A/HRC/28/68
competence to be punished for crimes. In its general comment No. 10 (CRC/C/GC/10), the
Committee on the Rights of the Child encouraged States parties to increase their lower
minimum age of criminal responsibility to the age of 12 years as the absolute minimum
age, and to continue to increase it to a higher age level. Nevertheless, many countries still
maintain a minimum age of criminal responsibility well below 12 years.
35.
States have an international obligation to put in place a dedicated legal system and
law enforcement processes for children. All too often, criminal justice systems are designed
for adults and incorporate none of the specific procedural safeguards required for children.
In particular, adult criminal justice systems expose children to a range of sentences and
disciplinary punishments aimed specifically at adults, without any rehabilitative
component.
36.
The imposition of the death penalty on children is forbidden under international law
and has been accepted so universally as to reach the level of a jus cogens norm (A/67/279,
para. 62).
37.
Similarly, life sentences without the possibility of release for children are expressly
prohibited by international law and treaties, including article 37(a) of the Convention on the
Rights of the Child. The Committee on the Rights of the Child, in its general comment No.
10 (CRC/C/GC/10), and the Human Rights Committee, in its general comment No. 21,
confirmed that life imprisonment without the possibility of release is never an appropriate
punishment for an offence committed by a juvenile offender. 8 The vast majority of States
have taken note of the international human rights requirements regarding life imprisonment
of children without the possibility of release. Significantly, the United States of America is
the only State in the world that still sentences children to life imprisonment without the
opportunity for parole for the crime of homicide.
38.
With regard to life imprisonment of children, the Human Rights Council, in its
resolution 24/12, and the Committee on the Rights of the Child, in its general comment No.
10, urged States to ensure that no one is sentenced to life imprisonment for an offence
committed by persons under 18 years of age.
39.
Although the Convention on the Rights of the Child requires States to ensure that
detention or imprisonment of children should only be used as a measure of last resort, in
exceptional circumstances, for the shortest possible period of time and only if it is in the
best interests of the child, in reality, detention is often used as the first response to
perceived problems. During his country visits, the Special Rapporteur observed that,
although alternative or non-custodial measures are provided by law, in a high percentage of
cases, detention is the preferred option and not the last resort (see A/HRC/22/53/Add.3,
para. 53).
40.
In many instances, the worst situations for children arise at the time of arrest by the
police, and during transportation or subsequent questioning in police custody (see
A/HRC/16/52/Add.5, para. 43 and A/HRC/22/53/Add.1, para. 73). During the period
immediately following apprehension, children are at particularly high risk of physical,
verbal and psychological violence, such as verbal abuse, threats and beatings, and they are
too often not provided with information on their human rights and the allegations brought
against them in a manner that they can understand. 9 Following their arrest, children often
8
9
8
See also CCPR/C/112/D/1968/2010, paras. 7.7 and 7.11, and Inter-American
Commission on Human Rights, Juvenile Justice and Human Rights in the Americas:
Rapporteurship on the Rights of the Child (UNICEF, 13 July 2011), para. 364.
See, for example, Association for the Prevention of Torture, Jean-Jacques Gautier NPM Symposium,
“Addressing children’s vulnerabilities in detention”, outcome report, June 2014, p. 14