Recommendations to legal professionals and associations of legal professions
Annex 1: List of calls to action (CTAs) made at the UPR on juvenile justice
Main theme Topics/
principles
International provision
Call to action Number
of CTAs
• Recommending states made recommendations calling to:
– ensure that children alleged as, accused of or recognised as having infringed the penal law are treated without discrimination based on gender (4 CTAs). Eg, ‘Ensure that any reform of the juvenile justice system explicitly takes into account the differentiated needs of girls and boys’ (Austria to Albania);
– ensure that children alleged as, accused of or recognised as having infringed the penal law are treated without discrimination based on ethnicity (5 CTAs). Eg, ‘Reduce the rate of family separation of indigenous peoples caused, among others, by the removal of babies and children from their families and the imprisonment of juveniles and adults’ (Paraguay to Australia); and
– decriminalise status offences (1 CTA). Eg, ‘…
decriminalise child begging’ (Costa Rica to Greece).
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• Recommending states made recommendations calling to:
– ensure that the best interest of the child is a primary consideration in the administration of juvenile justice. Eg, ‘establish appropriate measures to deal with the situation of children in the juvenile justice system, taking fully into account the best interest of the children concerned…’ (Norway to Mauritius).
– Recommendations on the best interest sometimes indicate how to respect the principle. Eg, ‘Continue its efforts to ensure the implementation of the principle of the best interest of the child in the juvenile justice system, including by considering incorporating the restorative justice principle’ (Indonesia to Albania).
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Right to be heard Article 12.2 UN CRC • Recommending states called to ensure that children are heard in any judicial and administrative proceedings affecting them. Eg, ‘Ensure that children are heard in the judicial and administrative procedures concerning them, in accordance with procedures adapted to their maturity...’ (Belgium to Finland).
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Protection of children’s rights in juvenile justice (general principle)
Beijing Rule 2.3(a) Havana Rule 1
• Protect the rights of children alleged as, accused of or recognised as having infringed the penal law in the juvenile justice system. Eg, ‘Strengthen the legal framework for the protection of children, as well as guaranteeing the rights of delinquent minors’ (France to Mauritania).
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Specialised
• States made general recommendations calling to:
– improve or reform the administration of justice to children (6 CTAs). Eg, ‘Take further practical steps to enhance the administration of juvenile justice’ (Belarus to Brunei Darussalam).
• States also called states under review to:
– seek technical assistance to improve the administration of juvenile justice (12 CTAs).
Eg, ‘Assess the recommendation made by the Committee on the Rights of the Child with regard to seeking technical assistance from the United Nations, in order to implement the recommendations of the study on violence against children and the establishment of a juvenile justice system’
(Chile to Bulgaria).
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Right to access to justice
• States have called to:
– ensure access to justice for children (10 CTAs).
Eg, ‘Adopt adequate legislation to ensure that children in conflict with the law have access to justice and social reintegration, using the deprivation of liberty as a last resort’ (Chile to Jamaica).
Establishment of specialised juvenile justice laws
• States have called to:
– establish or adapt laws and procedures specifically applicable to children alleged as, accused of or recognised as having infringed the penal law (19 CTAs). Eg, ‘Adopt a national action plan for child rights in the juvenile justice system’ (Sudan to Oman).
• States also made specific recommendations calling for the adoption of a specific piece of legislation on juvenile justice (16 CTAs). Eg, ‘Take immediate measures to effectively implement the Juvenile Justice and Welfare Act of 2006’ (Norway to Philippines).
• States made additional recommendations calling states to:
– align juvenile justice legislation with the UN CRC, international standards/the UN CRC, Beijing Rules and Riyadh Guidelines (21 CTAs). Eg, ‘Adopt a penal system that is in conformity with the Committee on the Rights of the Child recommendations, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)…’ (Slovenia to Argentina); and
– adopt child-friendly justice standards (4 CTAs).
Eg, ‘Consider and address the issue of reportedly high number of children and adolescents in juvenile detention centres by applying child-friendly justice standards and encouraging the use of alternative sanctions and reintegration programmes‘ (Serbia to Costa Rica).
