CRC/C/CHN/CO/2
page 18
(d)
Provide adequate programmes of assistance and reintegration for sexually
exploited and/or trafficked children in accordance with the Declaration and Agenda for
Action and the Global Commitment adopted at the 1996 and 2001 World Congresses
against Commercial Sexual Exploitation of Children;
(e)
Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime (2000).
Administration of juvenile justice
89.
The Committee welcomes the State party’s abolition of the death penalty in mainland
China for persons who have committed an offence when under the age of 18. However, it is
concerned that life imprisonment continues to be possible for those under 18, even if that
sentence is not often applied. While noting efforts to reform laws relating to juvenile justice,
such as the Law on the Protection of Minors, the Committee remains concerned that existing
legislation, regulations and administrative procedures do not adequately set out the detailed
obligations of the authorities and the judiciary for the protection of children in conflict with the
law at all stages.
90.
While noting that the State party has raised the minimum age of criminal responsibility in
the Hong Kong SAR, the Committee remains concerned that the age of 10 years is too low. The
Committee is further concerned that children between the ages of 16 and 18 are not consistently
accorded special protection when coming into conflict with the law.
91.
The Committee shares the concerns of the delegates from the Macau SAR about the lack
of restorative justice for children in conflict with the law and welcomes the information they
provided about plans to reform the juvenile justice system.
92.
In light of the recommendations adopted by the Committee on its day of general
discussion on juvenile justice (CRC/C/46, paras. 203-238), the Committee recommends that
in all areas under its jurisdiction, the State party ensure that juvenile justice standards are
fully implemented, in particular articles 37, 40 and 39 of the Convention and 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 and the
Vienna Guidelines for Action on Children in the Criminal Justice System. It further
recommends that in all jurisdictions the State party provide training on relevant
international standards to those responsible for administering juvenile justice.
93.
Within mainland China, the Committee further recommends that the State party:
(a)
Abolish life sentences for persons who have committed offences when under
the age of 18;