105
proceedings, those regulations make no provision for a specialized jurisdiction for
juvenile offenders. So no specific forum was established in Paraguay for children in
conflict with the law until Policy Decision No. 214 of May 18, 2001, which regulates
the functions of the judges in juvenile trial and sentencing court (supra para.
134.57); nor was any special procedure established that would be appropriate for
questioning children in conflict with the law.
209. The guarantees set forth in Articles 8 of the Convention are equally
recognized for all persons, and must be correlated with the specific rights established
in Article 19 in such a way that they are reflected in any administrative or judicial
proceedings where the rights of a child are discussed.180
While procedural rights
and their corollary guarantees apply to all persons, in the case of children exercise of
those rights requires, due to the special condition of minors, that certain specific
measures be adopted for them to effectively enjoy those rights and guarantees.181
210. This Court has held that one obvious consequence of the importance of
handling matters that pertain to children differently, and specifically those matters
having to do with some unlawful behavior, is the establishment of specialized
jurisdictional bodies to hear cases involving conduct defined as crimes and
attributable to juveniles.182 The Convention on the Rights of the Child provides that
States shall seek to promote “the establishment of laws, procedures, authorities and
institutions specifically applicable to children alleged as, accused of, or recognized as
having infringed the penal law.”183
211. According to the relevant international standards on the subject, the special
jurisdiction for children in conflict with the law in Paraguay, and its related laws and
procedures should feature, inter alia, the following: 1) first, the system should be
able to provide measures for dealing with such children without resorting to judicial
proceedings;184 2) should judicial proceedings be necessary, the juvenile court
should be able to order a variety of measures, such as psychological counseling for
the child while on trial, control over the way the child’s testimony is taken, and
regulation of the public nature of the proceedings; 3) it should also have a sufficient
margin of discretion at all stages of the proceedings and at the different levels of
juvenile justice administration185; and 4) those who exercise discretion should be
specially qualified or trained in the human rights of the child and child psychology to
avoid any abuse of the discretionary authority and to ensure that the measures
ordered in any case are appropriate and proportionate.186
212. Those elements, whose purpose is to recognize the child’s general
vulnerability vis-à-vis judicial proceedings and the greater impact that the
180
Cf. Juridical Condition and Human Rights of the Child, supra note 150, para. 95
181
Cf. Juridical Condition and Human Rights of the Child, supra note 150, para. 98.
182
Cf. Juridical Condition and Human Rights of the Child, supra note 150, para. 109.
183
Article 40.3 of the Convention on the Rights of the Child.
184
Cf. Article 40.3.b) of the Convention on the Rights of the Child.
185
Cf. Rule 6.1 of the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (Beijing Rules), adopted by the General Assembly in its resolution 40/33 of 28 November 1985.
186
Cf. Rule 6.3 of the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (Beijing Rules), adopted by the General Assembly in its resolution 40/33 of 28 November 1985;
and Article 40.4 of the Convention on the Rights of the Child.
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