CRC/C/GC/24
I. Introduction
1.
The present general comment replaces general comment No. 10 (2007) on children’s
rights in juvenile justice. It reflects the developments that have occurred since 2007 as a result
of the promulgation of international and regional standards, the Committee’s jurisprudence,
new knowledge about child and adolescent development, and evidence of effective practices,
including those relating to restorative justice. It also reflects concerns such as the trends
relating to the minimum age of criminal responsibility and the persistent use of deprivation
of liberty. The general comment covers specific issues, such as issues relating to children
recruited and used by non-State armed groups, including those designated as terrorist groups,
and children in customary, indigenous or other non-State justice systems.
2.
Children differ from adults in their physical and psychological development. Such
differences constitute the basis for the recognition of lesser culpability, and for a separate
system with a differentiated, individualized approach. Exposure to the criminal justice system
has been demonstrated to cause harm to children, limiting their chances of becoming
responsible adults.
3.
The Committee acknowledges that preservation of public safety is a legitimate aim of
the justice system, including the child justice system. However, States parties should serve
this aim subject to their obligations to respect and implement the principles of child justice
as enshrined in the Convention on the Rights of the Child. As the Convention clearly states
in article 40, every child alleged as, accused of or recognized as having infringed criminal
law should always be treated in a manner consistent with the promotion of the child’s sense
of dignity and worth. Evidence shows that the prevalence of crime committed by children
tends to decrease after the adoption of systems in line with these principles.
4.
The Committee welcomes the many efforts made to establish child justice systems in
compliance with the Convention. Those States having provisions that are more conducive to
the rights of children than those contained in the Convention and the present general comment
are commended, and reminded that, in accordance with article 41 of the Convention, they
should not take any retrogressive steps. State party reports indicate that many States parties
still require significant investment to achieve full compliance with the Convention,
particularly regarding prevention, early intervention, the development and implementation of
diversion measures, a multidisciplinary approach, the minimum age of criminal
responsibility and the reduction of deprivation of liberty. The Committee draws States’
attention to the report of the Independent Expert leading the United Nations global study on
children deprived of their liberty (A/74/136), submitted pursuant to General Assembly
resolution 69/157, which had been initiated by the Committee.
5.
In the past decade, several declarations and guidelines that promote access to justice
and child-friendly justice have been adopted by international and regional bodies. These
frameworks cover children in all aspects of the justice systems, including child victims and
witnesses of crime, children in welfare proceedings and children before administrative
tribunals. These developments, valuable though they are, fall outside of the scope of the
present general comment, which is focused on children alleged as, accused of or recognized
as having infringed criminal law.
II. Objectives and scope
6.
The objectives and scope of the present general comment are:
(a)
To provide a contemporary consideration of the relevant articles and principles
in the Convention on the Rights of the Child, and to guide States towards a holistic
implementation of child justice systems that promote and protect children’s rights;
(b)
To reiterate the importance of prevention and early intervention, and of
protecting children’s rights at all stages of the system;
(c)
To promote key strategies for reducing the especially harmful effects of contact
with the criminal justice system, in line with increased knowledge about children’s
development, in particular:
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