CRC/C/15/Add.173
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(c)
Develop and adopt a national plan of action against sexual and commercial
exploitation of children, taking into account the Declaration and Agenda for Action and the
Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial
Sexual Exploitation of Children; and
(d)
In this regard, seek international cooperation from, among others, UNICEF,
ILO and WHO.
Juvenile justice
53.
The Committee reiterates its concern that the Juvenile Act of 1967, based on the doctrine
of “irregular situation”, which does not make a clear distinction, in terms of judicial procedures
and treatment, between children in need of care and protection and those in conflict with the law,
is still in force. It also notes with concern that detention is not used as a last resort, especially in
the case of children who are poor and socially disadvantaged, and that often children are
detained in detention centres for adults. The Committee further expresses its concern at the fact
that the criminal law and procedure for adults can be applied also to children aged between 16
and 18 who acted with discernment and that the Committee’s previous recommendation on
addressing the question of the minimum age of criminal responsibility (ibid., para. 17) was not
implemented.
54.
In line with its previous recommendation (ibid., para. 17), the Committee
recommends that the State party:
(a)
Expedite the adoption of the draft law on children in conflict with the law
and increase the budget allocations for the administration of juvenile justice;
(b)
Address the question of the minimum age of criminal responsibility in light
of article 40, paragraph 3 (a);
(c)
Continue reviewing laws and practices regarding the juvenile justice system
in order to bring it as soon as possible into full compliance with the Convention, in
particular articles 37, 40 and 39, as well as with other relevant international standards in
this area, such as the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of
Juvenile Delinquency (the Riyadh Guidelines);
(d)
Ensure that all persons under 18 benefit from special protection measures in
the field of administration of juvenile justice;
(e)
Use pre-trial detention only as a measure of last resort, for as short a time as
possible and for no longer than the period prescribed by law and ensure that children are
separated from adults in every case;
(f)
Use alternative measures to pre-trial detention and other forms of
deprivation of liberty whenever possible;