CRC/C/ECU/CO/4
(b)
The special norms on juvenile justice have not been analysed and
harmonized, are not of the appropriate standard and do not have corresponding mechanisms
and regulations;
(c)
An appropriate system for juvenile justice is still not in place, there is a lack
of juvenile judges and there are reports that children are held together with adults in police
cells and pretrial detention centres;
(d)
There is a lack of statistics on children entering custody and the duration of
their stay; and
(e)
There is insufficient information provided on the treatment of children below
the age of 12 (the present minimum age of criminal responsibility) in conflict with the law
or at the existence of any system for resolution of conflicts with the law outside of the
judicial system, as per article 40 of the Convention.
79.
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 urges the State party to take into account the Committee’s general
comment No. 10 (2007) on children’s rights in juvenile justice. It also recommends
that the State party:
(a)
Ensure that the new Code on Criminal Guarantees is harmonized with
the 10-year National Plan of Action for the Comprehensive Protection of Children and
Adolescents 2004-2014, enshrined in the Constitution, and establishes a specialized
system for juvenile justice integrated with the Decentralized National System for the
Comprehensive Protection of Children and Adolescents;
(b)
Ensure that the specialized juvenile justice system is separated from the
adult penal system in terms of norms on procedures, sanctions and execution of
sentences and ensure that children are always separated from adults in all detention
facilities, including in police station cells;
(c)
Consider raising the present minimum age of criminal responsibility;
(d)
Develop non-judicial alternatives to the deprivation of liberty, such as
probation, community service or suspended sentences, wherever possible;
(e)
Provide sufficient specialized courts in all the regions, with trained
specialized judges and staff, including prosecutors, lawyers, law enforcement officials
and social workers;
(f)
Take preventive measures in order to help eliminate the social conditions
leading children to enter into contact with the criminal justice system;
(g)
Ensure that all children who have not attained the age of criminal
responsibility but are in conflict with the law are treated by civil or administrative
authorities, in line with the Convention and international standards; in particular,
ensure that they have access to socio-educational measures that are alternatives to any
form of deprivation of liberty and/or institutionalization; and
(h)
Seek technical assistance in the area of juvenile justice from the United
Nations Interagency Panel on Juvenile Justice, which includes the United Nations
Office on Drugs and Crime, UNICEF, OHCHR and NGOs.
17