CRC/C/ARG/CO/3-4 Administration of juvenile justice 77. While noting that a reform process has been undertaken with regard to juvenile justice at the national and provincial levels, the Committee is seriously concerned at the continued application of Act No. 22278 of 1980, in particular with regard to the possibility to detain children. It is furthermore concerned that the right of the child to be heard and to be assisted by an independent legal professional in criminal proceedings is not always respected. 78. The Committee is further concerned that one third of the places of deprivation of liberty for children are not specialized and that children are at times detained with adults. It further expresses concern at the insufficient implementation of alternatives to deprivation of liberty at the provincial level. 79. The Committee is also concerned at the fact that the majority of juvenile offenders are deprived of their liberty pending trial. It is further concerned that some juvenile offenders are held in detention for longer than one year. The Committee is also concerned at the frequent use of disciplinary measures in detention, including isolation (engome), as well as the absence of sufficient educational, recreational and learning activities and insufficient access to fresh air. The Committee is particularly concerned at the number of reported suicides in detention, as well as patterns of self-inflicted injuries. 80. The Committee urges the State party to ensure that juvenile justice standards are fully implemented, in particular articles 37 (b), 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). In particular the Committee recommends that the State party, while taking into account the Committee’s general comment No. 10 (2007) on children’s rights in juvenile justice: (a) Abrogate Act No. 22278 on juvenile justice and adopt a new law consistent with the Convention and international standards on juvenile justice; (b) Ensure that children in conflict with the law have access to free and independent legal aid as well as to an independent and effective complaints mechanism; (c) Ensure that the right of the child to be heard in criminal proceedings is always respected; (d) Take all necessary measures, including strengthening the policy of alternative sanctions and reintegration measures for juvenile offenders, to ensure that children are held in detention only as a last resort and for as short a time as possible; (e) Take all necessary measures to ensure that when detention is carried out, it is done in compliance with the law and respects the rights of the child as set out under the Convention, and that children are held separately from adults in both pretrial detention and after being sentenced; (f) Take all necessary measures to ensure that conditions in detention facilities are not contrary to the child’s development and meet international minimum standards, and that cases involving juveniles are brought to trial as quickly as possible; (g) Ensure that children deprived of their liberty have access to education, including vocational training, recreational and learning activities; (h) Investigate promptly, thoroughly and independently all cases of suicide and attempted suicides; 18

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