CRC/C/GC/24
(i)
Setting an appropriate minimum age of criminal responsibility and ensuring
the appropriate treatment of children on either side of that age;
(ii)
Scaling up the diversion of children away from formal justice processes and to
effective programmes;
(iii) Expanding the use of non-custodial measures to ensure that detention of
children is a measure of last resort;
(iv)
Ending the use of corporal punishment, capital punishment and life sentences;
(v)
For the few situations where deprivation of liberty is justified as a last resort,
ensuring that its application is for older children only, is strictly time limited and is
subject to regular review;
(d)
To promote the strengthening of systems through improved organization,
capacity-building, data collection, evaluation and research;
(e)
To provide guidance on new developments in the field, in particular the
recruitment and use of children by non-State armed groups, including those designated as
terrorist groups, and children coming into contact with customary, indigenous and non-State
justice systems.
III. Terminology
7.
The Committee encourages the use of non-stigmatizing language relating to children
alleged as, accused of or recognized as having infringed criminal law.
8.
Important terms used in the present general comment are listed below:
• Appropriate adult: in situations where the parent or legal guardian is not available to
assist the child, States parties should allow for an appropriate adult to assist the child.
An appropriate adult may be a person who is nominated by the child and/or by the
competent authority.
• Child justice system:1 the legislation, norms and standards, procedures, mechanisms
and provisions specifically applicable to, and institutions and bodies set up to deal
with, children considered as offenders.
• Deprivation of liberty: any form of detention or imprisonment or the placement of a
person in a public or private custodial setting, from which this person is not permitted
to leave at will, by order of any judicial, administrative or other public authority.2
• Diversion: measures for referring children away from the judicial system, at any time
prior to or during the relevant proceedings.
• Minimum age of criminal responsibility: the minimum age below which the law
determines that children do not have the capacity to infringe the criminal law.
• Pretrial detention: detention from the moment of the arrest to the stage of the
disposition or sentence, including detention throughout the trial.
• Restorative justice: any process in which the victim, the offender and/or any other
individual or community member affected by a crime actively participates together in
the resolution of matters arising from the crime, often with the help of a fair and
impartial third party. Examples of restorative process include mediation,
conferencing, conciliation and sentencing circles.3
1
2
3
In the English version of the present general comment, the term “child justice system” is used in place
of “juvenile justice”.
United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules),
art. 11 (b).
Basic principles on the use of restorative justice programmes in criminal matters, para. 2.
3