Aspiration
#8
Aspiration 8: Children benefit from a child-sensitive criminal justice system.
By 2020, States –
• should have legislated the minimum age of criminal responsibility to be 12 years
or above;
• should have adopted and implemented legislation explicitly requiring the
separation of children and adults at all points of detention;
• should have introduced a system for expediting investigations and prioritising
cases where the defendant or any victim or witness is a child;
• should have programmes in place to ensure that judicial personnel, law
enforcement agents and other professionals involved in the criminal justice
system are sensitised to provide child-friendly services;
• in collaboration with national partners, should have embarked on a campaign to
sensitise professionals and the general public on the importance of a child-friendly
and a rights-based approach in the justice sphere;
• should have enhanced the capacity of law enforcement agencies to ensure
accountability to children;
• should have abolished the use of the death penalty in respect of offences committed
by children; States should have ensured that the death sentence may not be
imposed on pregnant women or the mothers of young children;
• should have taken special measures allowing for diversion and restorative justice
in respect of children; States should be referring children to juvenile justice
institutions where they can learn skills and be reintegrated into society without
compromising their psychological or physical well-being;
• should have reviewed sentencing procedures in order that a non-custodial
sentence is always considered when parents or primary caregivers of children
are being sentenced; States should be providing for appropriate alternative care
for children whose parent or primary caregiver is imprisoned; States should have
established special institutions to house children in prison, under very exceptional
circumstances when non-custodial measures cannot be considered, and it is in a
child’s best interests to live with a parent or caregiver in prison;
• should have set up alternative measures to pre-trial detention, such as bail and
written notices to appear at court;
• should have developed reliable mechanisms for collecting accurate, disaggregated
data on the practice and administration of criminal justice for children, including
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