83 The Convention on the Rights of the Child, as interpreted by the Committee on the Rights of the Child, provides for several fundamental principles regarding the dignified treatment that must be accorded to children and adolescents in conflict with the law: these principles include: (i) treatment that is consistent with the child’s sense of dignity and worth –“this inherent right to dignity and worth [which] has to be respected and protected throughout the entire process of dealing with the child, from the first contact with law enforcement agencies and all the way to the implementation of all measures for dealing with the 280 child;” (ii) treatment that reinforces the child’s respect for the human rights and freedoms of others–a principle that “requires a full respect for and implementation of the guarantees for a fair trial (…). If the key actors in juvenile justice, such as police officers, prosecutors, judges and probation officers, do not fully respect and protect these guarantees, how can they expect that with such poor examples the child will 281 respect the human rights and fundamental freedom of others?;” (iii) treatment that takes into account the child’s age and promotes the child’s reintegration and the child’s assuming a constructive role in society – a principle which “must be applied, observed and respected throughout the entire process of dealing with the child, from the first contact with law enforcement agencies all the way to the 282 implementation of all measures for dealing with the child,” and which means that “all professionals involved in the administration of juvenile justice be knowledgeable about child development, the dynamic and continuing growth of children, what is appropriate to their well-being, and the pervasive forms of 283 violence against children;” and (iv) prohibit and prevent all forms of violence in the treatment of children 284 in conflict with the law. When interventions are carried out in the context of a judicial procedure, the Committee on the Rights of the Child has demanded that “pursuant to article 40 (1) of CRC, reintegration requires that no action may be taken that can hamper the child’s full participation in his/her community, such as stigmatization, social isolation, or negative publicity of the child. For a child in conflict with the law to be dealt with in a way that promotes reintegration requires that all actions should support the child 285 becoming a full, constructive member of his/her society.” So, when the competent authority institutes judicial proceedings, the principles of a fair and just trial must be fully applied. The Committee on the Rights of the Child has further noted that “the juvenile justice system should provide for ample opportunities to deal with children in conflict with the law by using social and/or educational measures, and to strictly limit the use of deprivation of liberty, and in particular pretrial 286 detention, as a measure of last resort.” Every child or adolescent who is criminally prosecuted must be treated justly and have an impartial trial, which fully adheres to the due process guarantees set forth in Article 40.2 of the Convention on the Rights of the Child, Article 14 of the International Covenant on Civil and Political Rights, Article 8 and Article 25 of the American Convention on Human Rights. These guarantees include the prohibition of ex post facto application of criminal laws, the presumption of innocence, the right to be heard, the right to effective participation in the proceedings, the right to receive direct and speedy information on the charges, the right to legal or any other appropriate assistance, the right to speedy decision with the participation of the parents, the right to the presence and examination of witnesses, the right to appeal, the right to the free assistance of an interpreter and full respect for his or 280 UN Committee on the Rights of the Child: General Comment No. 10 (2007)- Children’s Rights in Juvenile Justice. UN Document CRC/C/GC/10, April 25, 2007, par. 13. 281 UN Committee on the Rights of the Child: General Comment No. 10 (2007)- Children’s Rights in Juvenile Justice. UN Document CRC/C/GC/10, April 25, 2007, par. 13. 282 UN Committee on the Rights of the Child: General Comment No. 10 (2007)- Children’s Rights in Juvenile Justice. UN Document CRC/C/GC/10, April 25, 2007, par. 13. 283 UN Committee on the Rights of the Child: General Comment No. 10 (2007)- Children’s Rights in Juvenile Justice. UN Document CRC/C/GC/10, April 25, 2007, par. 13. 284 UN Committee on the Rights of the Child: General Comment No. 10 (2007)- Children’s Rights in Juvenile Justice. UN Document CRC/C/GC/10, April 25, 2007, par. 13. 285 UN Committee on the Rights of the Child: General Comment No. 10 (2007)- Children’s Rights in Juvenile Justice. UN Document CRC/C/GC/10, April 25, 2007, par. 29. 286 UN Committee on the Rights of the Child: General Comment No. 10 (2007)- Children’s Rights in Juvenile Justice. UN Document CRC/C/GC/10, April 25, 2007, par. 28.

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