Main theme Topics/
principles
International provision
Call to action Number
of CTAs
Specialised justice system for juveniles
• Recommending states made general recommendations calling to:
– create a specialised juvenile justice system for children alleged as, accused of or recognised as having infringed the penal law (34 CTAs). Eg, ‘Take steps to implement a juvenile justice system…’ (Canada to Grenada); and
– strengthen/improve the juvenile justice system and ensure the functioning of the system (22 CTAs).
Eg, ‘Improve the judicial system that is specialized for minors’ (France to Uruguay).
• Recommending states also made specific recommendations calling to:
– establish a specialised juvenile justice system for children alleged as, accused of or recognised as having infringed the penal law in line with the UN CRC, Beijing Rules and/or Riyadh Guidelines (11 CTAs). Eg, ‘Implement a system of administration of juvenile justice that fully integrates in its legislation, policies and practices the provisions and principles of the Convention on the Rights of the Child (CRC) (in particular articles 37, 39 and 49) as well as the Beijing Rules, the Riyadh Guidelines, United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System’ (Uruguay to Belize);
– bring the specialised juvenile justice system in line with the UN CRC, Beijing Rules and/or Riyadh Rules (17 CTAs). Eg, ‘Bring juvenile justice into conformity with the Convention on the Rights of the Child’ (Mali to Guinea Bissau);
– ensure that minors/children under the age of 18 are not tried in the adult criminal justice system (20 CTAs). Eg, ‘Ensure that only the juvenile justice system deals with cases of children under 18 years’
(Uruguay to St Vincent & the Grenadines); and – ensure that minors/children under the age of
18 are not tried in military courts (4 CTAs). Eg, ‘Do not undertake criminal proceedings against Palestinian juveniles in military courts’ (Iraq to Israel).
Specialised juvenile justice institutions
• Recommending states made recommendations calling to:
– establish specialised juvenile courts/courts and judges/make courts more child friendly (specific recommendations) (21 CTAs). Eg, ‘Take further steps to ensure that juvenile courts are set up and that children are separated from adults in detention facilities’ (Hungary to Gabon);
– establish juvenile justice facilities/institutions (6 CTAs). Eg, ‘Guarantee the protection of child rights and provide adequate juvenile justice facilities‘ (UAE to Jordan);
and
– 2 CTAs mention the role of a children’s ombudsman.
Eg, ‘Create a system of juvenile justice that includes the establishment of a children’s ombudsman’ (Spain to Chile).
Main theme Topics/
principles
International provision
Call to action Number
of CTAs
Reintegration
Objective of reintegration of children
Article 40(1) UN CRC Havana Rule 8
• Recommending states made general recommendations (24 CTAs) calling to:
– ensure the reintegration in society of juveniles alleged as, accused of or recognised as having infringed the penal law/of juvenile offenders.
Eg, ‘Strengthen its national strategy to reform the prison system, in particular to promote the prompt reintegration of juvenile detainees into society’ (Morocco to Georgia).
• Recommending states also made specific recommendations (9 CTAs) calling to:
– create programmes of reintegration for juvenile offenders. Eg, ‘Improve existing and develop new rehabilitation and reintegration programmes for children in conflict with the law…’ (Kyrgyzstan to Montenegro).
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Prevention of juvenile delinquency
Riyadh Guidelines (all provisions)
• Recommending states made general recommendations (4 CTAs) calling to:
– take measures to prevent juvenile delinquency.
Eg, ‘Improve the human rights system protecting young people and children and take measures to prevent juvenile delinquency’ (Belarus to Venezuela).
• Recommending states also made specific recommendations (8 CTAs) calling to:
– implement specific programmes of prevention of juvenile delinquency (3 CTAs). Eg, ‘Look to replicate successful programmes that aim to keep adolescents out of the prison system wherever possible’ (Australia to Papua New Guinea); and
– including through: education, training and employment (2 CTAs), measures to address poverty (2 CTAs) and the separation of children from adults in detention to avoid reoffending (1 CTA). Eg, ‘Take concrete steps to combat juvenile delinquency which include the provision of opportunities for training, education and employment’ (Costa Rica to Cape Verde).
