A/HRC/RES/19/37
56.
Further urges States to ensure that, from the very first contact with the justice
system, special measures are in place so that the child understands the nature of
proceedings and what is at stake for the child, and that the child is informed of his or her
rights in a comprehensible manner, according to his or her age and level of maturity;
57.
Urges States to ensure that the child is assisted during all judicial proceedings
by a competent adult, parent or guardian, in addition to the child’s lawyer, and to ensure
that the child’s right to be heard in proceedings is observed;
58.
Calls upon States to respect the privacy of the child throughout criminal
proceedings, and to ensure that any identification of the child is only made in exceptional
and duly justified circumstances;
59.
Also calls upon States to enact or review legislation to ensure that any
conduct not considered a criminal offence or not penalized if committed by an adult is not
considered a criminal offence and not penalized if committed by a child, in order to prevent
the child’s stigmatization, victimization and criminalization;
60.
Urges States to take all necessary and effective measures, including legal
reform where appropriate, to prevent and respond to all forms of violence against children
within the justice system;
61.
Encourages States to collect relevant information concerning children within
their criminal justice systems so as to improve their administration of justice, while being
mindful of the children’s right to privacy, with full respect for relevant international human
rights instruments, and bearing in mind applicable international standards on human rights
in the administration of justice;
62.
Calls upon States to consider establishing independent national or
subnational mechanisms to contribute to the monitoring and safeguarding of the rights of
the child, including children within their criminal justice systems, and to address children’s
concerns;
63.
Encourages States to foster close cooperation between the justice sectors,
different services in charge of law enforcement, social welfare and education sectors in
order to promote the use and improved application of alternative measures in juvenile
justice;
64.
Stresses the importance of including rehabilitation and reintegration strategies
for former child offenders in juvenile justice policies, in particular through education
programmes, with a view to their assuming a constructive role in society;
65.
Encourages States not to set the minimum age of criminal responsibility at
too low an age level, bearing in mind the emotional, mental and intellectual maturity of the
child, and, in this respect, refers to the recommendation of the Committee of the Rights of
the Child to increase their lower minimum age of criminal responsibility to the age of 12
years as the absolute minimum age, and, where applicable, to continue to increase it to a
higher age level;
66.
Calls upon relevant special procedures of the Human Rights Council to pay
special attention to questions relating to the effective protection of human rights in the
administration of justice, including juvenile justice, and to provide, wherever appropriate,
specific recommendations in this regard;
67.
Invites States, upon their request, to benefit from technical advice and
assistance in juvenile justice provided by the relevant United Nations agencies and
programmes, in particular the Interagency Panel on Juvenile Justice, in order to strengthen
national capacities and infrastructures in the field of the administration of justice, in
12