UN: Resolution passed on 'Administration of Justice, in particular Juvenile Justice'

Summary: On 29 September, the Human Rights Council adopted a Resolution on the Administration of Justice, in particular Juvenile Justice.

In a resolution (A/HRC/18/L.9) regarding human rights in the administration of justice, in particular juvenile justice, adopted without a vote, the Council stresses the following:

• The importance of including rehabilitation and reintegration strategies for former child offenders in juvenile justice policies, in particular through education programmes, with a view to their assuming a constructive role in society.
• Encourages States not to set the minimum age of criminal responsibility at too low an age level, bearing in mind the emotional, mental and intellectual maturity of the child, and, in this respect, refers to the recommendation of the Committee of the Rights of the Child to increase their lower minimum age of criminal responsibility without exception to the age of 12 years as the absolute minimum age and to continue to increase it to a higher age level.
• Urges States to ensure that neither capital punishment nor life imprisonment without the possibility of release is imposed for offences committed by persons under 18 years of age.
• Calls upon States to enact or review legislation to ensure that any conduct not considered a criminal offence or not penalized if committed by an adult is not considered a criminal offence and not penalized if committed by a child, in order to prevent the child's stigmatization, victimization and criminalization.
• Urges States to take all appropriate measures so that children who are victims of human trafficking are not subject to criminal sanctions for their involvement in unlawful activities to the extent that such involvement is a direct consequence of their situation as trafficked persons.
• Calls upon States to consider establishing independent national or subnational mechanisms to contribute to monitoring and safeguarding the rights of children, including children within their criminal justice systems, and to address children's concerns.
• Stresses the importance of paying greater attention to the impact of the imprisonment of parents on their children.
• Urges States to take all necessary and effective measures, including legal reform where appropriate, to prevent and respond to all forms of violence against children within the justice system.
• Requests the High Commissioner to submit an analytical report to the Human Rights Council at its twenty-first session on the protection of human rights of juveniles deprived of their liberty.
• Decides to continue its consideration of this issue under the same agenda item in accordance with its annual programme of work.

"The draft strengthens the juvenile focus" - Austria

In introducing draft resolution L.9,  Austria said the draft also strengthened the juvenile focus, including issues of children and young people deprived from their liberty, including collaboration between social and judicial services and the introduction of monitoring mechanisms.

Day on the Rights of the Child 2012

"Children and the administration of justice" has been confirmed as the theme for the Human Rights Council Day on the Rights of the Child in March 2012. Further details on the day will follow in due course.

Further Information

• Read more about issues surrounding juvenile justice
• Read about CRIN's inhuman sentencing campaign
• Read about the UN Resolution on the death penalty