A/RES/58/157
Children alleged to have infringed or recognized as having infringed penal law
41.
Calls upon:
(a) All States, in particular States in which the death penalty has not been
abolished, to comply with their obligations as assumed under relevant provisions of
international human rights instruments, including, in particular, articles 37 and 40 of
the Convention on the Rights of the Child2 and articles 6 and 14 of the International
Covenant on Civil and Political Rights, 13 keeping in mind the safeguards
guaranteeing protection of the rights of those facing the death penalty and
guarantees set out in Economic and Social Council resolutions 1984/50 of 25 May
1984 and 1989/64 of 24 May 1989, and calls upon those States to abolish by law, as
soon as possible, the death penalty for those below the age of 18 years at the time of
the commission of the offence;
(b) All States to protect children deprived of their liberty from torture and
other cruel, inhuman or degrading treatment or punishment;
(c) All States to take appropriate steps to ensure compliance with the
principle that depriving children of their liberty should be used only as a measure of
last resort and for the shortest appropriate period of time, in particular before trial,
and to ensure that, if they are arrested, detained or imprisoned, children are provided
with adequate legal assistance and are separated from adults, to the greatest extent
feasible, unless it is considered in their best interest not to do so, and also to take
appropriate steps to ensure that no child in detention is sentenced to forced labour or
corporal punishment or deprived of access to and provision of health-care services,
hygiene and environmental sanitation, education, basic instruction and vocational
training, taking into consideration the special needs of children with disabilities in
detention, in accordance with their obligations under the Convention;
Recovery and social reintegration
42. Encourages States to cooperate, including through bilateral and
multilateral technical cooperation and financial assistance, in the implementation of
their obligations under the Convention, including in the prevention of any activity
contrary to the rights of the child and in the rehabilitation and social integration of
the victims, such assistance and cooperation to be undertaken in consultation among
concerned States and relevant international organizations as well as other relevant
actors;
Prevention and eradication of the sale of children, child prostitution and
child pornography
43.
Calls upon all States:
(a) To take all appropriate national, bilateral and multilateral measures,
inter alia, to develop national laws and allocate resources for the development of
long-term policies, programmes and practices and to collect comprehensive data,
disaggregated by age, gender and other relevant factors, to facilitate the
participation of child victims of sexual exploitation in the development of strategies,
taking into account their age and maturity, and to ensure the effective
implementation of relevant international instruments concerning the prevention and
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13
10
See resolution 2200 A (XXI), annex.