CAT/C/GAB/CO/1 (f) Guarantee access to health care and to an adequate daily diet. Juvenile justice 18. While noting that the State party has introduced a new juvenile justice regime with the adoption of Judicial Protection of Minors Act No. 39/2010 of 25 November 2010 and the promulgation of Decree No. 0806/PR of 25 November 2010, which establishes special provisions regarding pretrial detention and the age of criminal responsibility, the Committee regrets that the amended legislation does not include a scheme of non-custodial sentences for minors. (arts. 2, 10 and 16) The State party should: (a) Incorporate non-custodial measures into the justice system for minors in conflict with the law; (b) Ensure that minors are not held in detention except as a last resort and for the shortest amount of time possible; (c) Ensure that minors who have been deprived of their liberty have the benefit of all legal safeguards and that convicted minors are held separately from adults, men are held separately from women, and remand prisoners are held separately from convicted prisoners, in accordance with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), adopted by the General Assembly in its resolution 40/33 of 29 November 1985, and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), adopted by the General Assembly in its resolution 45/112 of 14 December 1990. The State party should also train a sufficient number of qualified staff members to handle the caseload in the juvenile justice system. Human trafficking 19. The Committee takes note of the numerous legislative, institutional and awarenessraising measures adopted by the State party to prevent and combat human trafficking. Nevertheless, the Committee is concerned by the persistence in the State party of the practice of trafficking in persons, including children (30.6 per cent), as forced labour and for purposes of sexual exploitation. The Committee is equally concerned by the fact that the measures in place to combat trafficking fall short of what is needed, given, for example: the fact that Act No. 09/2004 does not penalize all forms of human trafficking and does not penalize trafficking of persons over 18 years of age; the absence of specific data on the extent of trafficking; the lack of regulations on victim assistance; the lack of qualified investigators; the absence of information on the complaints that have been filed and their outcome; the lack of sufficient funding for shelters; and the existence of some degree of impunity for those responsible. (arts. 2, 12, 13, 14 and 16) The State party should: (a) Ensure the effective enforcement, in full compliance with the Convention, of existing anti-trafficking laws; (b) Amend Act No. 09/2004 so that it also criminalizes trafficking in persons over the age of 18, as well as all forms of trafficking, particularly trafficking of persons as forced labour and for purposes of sexual exploitation or servitude; (c) Conduct a study to determine the actual extent of human trafficking in the State party and the relevant causal factors; GE.13-40305 7

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