HUNGARY: Rights Commissioner slams proposal to lower the minimum age of criminal responsibility

[14 May 2012] - The Commissioner for Fundamental Rights is deeply concerned about the draft [proposal] of the Hungarian Criminal Code [to decrease] the minimum age of criminal responsibility from 14 to 12 years in some cases, which may result in the deprivation of liberty for [children found guilty of an offence]. 

...The UN Convention on the Rights of the Child (CRC) and the General Comments of the CRC Committee embody a clear direction and spirit to build a child-friendly/centered justice system aiming to help, support, and reintegrate children who come into conflict with the law. In general, criminal statistics on, and the nature of, crimes committed by persons under 18 also do not support [the proposed] amendment. [According to the CRC], deprivation of liberty can be used only as last resort and for the shortest time possible. 

The Commissioner for Fundamental Rights, as Children’s Rights Ombudsman, believes that problems of ‘deviant’ children can be solved primarily not with criminal sanctions, but in close and dialogue-based cooperation with child care professionals, such as social workers, child care institutions, health care professionals, schools, etc., [so as] to support prevention emphasising children’s best interests and respecting their universal rights. 

 

Further Information:

pdf: http://gyermekjogok.obh.hu/

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