CRC/C/KIR/CO/1
page 13
Committee is concerned that there is no systematic, comprehensive strategy to provide these
children with adequate assistance.
63.
The Committee recommends that the State party:
(a)
Undertake a study on the causes and scope of the situation of street
children in Kiribati and develop a strategy with the aim of preventing and reducing this
occurrence and protecting children;
(b)
Ensure that street children are provided with adequate nutrition,
clothing, housing, health care and educational opportunities, including vocational and
life-skills training, to support their full development; and
(c)
Ensure that these children are provided with rehabilitative and
reintegration services, including psychosocial assistance for physical, sexual and
substance abuse, as well as, where possible and when in the best interests of the child,
services for reconciliation with their families.
Administration of juvenile justice
64. The Committee is concerned that there is no specific legislation on juvenile justice. It is
also concerned at the serious practical shortcomings of the juvenile justice system and the
inconsistencies that exist between various domestic laws and regulations. The Committee is
further concerned that persons between 16 and 18 years of age are detained with adults. The
lack of adequate alternatives for pre-trial and other forms of detention and of guarantees for
due process, and the poor living conditions faced by children detained in police stations or
prisons are also issues of concern.
65. The Committee urges the State party to ensure the full implementation of juvenile
justice standards, in particular articles 37, 40 and 39 of the Convention and other
relevant international standards in this area, such 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), taking into account the recommendations adopted by
the Committee on its day of general discussion on juvenile justice held on 13 November
1995 (CRC/C/46, paras. 203-238). In particular, the Committee recommends that the
State party:
(a)
Developing specific and appropriate legislation on juvenile justice;
(b)
Ensure that due process is guaranteed, including the hearing by a judge
before deprivation of liberty is carried out;
(c)
Develop and implement alternatives to pre-trial 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, and when detained, ensure that persons under 18 are not
detained with adults;