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Diversion from judicial proceedings
Principle of dealing with children without resorting to judicial
• Recommending states made recommendations (3 CTAs) calling to:
– exclude criminal proceedings for children alleged as, accused of or recognised as having infringed the penal law. Eg, ‘Expand the successful pre-trial diversion programme for juvenile offenders from the existing five provinces to 10’ (South Africa to Zimbabwe).
• Recommending states also made recommendations (11 CTAs) calling:
– to implement restorative justice principle (ie, one manner to divert cases from judicial proceedings).
Eg, ‘Continue efforts to strengthen its juvenile justice system through, inter alia, considering the incorporation of the restorative justice principle’ (Indonesia to Nicaragua).
Call to action Number
of CTAs
Minimum age of criminal responsibility
Obligation to establish a minimum age of criminal responsibility
Article 40(3)(a) UN CRC Beijing Rule 4
• Recommending states made general recommendations calling to:
– raise the minimum age of criminal responsibility (42 CTAs). Eg, ‘Raise the minimum age of criminal responsibility’ (Brazil to Brunei Darussalam); and – review the minimum age of criminal responsibility
(7 CTAs). Eg, ‘Revise the legislation on the age of criminal responsibility’ (France to Vanuatu).
• Recommending states made more specific recommendations calling to:
– establish a minimum age of criminal responsibility (7 CTAs). Eg, ‘Set a minimum age for criminal
responsibility, as well as special procedures for minor offenders’ (Ecuador to Micronesia); and
– raise the minimum age of criminal responsibility in line with international standards/with the UN CRC (69 CTAs). Eg, ‘Raise the minimum age of criminal responsibility to an internationally accepted level, and in line with the Convention on the Rights of the Child, the Beijing rules and Riyadh guidelines’ (Uruguay to Botswana); and ‘Raise the minimum age of criminal responsibility according to the general comment No. 10 of the Committee on the Rights of the Child’ (Uruguay to Seychelles).
• Indicating more specifically the age to raise the minimum age of criminal responsibility, states made recommendations calling to:
– raise the minimum age of criminal responsibility to the age of 18 (10 CTAs).
Eg, ‘Raise the minimum age of criminal responsibility from 7 to 18 years’ (Sierra Leone to Kuwait);
– raise the minimum age of criminal responsibility to the age of 14 (5 CTAs). Eg, ‘Consider raising the age of criminal responsibility from 12 to 14 years, even for the most serious crimes’ (Republic of Korea to Hungary);
– raise the minimum age of criminal responsibility to the age of 16 (3 CTAs). Eg, ‘Raise the minimum age of criminal responsibility to 16 and establish a system of juvenile justice’ (Belgium to Indonesia);
– raise the minimum age of criminal responsibility to the age of 12 (9 CTAs). Eg, ‘Increase the age of minimum criminal responsibility to at least 12 years, as recommended by the CRC’ (Austria to Malawi);
– raise the minimum age of criminal responsibility from the age of 12 years old (1 CTA). Eg, ‘Raise the minimum age of criminal responsibility currently fixed at 12 years, in compliance with its international obligations’
(France to Sudan);
– repeal very low minimum age of criminal
responsibility (7 CTAs). Eg,‘remove the provision in the penal code establishing the age of criminal responsibility as 7 years old’ (France to Mauritania); and
– prevent children from being accountable in court (2 CTAs). Eg, ‘Conform the juvenile justice system to be in accordance with international standards so as to prevent children from being legally accountable in courts’
(Serbia to Kenya).
Call to action Number
of CTAs
Fair trial
• Recommending states called to ensure that all fair trial guarantees are respected for children alleged as, accused of or recognised as having infringed the penal law (8 CTAs). Eg, ‘Reinforce existing legislation to ensure a fair judicial treatment, especially for the most vulnerable categories, such as women and children’
(Italy to Bolivia).
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Right to appeal Article 40(2)(b)(v) UN CRC Beijing Rule 7
• Develop/promote an appeal mechanism/system to review sentences (5 CTAs). Eg, ‘Continue advancing on the specialization of the juvenile justice system, including the development of an appeals mechanism’ (Chile to Uruguay).
