CRC/C/MEX/CO/3
page 18
undertake regularly comparative studies on the nature and extent of the problem. The
State party is also encouraged to strengthen technical assistance with, among others,
UNICEF.
Administration of juvenile justice
70.
The Committee takes note with appreciation of the 2005 amendment of article 18 of the
Constitution, which establishes a unified juvenile justice system. It welcomes in particular the
development of alternatives to detention, most notably regarding rules of procedure and the
specialization of courts. However, the Committee is concerned about the implementation of
these dispositions, as they require enactment laws in each state to be drafted and implemented, as
well as additional financial and human resources. The Committee is further concerned at the
very poor living conditions of juveniles detained in police stations and other institutions.
71.
In the light of the Committee’s day of general discussion on the administration of
juvenile justice, the Committee urges the State party to ensure that juvenile justice
standards are fully implemented, notably 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) and the United Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines). In particular the Committee recommends that the
State party:
(a)
Take all necessary measures to ensure that the States implement as a matter
of priority the revised article 18 of the Constitution;
(b)
Ensure that due process is guaranteed, including the hearing by a judge,
before deprivation of liberty is carried out;
(c)
Given the provision of article 18 of the Constitution, which establishes
14 years as the minimum age for deprivation of liberty, consider raising the minimum age
of criminal responsibility to that same age;
(d)
Ensure that persons under the age of 18 are not charged as adults;
(e)
Develop and implement alternatives to pretrial and other forms of detention
in order to ensure that deprivation of liberty is really a measure of last resort for the
shortest time possible;
(f)
Develop and implement adequate socio-educational programmes and
appropriate arrangements for juvenile offenders, including mediation and community
service;
(g)
Conduct a thorough study of the conditions of deprivation of liberty and take
the necessary measures to significantly improve the living conditions of juveniles deprived
of their liberty;
(h)
Continue and strengthen the training on the Convention and other relevant
standards for those responsible for administering juvenile justice;