A/HRC/RES/19/37
carried out independently and in the best interests of the child, and to hold perpetrators to
account;
48.
Calls upon all States and other parties to armed conflict to respect fully
international humanitarian law and, in this regard, calls upon States parties to respect fully
the provisions of the Geneva Conventions of 12 August 1949, and the Additional Protocols
thereto of 8 June 1977;
VI.
Children and the administration of justice
49.
Reaffirms all resolutions of the General Assembly and the Human Rights
Council on juvenile justice, in particular Assembly resolution 65/213 of 21 December 2010
and Council resolution 18/12 of 29 September 2011;
50.
Encourages States to develop and implement a comprehensive juvenile
justice policy to protect and address the needs of children in contact with the law with a
view to promoting, inter alia, crime prevention programmes, the use of alternative
measures, such as diversion and restorative justice, and ensuring compliance with the
principle that deprivation of liberty of children should only be used as a measure of last
resort and for the shortest appropriate period of time, as well as to avoid, wherever possible,
the use of pretrial detention for children;
51.
Calls upon States to abolish by law and in practice, as soon as possible, the
death penalty and life imprisonment without possibility of release for those under 18 years
of age at the time of the commission of the offence;
52.
Also calls upon States to commute immediately such sentences and to ensure
that any child previously sentenced to the death penalty or life imprisonment without
possibility of release is removed from special prison facilities, especially from death row,
and transferred to regular institutions of detention appropriate for the age of the offender
and the offence committed;
53.
Calls upon all States to protect children deprived of their liberty from torture
and other cruel, inhuman or degrading treatment or punishment, and to ensure that, if they
are arrested, detained or imprisoned, children are provided with adequate legal assistance
and that they have the right to maintain contact with their family through correspondence
and visits from the moment they are arrested, save in exceptional circumstances, and that
no child is sentenced or subject to forced labour or corporal punishment, or deprived of
access to and provision of health care and services, hygiene and environmental sanitation,
education, basic instruction and vocational training, and to undertake prompt investigations
of all reported acts of violence and ensure that perpetrators are held accountable;
54.
Urges States to take special measures to protect children in contact with the
law, including by means of the provision of adequate legal assistance, training in juvenile
justice for judges, police officers, prosecutors and specialized lawyers, in addition to other
representatives who provide other appropriate assistance, such as social workers; the
establishment of specialized courts, as appropriate; the promotion of universal birth
registration and age documentation; and the protection of the right of juvenile offenders to
maintain contact with their families through correspondence and visits, save in exceptional
circumstances;
55.
Also urges States to presume children alleged as, accused of or recognized as
having infringed the criminal law to be under the age of majority when their age is in doubt
until such an assumption is rebutted by the prosecution, and to treat the accused as a
juvenile if the burden is not met;
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