CRC/C/GC/13
recognized that this is a result of severe psychological distress and may be a result of
violence by others. Self-harm should not be criminalized. Interventions must be supportive
and not in any way punitive.
53.
Follow-up. The following must always be clear: (a) who has responsibility for the
child and family from reporting and referral all the way through to follow-up; (b) the aims
of any course of action taken – which must be fully discussed with the child and other
relevant stakeholders; (c) the details, deadlines for implementation and proposed duration
of any interventions; and (d) mechanisms and dates for the review, monitoring and
evaluation of actions. Continuity between stages of intervention is essential and this may
best be achieved through a case management process. Effective help requires that actions,
once decided through a participatory process, must not be subject to undue delay. The
follow-up must be understood in the context of article 39 (recovery and reintegration),
article 25 (periodic review of treatment and placements), article 6, paragraph 2 (right to
development) and article 29 (aims of education which present intentions and aspirations for
development). Contact of the child with both parents should be ensured in accordance with
article 9, paragraph 3, unless this is contrary to the best interests of the child.
54.
Judicial involvement. 23 At all times and in all cases, due process must be respected.
In particular, the protection and the further development of the child and his or her best
interests (and the best interests of other children where there is a risk of a perpetrator
reoffending) must form the primary purpose of decision-making, with regard given to the
least intrusive intervention as warranted by the circumstances. Furthermore, the Committee
recommends the respect of the following guarantees:
(a)
Children and their parents should be promptly and adequately informed by
the justice system or other competent authorities (such as the police, immigration, or
educational, social or health-care services);
(b)
Child victims of violence should be treated in a child-friendly and sensitive
manner throughout the justice process, taking into account their personal situation, needs,
age, gender, disability and level of maturity and fully respecting their physical, mental and
moral integrity;
(c)
Judicial involvement should be preventive where possible, proactively
encouraging positive behaviour as well as prohibiting negative behaviour. Judicial
involvement should be an element of a coordinated and integrated approach across sectors,
supporting and facilitating other professionals to work with children, caregivers, families
and communities, and facilitating access to the full range of child caregiving and protection
services available;
(d)
In all proceedings involving children victims of violence, the celerity
principle must be applied, while respecting the rule of law.
55.
Judicial involvement may consist of the following:
(a)
Differentiated and mediated responses such as family group conferencing,
alternative dispute-resolution mechanisms, restorative justice and kith and kin agreements
(where processes are human-rights respecting, accountable and managed by trained
facilitators);
(b)
protection;
23
Juvenile or family court intervention leading to a specific measure of child
See also: Guidelines of the Committee of Ministers of the Council of Europe on child friendly justice,
adopted on 17 November 2010; Guidelines on Justice in Matters involving Child Victims and
Witnesses of Crime; and General Assembly resolution 65/213.
21
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