CRC/C/BTN/CO/2
page 16
The administration of juvenile justice
70.
The Committee notes that child-related provisions have been included in the
Penal Code, 2004 and the Civil and Criminal Procedure Code, 2001. Furthermore, the
Committee notes that the draft Juvenile Justice Act has been amended as a draft Child
Care and Protection Act. The Committee is concerned that the minimum age for
criminal responsibility is ten years.
71.
The Committee recommends that the State party:
(a)
Expedite the adoption of the Child Care and Protection Act;
(b)
Ensure that a system of juvenile justice of the Convention is fully
integrated into legislation and practice, in particular articles 37, 40
and 39, as well as 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), the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty (the Havana Rules), and the
Vienna Guidelines for Action on Children in the Criminal Justice
System and the recommendations of the Committee’s general
comment No. 10 (2007) on children’s rights in juvenile justice;
(c)
Raise the minimum age of criminal responsibility in accordance with
general comment No. 10, notably paragraphs 32 and 33;
(d)
Ensure that deprivation of liberty is used only as a measure of last
resort, for the shortest period of time, is expressly authorised by a
court and that juveniles are separated from adult during such
deprivation;
(e)
Provide children, both victims and accused, with adequate legal
assistance throughout the legal proceedings;
(f)
Ensure that children have the free assistance of an interpreter if the
child cannot understand or speak the language used;
(g)
Conduct training programmes on relevant international standards for
all professionals involved with the system of juvenile justice such as
judges, police officers, defense lawyers and prosecutors;
(h)
Be guided in this respect by the United Guidelines on Justice in
Matters involving Child Victims and Witnesses of Crime (ECOSOC
res. 2005/20);
(i)
Seek technical assistance and other cooperation from the United
Nations Interagency Panel on Juvenile Justice, which includes
UNODC, UNICEF, OHCHR and NGOs.