CRC/C/BOL/CO/4
page 20
(d)
Ratify the 1980 Hague Convention on the Civil Aspects of International
Child Abduction.
Administration of juvenile justice
81.
The Committee welcomes the fact that present legislation sets the minimum age of
criminal responsibility at 16 years, but is concerned at the fact that deprivation of liberty is not
used as a measure of last resort and at the wide use of preventive detention for children between
16 and 18 years. While welcoming the establishment of the National Committee on Juvenile
Justice, the Committee is concerned at the lack of an effective implementation of socioeducational measures directed towards children in conflict with the law, and that children above
16 years serve sentences in adult prisons in precarious conditions.
82.
The Committee urges the State party to ensure that juvenile justice standards are
fully implemented, in particular articles 37 (b), 39 and 40 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 urges the State
party to take into account the Committee’s general comment No. 10 (2007) on the
administration of juvenile justice. It also recommends that:
(a)
The State party ensure that both the positive legal system and the traditional
indigenous system respect the Convention, and introduce a clear separation
of competencies between the two systems;
(b)
The State party take preventive measures, such as supporting the role of
families and communities in order to help eliminate the social conditions
leading children to enter into contact with the criminal justice system/ the
traditional indigenous system, and take all possible measures to avoid
stigmatization;
(c)
Children in conflict with the law are always dealt with within the juvenile
justice system and never tried as adults in ordinary courts;
(d)
The institution of specialized judges for children is introduced in all the
regions and that such specialized judges receive appropriate education and
training;
(e)
Detention is applied as a measure of last resort and for the shortest possible
period of time and is reviewed on a regular basis with a view of withdrawing
it;
(f)
Alternatives to the deprivation of liberty be developed in both the positive
legal system and the traditional indigenous system, such as probation,
mediation, community services orders, or suspended sentences, wherever
possible;