The Havana Rules give standards of reference to professionals involved in the management of the juvenile justice system from arrest through to release. They seek to uphold the safety and well-being of children in conflict with the law, emphasising in particular that deprivation of liberty should be a last resort in exceptional cases for the minimum necessary time. The conditions and circumstances of detention should ensure respect for children's rights, and each child must be individually assessed and cared for in line with their needs, status and special requirements. The Rules further address children's rights to education, recreation, religion, health care, and to contact with the wider community, and would require States to provide effective remedies where these or any other rights are breached.
  • UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (view the child-friendly version). Broadly, these Guidelines aim to assist States in designing and implementing legislation, policy, progammes and practices to ensure full respect for child victims and witnesses. They recognise that children are particularly vulnerable and require special protection in their interactions with the justice system, and reaffirm the general principles of the Convention on the Rights of the Child. Under the Guidelines, child victims and witnesses have the right to be treated with dignity and compassion, to be informed, to be heard, to receive effective assistance and benefit from special protective measures, to have their privacy and safety assured, and to seek reparation. A holistic approach is also strongly encouraged.
  • Guidelines for Action on Children in the Criminal Justice System. The Guidelines for Action are aimed not only at States, but also UN entities, NGOs, professional groups, the media and children. They address children who become involved in the criminal justice system in any capacity, whether as offenders, victims or witnesses, and encourage the full implementation of children's rights in the administration of justice. On a national level, governments are urged to develop separate, child-oriented juvenile justice systems that take account of the specific needs of individual children. Most importantly, these systems should both guarantee respect for and prevent the violation of children's rights.
  • UNODC-UNICEF Model Law on Justice in Matters involving Child Victims and Witnesses of Crime. The Model Law sets out provisions for the protection of child victims and witnesses in accordance with existing international human rights instruments, calling on national governments and justice professionals to create systems that improve the treatment of child victims and witnesses. The Law underscores children's right to be informed and to receive appropriate assistance, including the appointment of a support person to guide them through the criminal justice process. Courts are also expected to make every effort to facilitate children's right to be heard, to adopt extensive measures that protect children's privacy before, during and after proceedings, and to guarantee children's right to receive restitution or compensation from convicted offenders.
  • Guidance Note of the Secretary-General: UN Approach to Justice for Children. The Secretary General's Guidance Note seeks to ensure the full application of international norms and standards for all children who come into contact with national justice systems. The Note argues that States should embrace a stronger rule of law for children by empowering justice institutions and adopting strategies that specifically guarantee respect for children's rights. Guiding principles to be followed include the best interests of the child, the right to fair and equal treatment, the right to be heard, and the right to be protected from violence. States are urged to integrate these and other child-friendly justice notions into relevant constitutional and legislative reform efforts, and to promote overall integrity and accountability in justice and law enforcement.
  • UN Human Rights Council Resolution on Human Rights in the Administration of Justice, in particular Juvenile Justice. In this Resolution, the Human Rights Council calls on States to take effective legislative, judicial, social, educative and other measures in implementing UN standards on human rights in the justice system. Rehabilitation, reintegration and monitoring are stressed, and the Resolution recognises that children in conflict with the law must be treated in a manner consistent with their rights, dignity and needs. States are advised to allocate resources for legal aid in a way that promotes these rights, and in particular urged to take all necessary steps, including legal reform, to prevent and respond to violence against children within the justice system.
  • UN Guidelines for the Alternative Care of Children. Where children are or must be deprived of parental care, these Guidelines assert that States are responsible for protecting their rights and well-being. The most suitable form of alternative care should be identified for each child, grounded in the child's best interests and with a view to ensuring safety and security. The Guidelines specify that children should be consulted and have their views taken into account at all stages, that particular attention should be paid to especially vulnerable children, and that children's rights to education, health, basic services, identity, freedom of religion and language should be promoted. Decisions related to care should be reviewed regularly and made through judicial, administrative or other procedures with safeguards in place, including the legal representation of children involved.