Note that three of these CTAs call for the withdrawal of reservation to Article 40(2)(b)(v) on the right of children to appeal.
Right to an interpreter
Article 40(2)(b)(vi) UN CRC
• Ensure that children are not compelled to give confessions in a language that they do not understand (1 CTA). Eg, ‘End urgently night arrests of Palestinian children, the admissibility in evidence in military courts of written confessions in Hebrew signed by them, their solitary confinement and the denial of access to family members or to legal representation’ (Ireland to Israel).
Right to legal
• Recommending states made general recommendations (6 CTAs) calling to:
– ensure that children alleged as, accused of or recognised as having infringed the penal law have access to legal assistance. Eg, ‘Continue to guarantee young people the access to legal assistance in conformity with the law’ (Djibouti to China).
• Recommending states also made specific recommendations (7 CTAs). Eg, ‘Ensure the proper functioning of the juvenile justice system in compliance with international standards and to guarantee that minors are always heard in the presence of a legal representative’
(Iran to Austria).
• Ensure that children are not compelled to give confession of guilt (1 CTA). Eg, ‘End urgently night arrests of Palestinian children, the admissibility in evidence in military courts of written confessions in Hebrew signed by them, their solitary confinement and the denial of access to family members or to legal representation’
(Ireland to Israel).
Right to an atmosphere of understanding
Beijing Rule 14.2 • Adopt child-friendly measures for children involved in criminal proceedings (3 CTAs). Eg, ‘Recommended that child-sensitive procedures be adopted during criminal proceedings involving children’ (Canada to Republic of Korea).
• Ensure that sentences applied to children take into account their age and circumstances (2 CTAs). Eg,
‘Consider how to deal with minor delinquency in order to provide sentences suited to the age of offenders, to educate them and lead to their social reintegration’
(France to Cape Verde).
• This should lead to the abolishment of mandatory minimum sentencing to children, which was recommended twice (2 CTAs). Eg, ‘Abolish the mandatory minimum sentencing of juvenile offenders’
(Czechia to Australia).
Call to action Number
of CTAs
Prohibition of the death penalty
Article 37(a) UN CRC Beijing Rule 17.2
• Recommending states made recommendations calling to:
– abolish the death penalty in particular for minors (6 CTAs). Eg, ‘Abolish the death penalty, at least for juvenile perpetrators’ (Czechia to Iran);
– abolish the death penalty for minors (51 CTAs).
Eg, ‘Cease immediately the use of the death penalty, especially for minors and those who committed offences while they were juveniles’ (New Zealand to Iran);
– do not impose the death penalty on minors (17 CTAs).
Eg, ‘Strictly ensure that the death penalty is not imposed for children, and declare an official moratorium on executions with a view to abolishing the death penalty’
(Australia to Kenya);
– declare a moratorium with the aim of abolishing the death penalty for minors (14 CTAs). Eg, ‘Establish a moratorium on executions with a view to abolishing death penalty entirely, especially with regard to juvenile offenders’ (Slovakia to the UAE);
– declare a moratorium on the death penalty for minors/halt executions of minors (13 CTAs).
Eg, ‘Immediately declare an official moratorium on executions, particularly for minors at the time of the crime’ (Belgium to Iran);
– limit the crimes punishable by the death penalty for minors (2 CTAs). Eg, ‘Strengthen the moratorium on the death penalty against young people, established in October 2008 limit the crimes punishable by the death penalty to commute death sentences to imprisonment…’
(Spain to Iran);
– commute sentences of the death penalty of minors (9 CTAs). Eg, ‘Ban executions of juvenile offenders, while at the same time providing for alternative punishments in line with the new Iranian Penal Code’ (Italy to Iran); and – prohibit public executions of minors (2 CTAS). Eg,
‘Take immediate measures to abolish the death penalty for crimes committed by persons when they were under the age of 18, and place a moratorium on public executions’ (Norway to Iran).
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Prohibition of life imprisonment
Article 37(a) UN CRC • Prohibit life imprisonment sentences for persons under the end of 18/ensure that the sentence of life imprisonment is not imposed for offences committed under 18 years old (16 CTAs). Eg, ‘Abolish the sentencing of children to life in prison’ (Lithuania to Australia).
