Juvenile Justice
Juvenile justice
The term "juvenile justice" refers to legislation, norms and standards, procedures, mechanisms and provision, institutions and bodies specifically applicable to juvenile offenders.
According to the United Nations Convention on the Rights of the Child, "States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth" (Article 40.1).
Several international and regional standards exist which are based on widely recognized approaches to juvenile crime and the treatment of children in conflict with the law. Amongst them, Articles 37, 39 and 40 of the Convention on the Rights of the Child pertain to children's rights with respect to the juvenile justice system and, more generally, the criminal justice system as a whole. Other articles of the Convention (arts. 2 on non discrimination, 3 on best interests of the child, 6 on right to life and 12 on right to be heard) set out the general principles that must be taken into account in addressing the situation of children in conflict with the law.
In all decisions taken within the context of the administration of juvenile justice, the best interests of the child should be a primary consideration.
Towards a Child-friendly justice
The term "Child-friendly justice" refers to justice systems that guarantee the respect of all children's rights, give due consideration to the child's level of maturity, and is adapted to and focused on the needs and rights of the child. A child-centred system recognizes the child as subject to fundamental rights and freedoms and ensures that all actions concerning the child are to be guided according to his/her best interests.
In order to covers all situations where a child is in contact with the justice system, an approach called "Justice for children" has been developed. The goal of the justice for children approach is to ensure that children, defined as all persons under the age of eighteen, are better served and protected by justice systems, whether in contact with the justice system as victims, witnesses or offenders.
The majority of children in the criminal justice system do not belong there
Three major strands of work
Prevention in order to ensure that children do not come into conflict with the law in the first place and therefore do not come into contact with the formal criminal justice system.
Diversion & restorative justice to ensure that children at all possible stages are diverted away from the formal criminal justice system and into community-based and restorative processes that effectively address the root causes of their behaviours.
Protection of children who are already in conflict with the law from human rights violations, focusing on their development in order to deter them from re-offending and to promote their rehabilitation.
Children's and adolescents' rights are being violated on a daily basis in justice systems