Statement to the 57th Human Rights Commission
On 10 April 2001, Else Weijsenfeld presented the following statement by DCI in consultation with the International Network on Juvenile Justice during the Commission's Session on The Rights Of The Child.
On April 19, 2000, the Commission on Human Rights issued its resolutions as to agenda item 13 - "the Rights of the Child". In section 31, the resolution calls upon the States to avoid
penal sanctions involving children whenever possible, to take steps to ensure that depriving a child of its liberty is a measure of last resort and that children are separated from adult offenders if
necessary to detain them.
In spite of the Commission's clear and decisive call, the partners of the International Network on Juvenile Justice and DCI wish to report that, the situation of children deprived of their liberty
has deteriorated significantly in many UN Member States. We ask you to make that call again.
The 100th anniversary of that noble experiment in 1899, which created the first Juvenile Court was celebrated or mourned, depending how one looks at the outcomes. The pioneering work of the founders of the first children’s court can be seen as creating a wall to protect children from the retributive policies of the adult system. A child was acknowledged different and needing rehabilitation to assume a constructive role in society.
Since 1899, specialized courts and juvenile justice programs for children have been established in many countries. The UN has played its part with addressing these issues at the first UN Congress on
the Prevention and Treatment of Crime, in Geneva in 1955, and adopting important rules and guidelines adopted in 1985 and 1990.[1] All of these policies made the “wall” around Children’s Rights and accountability measures stronger and higher in many countries.
During the 90s there has been on the one hand, little progress in several Member States in to bring their juvenile justice system into line with the international standards. On the other hand, in
Member States where systems had been improved in the past, we have seen an increase of attitudes of "nothing works", "get tough on crime" and the “one / two / or three
‘strikes’ and you’re out” sentencing policies, which improperly curtail judicial discretion often with racially discriminatory effects.
In many UN Member States, the line between the child and the adult is disappearing. Young offenders are treated as adults, without regard to their rights under the Convention on the Rights of the
Child. Today we know that ratification of a treaty does not mean commitment to its implementation.
The most recent research on "get tough" measures clearly demonstrates these practices have a negative impact on children, making them more -not less - prone to criminal activity.[2] Other research confirms the importance of prevention to the reduction of youth violence.[3]
Adequate prevention programs are fundamental to an effective juvenile justice strategy, and are more cost effective than enforcement and criminal justice on their own.
DCI and the Partners of the International Network on Juvenile Justice propose a worldwide campaign on Child Rights, promoting prevention and focusing on the abuses of children and adolescents in adult
jails and juvenile detention centers. Failure to comply with provisions of the CRC for children in conflict with the law must be exposed.[4]
Therefore, DCI and the INJJ request the Commission to:
- Call upon the UN Member States to stop giving lip service to the international standards and support a worldwide campaign on children's rights in Juvenile Justice;
- Expose the growing abuses of children in prisons and detention centers;
- Condemn domestic laws obliging courts to impose detention or to impose other punitive sanctions on children as if they were adults; and
- Oppose the use of life imprisonment and of the death penalty for offenders under the age of 18 years.
Focusing upon these abuses and infringements of human rights standards while drawing attention to the prevention strategies that work, will demonstrate the urgent need for a serious reform and will
help to mobilize public opinion and the financial resources necessary to carry it out.
The Commission has been a pioneer in advancing justice for all. We urge a hard-line and strongly worded approach. Notwithstanding the efforts of the Commission, there is a clear and desperate need to
address children's rights - especially for children in conflict with the law.
Footnotes
[1]First, a declaration on the Rights of the Child was adopted by the League of Nations in 1924, after which the UN Beijing Rules followed
in 1985, the Convention in 1989 and the Riyadh Guidelines and the UN Rules for the Protection of Juveniles Deprived of their Liberty in 1990. In fact, the UN addressed these issues at the first UN
Congress on the Prevention and Treatment of Crime, which was held in Geneva in 1955.
[2] Scott, Risso, The Symposium on The Future of the Juvenile Court, N.W. University School of Law, Vol. 88/ Fall 1997
[3]The report of the US Surgeon General (2001): Youth Violence, www.surgeongeneral.gov
[4]Like the UN Commission on Crime Prevention and Criminal Justice stated in the Vienna Declaration in April 2000, there are many more
effective alternatives that are ignored: ¨We recognize that comprehensive crime prevention strategies at the international, national, regional and local levels must address the root causes and risk
factors related to crime and victimization through social, economic, health, educational and justice policies. We urge the development of such strategies, aware of the proven success of prevention
initiatives in numerous States and confident that crime can be reduced through applying and sharing our collective expertise.¨.
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