• 1 CTA specifies the age under which life imprisonment should not be imposed. Eg, ‘Prohibit sentences of corporal punishment for children and life imprisonment of children under the age of 14, under all systems of justice and without exception, to ensure full compliance with international standards’ (Germany to Dominica).
• Renounce to life imprisonment without parole for/
introduce a possibility of remission (6 CTAs). Eg,
‘Renounce to life in prison without parole sentences for minors at the moment of the actions for which they were charged and introduce for those who have already been sentenced in these circumstances the possibility of a remission’ (Belgium to the US).
Call to action Number
of CTAs
Prohibition
• Prohibit the use of corporal punishment in the context of juvenile justice (overall) (2 CTAs). Eg,
‘Outlaw corporal punishment in the context of juvenile justice…’ (Germany to Saint Kitts and Nevis).
• Prohibit sentences to torture/corporal punishment for children under the age of 18 (17 CTAs). Eg, ‘Ban corporal punishment sentences and life sentences, in particular for children’ (Costa Rica to Brunei Darussalam).
Deprivation
• States insist on alternatives to pre-trial detention (7 CTAs) by calling to:
– promote the use of alternatives to pre-trial detention. Eg, ‘Introduce alternative measures to pre-trial detention for minors wherever possible’ (UK to Sweden).
• They encourage the use of alternatives to detention through general recommendation:
– develop/promote/prioritise alternative measures to detention (19 CTAs). Eg, ‘Extend the juvenile justice system to the whole country and create alternative forms of deprivation of liberty for children in conflict with the law’ (Mexico to Mali); and
– through specific recommendations (3 CTAs).
Eg, ‘Consider the request put forward by the Federal Council for Children, Adolescent and the Family to adjust the provincial procedural legislation for the establishment of non-custodial measures’ (Chile to Argentina).
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• Take all necessary measures so that deprivation of liberty is used only as a measure of last resort (13 CTAs). Eg, ‘…ensure that imprisonment is used only as a last resort when sentencing all juvenile offenders…’
(Austria to Croatia).
• Ensure that deprivation of liberty is for the shortest time possible (3 CTAs). Eg, ‘Put in practice a broad system of alternative measures to deprivation of liberty of minors so that it is used only as a last resort, for the shortest time possible and in the appropriate conditions’ (Uruguay to Jordan).
• Ensure that pre-trial detention is a measure of last resort and for the shortest time possible (15 CTAs).
Eg, ‘Revise its system of detention to reduce the use of police custody for children, and ensure that police custody of children is a measure of last resort and for the shortest period of time possible’ (Canada to Norway).
• More specifically. Eg, ‘Introduce a limit for the time a child can be held in detention, pre-trial’ (Israel to Sweden).
• Other recommendations go further in calling states not to deprive children of their liberty (13 CTAs, including 3 CTAs regarding pre-trial detention). Eg, ‘Ensure that no children are held in detention’ (Brazil to Austria).
Prohibition of arbitrary detention
Article 37(b) UN CRC • Ensure that children are not arbitrarily detained (5 CTAs). Eg, ‘Continue carrying out the principles contained in CAT, with a specific focus on the elimination of arbitrary detention, especially of minors, and of violence occurring at the hands of law enforcement personnel’
(Holy See to Laos).
Main theme Topics/
principles
International provision
Call to action Number
of CTAs
Respect of
• Respect the rights of children in detention (10 CTAs).
Eg, ‘Ensure the protection of the rights of children, including juveniles who are incarcerated in overcrowded prisons’ (Botswana to Austria).
• Align the standards of detention of juveniles with international standards (3 CTAs). Eg, ‘Ensuring that its system of juvenile detention is in line with its human rights obligations’ (Germany to Uruguay).
• Ensure that child detainees have access to legal assistance/legal aid (3 CTAs). Eg, ‘Guarantee the rights of prisoners, provide access to legal aid from the moment of arrest and create programmes of rehabilitation, including
• Ensure that child detainees have access to legal assistance/legal aid (3 CTAs). Eg, ‘Guarantee the rights of prisoners, provide access to legal aid from the moment of arrest and create programmes of rehabilitation, including