CRC/C/ARG/CO/3-4
Administration of juvenile justice
77. While noting that a reform process has been undertaken with regard to juvenile justice
at the national and provincial levels, the Committee is seriously concerned at the continued
application of Act No. 22278 of 1980, in particular with regard to the possibility to detain
children. It is furthermore concerned that the right of the child to be heard and to be assisted
by an independent legal professional in criminal proceedings is not always respected.
78. The Committee is further concerned that one third of the places of deprivation of liberty
for children are not specialized and that children are at times detained with adults. It further
expresses concern at the insufficient implementation of alternatives to deprivation of liberty
at the provincial level.
79. The Committee is also concerned at the fact that the majority of juvenile offenders are
deprived of their liberty pending trial. It is further concerned that some juvenile offenders
are held in detention for longer than one year. The Committee is also concerned at the
frequent use of disciplinary measures in detention, including isolation (engome), as well as
the absence of sufficient educational, recreational and learning activities and insufficient
access to fresh air. The Committee is particularly concerned at the number of reported
suicides in detention, as well as patterns of self-inflicted injuries.
80. The Committee urges the State party to ensure that juvenile justice standards are
fully implemented, in particular articles 37 (b), 40 and 39 of the Convention, as well 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). In particular
the Committee recommends that the State party, while taking into account the
Committee’s general comment No. 10 (2007) on children’s rights in juvenile justice:
(a)
Abrogate Act No. 22278 on juvenile justice and adopt a new law
consistent with the Convention and international standards on juvenile justice;
(b)
Ensure that children in conflict with the law have access to free and
independent legal aid as well as to an independent and effective complaints
mechanism;
(c)
Ensure that the right of the child to be heard in criminal proceedings is
always respected;
(d)
Take all necessary measures, including strengthening the policy of
alternative sanctions and reintegration measures for juvenile offenders, to ensure that
children are held in detention only as a last resort and for as short a time as possible;
(e)
Take all necessary measures to ensure that when detention is carried out,
it is done in compliance with the law and respects the rights of the child as set out
under the Convention, and that children are held separately from adults in both pretrial detention and after being sentenced;
(f)
Take all necessary measures to ensure that conditions in detention
facilities are not contrary to the child’s development and meet international minimum
standards, and that cases involving juveniles are brought to trial as quickly as
possible;
(g)
Ensure that children deprived of their liberty have access to education,
including vocational training, recreational and learning activities;
(h)
Investigate promptly, thoroughly and independently all cases of suicide
and attempted suicides;
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