CRC/C/GC/24
IV. Core elements of a comprehensive child justice policy
A.
Prevention of child offending, including early intervention directed
at children below the minimum age of criminal responsibility
9.
States parties should consult the United Nations Model Strategies and Practical
Measures on the Elimination of Violence against Children in the Field of Crime Prevention
and Criminal Justice and comparative national and international research on root causes of
children’s involvement in the child justice system and undertake their own research to inform
the development of a prevention strategy. Research has demonstrated that intensive familyand community-based treatment programmes designed to make positive changes in aspects
of the various social systems (home, school, community, peer relations) that contribute to the
serious behavioural difficulties of children reduce the risk of children coming into child
justice systems. Prevention and early intervention programmes should be focused on support
for families, in particular those in vulnerable situations or where violence occurs. Support
should be provided to children at risk, particularly children who stop attending school, are
excluded or otherwise do not complete their education. Peer group support and a strong
involvement of parents are recommended. States parties should also develop communitybased services and programmes that respond to the specific needs, problems, concerns and
interests of children, and that provide appropriate counselling and guidance to their families.
10.
Articles 18 and 27 of the Convention confirm the importance of the responsibility of
parents for the upbringing of their children, but at the same time the Convention requires
States parties to provide the assistance to parents (or other caregivers) necessary to carry out
their child-rearing responsibilities. Investment in early childhood care and education
correlates with lower rates of future violence and crime. This can commence when the child
is very young, for example with home visitation programmes to enhance parenting capacity.
Measures of assistance should draw on the wealth of information on community and familybased prevention programmes, such as programmes to improve parent-child interaction,
partnerships with schools, positive peer association and cultural and leisure activities.
11.
Early intervention for children who are below the minimum age of criminal
responsibility requires child-friendly and multidisciplinary responses to the first signs of
behaviour that would, if the child were above the minimum age of criminal responsibility, be
considered an offence. Evidence-based intervention programmes should be developed that
reflect not only the multiple psychosocial causes of such behaviour, but also the protective
factors that may strengthen resilience. Interventions must be preceded by a comprehensive
and interdisciplinary assessment of the child’s needs. As an absolute priority, children should
be supported within their families and communities. In the exceptional cases that require an
out-of-home placement, such alternative care should preferably be in a family setting,
although placement in residential care may be appropriate in some instances, to provide the
necessary array of professional services. It is to be used only as a measure of last resort and
for the shortest appropriate period of time and should be subject to judicial review.
12.
A systemic approach to prevention also includes closing pathways into the child
justice system through the decriminalization of minor offences such as school absence,
running away, begging or trespassing, which often are the result of poverty, homelessness or
family violence. Child victims of sexual exploitation and adolescents who engage with one
another in consensual sexual acts are also sometimes criminalized. These acts, also known
as status offences, are not considered crimes if committed by adults. The Committee urges
States parties to remove status offences from their statutes.
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