CRC/C/VNM/CO/3-4
(e)
Consider ratifying the United Nations Convention against Transnational
Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children.
Administration of juvenile justice
73.
In spite of progress in certain areas of juvenile justice, the Committee regrets that its
previous recommendation (CRC/C/15/Add.200, para. 54) has not been fully addressed by
the State party, and in particular expresses its concern about:
(a)
The lack of a comprehensive juvenile justice system, including the absence of
a juvenile court, and that the current measures cover children under the age of 16 only;
(b)
The rising number of young offenders and the State party’s punitive system
of dealing with young offenders;
(c)
The limited alternatives to child detention, and the absence of rehabilitation
and reintegration programmes.
74.
The Committee recommends that the State party bring its juvenile justice
system fully into line with the Convention, in particular articles 37, 39 and 40, and
with other relevant standards, including 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), the
Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the
Guidelines for Action on Children in the Criminal Justice System, and the
Committee’s general comment No. 10 (2007) on the rights of the child in juvenile
justice. In particular, the Committee urges the State party:
(a)
To expedite the revision of the Penal Code, the Criminal Procedure Law
and the Ordinance on administrative violations, with a view to ensuring their full
compliance with the Convention’s principles and provisions by, inter alia, including
all children under the age of 18 in the juvenile justice system;
(b)
To establish a specialized juvenile court and specialized police-protection
units for children;
(c)
To allocate adequate human, technical and financial resources to the
juvenile justice system to ensure a focus on diversion and other alternative measures
to deprivation of liberty, and ensure the provision of rehabilitation and reintegration
programmes.
Children belonging to minority groups
75.
The Committee urges the State party to take all effective measures to close
disparities in the enjoyment of rights between children belonging to minority groups
and children belonging to the majority population in all areas covered under the
Convention, and to pay particular attention to standards of living, health and
education as recommended in previous paragraphs. The Committee further urges the
State party to intensify its efforts to comply with the recommendations set forth in the
report of the Independent Expert on minority issues (A/HRC/16/45/Add.2), as well as
those in the report of the Independent Expert on the question of human rights and
extreme poverty (A/HRC/17/34/Add.1), in particular with the minority-related
recommendations therein, and to report on progress achieved in that respect in its
next periodic report to the Committee.
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