CRC/C/15/Add.213
page 16
(f)
The existence of subordinate norms and departmental regulations and instructions
that allow the restriction of freedom of children without fully complying with the provisions of
the criminal, criminal-procedural and criminal-executive legislation.
67.
The Committee recommends that the State party:
(a)
Ensure the full implementation of juvenile justice standards and in
particular articles 37, 39 and 40 of the Convention, as well as the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the
United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh
Guidelines), inter alia by providing full support to the pilot projects aiming at such full
implementation;
(b)
Use detention, including pre-trial detention, only as a measures of last resort,
for as short a time as possible;
(c)
In light of article 39, take appropriate measures to promote the
rehabilitation and social reintegration of the children involved in the juvenile justice
system, including adequate education and certification to facilitate their reintegration;
(d)
Ensure that existing norms and regulations allowing the restriction of
freedom of children conform to the laws of Kazakhstan and international standards;
(e)
CITARJ should be transformed into centres for assistance and placement of
lost, abandoned and homeless children, but only as a temporary measure and for the
shortest time possible;
(f)
Seek assistance from, among others, OHCHR and UNICEF through the
Coordination Panel on Technical Advice and Assistance on Juvenile Justice.
Criminal Code
68.
The Committee is concerned at the general lack of comprehensive information on the
Criminal Code and the Criminal Procedure Code. The Committee notes, inter alia, that
disorderly conduct has been defined as a serious crime constituting a danger to society, leading
to the criminalization of behavioural problems.
69.
The Committee recommends that the State party review its classification of serious
crimes in order to reduce criminal law prosecution of 14 to 16-year-old children and
abolish provisions that criminalize the behavioural problems of children (so-called status
offences).
Economic exploitation
70.
The Committee welcomes the new Labour Act which entered into force in 2000 and
contains specific guarantees and provides for measures to protect children, and the recent
ratification of ILO Convention No. 182. The Committee further notes the State party’s