9. Juvenile justice

 

 

 

 

 

 

 

55  In the last 20 years, the Convention [62] has enabled the improvement of juvenile justice, in particular in Latin America and in Africa, thanks to the adoption of laws and jurisdictions specially tailored to children. On the other hand, certain countries, as the CIS States, where the system is faulty, have to act in accordance with theses recommendations [63].

 

 

More than one million children in the world are nowadays detained in prisons. In Southern and CIS countries, a great majority of them, incarcerated for small offences or first infractions, is waiting for their trial [64] while being deprived of freedom for months or even years.

Often, they have no lawyers to defend them, no assistance or psychological support.

Many undergo physical abuse. There are only few sectors reserved to minors with a separation between girls and boys.

Several minors, after having served their prison term, suffer from prejudice, which limit their chances to reintegrate fully into society. They must be helped in this endeavour.

 

 

We notice an evolution in juvenile delinquency: offenders are getting younger, worsening of violence, gangs phenomena ("maras" in Latin and Central America), and the emergence of new offences.

For twenty years, many States have been hardening their criminal policies against children to respond to a need for security expressed more and more vigorously by the public opinion and passed on by the media: [...] changes to the age of criminal responsibility [65], more severe verdicts, development of immediate appearances, progressive connection with the adult justice system starting at the age of 16 or 17, reappearance of closed centres for juvenile "delinquents".

 

Today we need to clearly remind that juvenile justice should aim firstly at education and reintegration.

Restorative justice has to be extended to juvenile offenders. Alternative methods of detention have been developed; policies of active reintegration have been achieved, as in Catalonia, with rates of second offences extremely low. For many years, in Ecuador, the government has been offering adolescents in conflict with the law, socio-educational support through professional teams of educators, in centres entrusted to the Tertiary Capuchins. This policy has been successful; it should be generalized in partnership with other actors. These good practices should be better known and widely resumed.

Criminal justice should increase its efforts to deal with minors victims of ill-treatment and abuse with tact and professionalism. Wherever this is possible, new technologies could be used to collect testimonies in a non-traumatic way.

 

The consequences of parents' detention on their children have become a subject of concern. It is a difficult matter on which too few studies are available [66].

Neither the separation of infants and children from one of their parents, in particular the mother, nor their placement in prison, generally responds to the bests interests of the child. Since the person in charge of raising the children is involved, we should privilege alternative measures rather than deprivation of freedom.

 

 

During divorce procedures, the matter of right of custody must not only be considered from the parents' point of view, but also from the child's one. Thus, the systematic use of alternating custody is not obvious; it can turn out to be very disturbing for certain children particularly for the youngest ones. This is a domain, where the norm claiming that the child shall be provided with the opportunity "to be heard in any judicial and administrative proceedings affecting him/her" (Art. 12 §2 of the Convention), requires to be more seriously respected whenever is possible.

In the field of adoption, the Hague Convention [67] has involuntarily led to make adoption too restrictive. Moreover, the policies of many "children's smugglers" countries make adoption too expensive; sometimes, we wonder if it is not a hidden trade.

 

 

 

[62] Especially, Articles 37 and 40 of the Convention.

[63] There is no juvenile justice in CIS countries with the exception of Kazakhstan, 2008 decree.

[64] Martin, F. et Parry-Williams, J. The Right Not to Lose Hope: Children in conflict with the law - a policy analysis and examples of good practice, Save the Children, 2005.

[65] "A minimum age of criminal responsibility below the age of 12 years is considered by the Committee not to be internationally acceptable... A higher minimum age of criminal responsibility, for instance 14 or 16 years of age, contributes to a juvenile justice system which, in accordance with article 40 (3) (b) of CRC, deals with children in conflict with the law without resorting to judicial proceedings, providing that the child's human rights and legal safeguards are fully respected." General Comment No 10 CRC/C/GC10/, 2007.

[66] See, however Bice and Quakers written statement submitted in 2008 to the 7^th session of the UN Human Rights Council, A/HRC/7/NGO31. See also the book "Infants in Prison", Gianni Biondi, Delfi Editore, 1995.

[67] Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption, 29 May 1993 entered into force on 1May 1995:

http//www.hcch.net/index_fr.php?act=conventions.text&cid=69.