CRC/C/TLS/CO/1
page 17
offenders between 16 and 21 years old will be established in a separate law. The Committee
further notes that the State party has elaborated Rules of Organization and Procedure for law
enforcement officers and child protection personnel. Despite these positive steps, the Committee
notes with concern that the rights of children to a fair treatment in the justice system are
inadequately protected.
74. The Committee further notes that pre-trial detention is often extended beyond the maximum
period prescribed in the applicable regulations, that children in detention are not always strictly
separated from adult detainees, and that measures of restorative justice are not systematically
considered.
75.
The Committee recommends that the State party continue and strengthen its efforts
to ensure the full implementation of juvenile justice standards, with due regard to articles
37, 40 and 39 of the Convention, 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”), as
well as the Committee’s general comment No. 10 on children’s rights in juvenile justice
(CRC/C/GC/10). In this regard, the Committee recommends that the State party:
(a)
Expedite its efforts to finalize juvenile justice legislation, with a particular
focus on setting appropriate minimum age limits for criminal responsibility;
(b)
Systematically train judges and other professionals in juvenile justice
matters, and ensure that proper legal representation is regularly available to juvenile
offenders;
(c)
Ensure that children are deprived
resort; continue and expand community-based
measures of restorative justice; and, if detention
that children are separated from adult detainees
liberty can be reviewed; and
of their liberty only as a means of last
reintegration programmes and similar
is unavoidable, take measures to ensure
and that decisions on the deprivation of
(d)
Seek technical assistance from the United Nations Interagency Panel on
Juvenile Justice, which includes the United Nations Office on Drugs and Crime (UNODC),
UNICEF, OHCHR and non-governmental organizations.
Economic exploitation
76.
The Committee notes that the State party is revising its Labour Law and is in the process
of finalizing a Labour Code. The Committee is concerned, however, about the continued
widespread existence of child labour in the State party, in particular in the informal sector. The
Committee notes the responsibilities of the National Division of Social Services/Reinsertion for
matters concerning the work and welfare of children.
77.
The Committee recommends that the State party, in collaboration with the
International Labour Organization (ILO) and UNICEF, reinforce its efforts to prevent and
combat child labour.