CRC/C/GC/24
70.
In the Committee’s view, there should be lifelong protection from publication
regarding crimes committed by children. The rationale for the non-publication rule, and for
its continuation after the child reaches the age of 18, is that publication causes ongoing
stigmatization, which is likely to have a negative impact on access to education, work,
housing or safety. This impedes the child’s reintegration and assumption of a constructive
role in society. States parties should thus ensure that the general rule is lifelong privacy
protection pertaining to all types of media, including social media.
71.
Furthermore, the Committee recommends that States parties introduce rules
permitting the removal of children’s criminal records when they reach the age of 18,
automatically or, in exceptional cases, following independent review.
E.
Measures6
Diversion throughout the proceedings
72.
The decision to bring a child into the justice system does not mean the child must go
through a formal court process. In line with the observations made above in section IV.B, the
Committee emphasizes that the competent authorities – in most States the public prosecutor
– should continuously explore the possibilities of avoiding a court process or conviction,
through diversion and other measures. In other words, diversion options should be offered
from the earliest point of contact, before a trial commences, and be available throughout the
proceedings. In the process of offering diversion, the child’s human rights and legal
safeguards should be fully respected, bearing in mind that the nature and duration of diversion
measures may be demanding, and that legal or other appropriate assistance is therefore
necessary. Diversion should be presented to the child as a way to suspend the formal court
process, which will be terminated if the diversion programme is carried out in a satisfactory
manner.
Dispositions by the child justice court
73.
After proceedings in full compliance with article 40 of Convention are conducted (see
section IV.D above), a decision on dispositions is made. The laws should contain a wide
variety of non-custodial measures and should expressly prioritize the use of such measures
to ensure that deprivation of liberty is used only as a measure of last resort and for the shortest
appropriate period of time.
74.
A wide range of experience with the use and implementation of non-custodial
measures, including restorative justice measures, exists. States parties should benefit from
this experience, and develop and implement such measures by adjusting them to their own
culture and tradition. Measures amounting to forced labour or to torture or inhuman and
degrading treatment are to be explicitly prohibited and penalized.
75.
The Committee reiterates that corporal punishment as a sanction is a violation of
article 37 (a) of the Convention, which prohibits all forms of cruel, inhuman and degrading
treatment or punishment (see also the Committee’s general comment No. 8 (2006) on the
right of the child to protection from corporal punishment and other cruel or degrading forms
of punishment).
76.
The Committee emphasizes that the reaction to an offence should always be
proportionate not only to the circumstances and the gravity of the offence, but also to the
personal circumstances (age, lesser culpability, circumstances and needs, including, if
appropriate, the mental health needs of the child), as well as to the various and particularly
long-term needs of the society. A strictly punitive approach is not in accordance with the
principles of child justice spelled out in article 40 (1) of the Convention. Where serious
offences are committed by children, measures proportionate to the circumstances of the
offender and to the gravity of the offence may be considered, including considerations of the
need for public safety and sanctions. Weight should be given to the child’s best interests as a
primary consideration as well as to the need to promote the child’s reintegration into society.
6
12
See also section IV.B above.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents