CRC/C/GC/11
page 17
Juvenile justice
74. Articles 37 and 40 of the Convention ensure the rights of children within, and in interaction
with, State judicial systems. The Committee notes with concern that incarceration of indigenous
children is often disproportionately high and in some instances may be attributed to systemic
discrimination from within the justice system and/or society.32 To address these high rates of
incarceration, the Committee draws the attention of States parties to article 40 (3) of the
Convention requiring States to undertake measures to deal with children alleged as, accused of,
or recognized as having infringed the penal law without resorting to judicial proceedings,
whenever appropriate. The Committee, in its general comment No. 10 on children’s rights in
juvenile justice (2007) and in its concluding observations, has consistently affirmed that the
arrest, detention or imprisonment of a child may be used only as a measure of last resort.33
75. States parties are encouraged to take all appropriate measures to support indigenous
peoples to design and implement traditional restorative justice systems as long as those
programmes are in accordance with the rights set out in the Convention, notably with the best
interests of the child.34 The Committee draws the attention of States parties to the United Nations
Guidelines for the Prevention of Juvenile Delinquency, which encourage the development of
community programmes for the prevention of juvenile delinquency.35 States parties should seek
to support, in consultation with indigenous peoples, the development of community-based
policies, programmes and services which consider the needs and culture of indigenous children,
their families and communities. States should provide adequate resources to juvenile justice
systems, including those developed and implemented by indigenous peoples.
76. States parties are reminded that pursuant to article 12 of the Convention, all children
should have an opportunity to be heard in any judicial or criminal proceedings affecting them,
either directly or through a representative. In the case of indigenous children, States parties
should adopt measures to ensure that an interpreter is provided free of charge if required and that
the child is guaranteed legal assistance, in a culturally sensitive manner.
77. Professionals involved in law enforcement and the judiciary should receive appropriate
training on the content and meaning of the provisions of the Convention and its Optional
Protocols, including the need to adopt special protection measures for indigenous children and
other specific groups.36
32
CRC, general comment No. 1 on Children’s Rights in Juvenile Justice, 2007, para. 6.
33
Ibid. para. 23.
34
Recommendations of Day of General Discussion on the Rights of Indigenous Children, 2003,
para. 13.
35
United Nations Guidelines for the Prevention of Juvenile Delinquency, “the Riyadh
Guidelines”, 1990.
36
CRC, general comment No. 1 on Children’s Rights in Juvenile Justice, 2007, para. 97.