Parliamentary Assembly

Draft resolution

1Children’s rights have developed considerably in the last three decades. During this process, it has become clear that children have unique needs which should be taken into account, inter alia when they come into contact with the justice system. This issue has been specifically addressed in a number of international and regional children’s rights instruments, including the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice, adopted in 2010.

2Children come into contact with the justice system in many ways, including when they are in conflict with the law. Finding the best way to deal with juvenile delinquency is a challenging task for all governments, who need to find the right balance between the protection of society and the best interest of the child, as a developing, learning human being who is still open to positive socialising influences. However, pressure on politicians to “get tough on crime” has driven increasingly harsh responses to children in conflict with the law.

3Moreover, despite the panoply of international and regional standards providing a well-established framework for modelling juvenile justice, there is a considerable and continuing dissonance between the rhetoric of human rights discourse and the reality of juvenile justice interventions, in particular juvenile detention, for many children. Both the United Nations and the Council of Europe’s monitoring bodies have identified a rather unsatisfactory situation with respect to the enforcement of human rights standards in the area of juvenile justice and detention.

4With a view to improving children’s rights and juvenile justice practices across Europe, it is crucial to focus on the implementation of the relevant standards. Preventing juvenile delinquency, preventing young people from getting into the penal system through a high minimum age of criminal responsibility and diversion, favouring the implementation of alternative non-custodial measures, as well as reducing the number of children in detention, are key factors to a successful system of juvenile justice. They are also less costly and more likely to ensure public safety and help young people to reach their potential.

5In view of the above, the Parliamentary Assembly urges the Council of Europe member States to bring their law and practice into conformity with the human rights standards modelling juvenile justice.

6In particular, the Assembly calls on the member States to:

6.1establish a specialised juvenile justice system by means of dedicated laws, procedures and institutions for children in conflict with the law;

6.2set the minimum age of criminal responsibility at at least 14 years of age, while establishing a range of suitable alternatives to formal prosecution for younger offenders;

6.3prohibit exceptions to the minimum age of criminal responsibility, even for serious offences;

6.4ensure that detention of juveniles is used as a measure of last resort and for the shortest possible period of time, in particular by:

6.4.1determining an age limit below which it is not permitted to deprive a child of his or her liberty, preferably higher than the minimum age of criminal responsibility;

6.4.2developing a broad range of alternative non-custodial measures and sanctions to pre-trial detention and post-trial incarceration;

6.4.3abolishing life imprisonment of any kind for children;

6.4.4establishing a reasonable maximum period to which a child may be sentenced;

6.4.5providing regular reviews of custodial measures and/or sanctions a child may be subjected to;

6.5develop a broad range of diversion programmes, respecting human rights standards, with a view to dealing with juvenile offenders without resorting to judicial proceedings;

6.6decriminalise status offences;

6.7ensure that all professionals involved in the administration of juvenile justice receive the appropriate training, with a view to guaranteeing an effective implementation of children’s rights in this context.

7The Assembly calls on all member States to support the call for a global study on children deprived of liberty initiated by Defence for Children International, supported by several other civil society organisations and launched on 13 March 2014.