before specialized courts, as speedily as possible, so that they may be treated in accordance
with their status as minors.” Therefore, pursuant to the principle of specialization, a justice
system should be established that is specialized at all stages of the proceedings and during
the execution of the measures or punishments that are eventually applied to minors who
have committed offenses and who can be held responsible under domestic law. This should
involve both the legislation and the legal framework and also the State institutions and
agents specialized in juvenile criminal justice. However, it also entails the application of
special legal rights and principles that protect the rights of children accused or convicted of
an offense.
147. In addition, Rule 5(1) of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules) stipulates that “[t]he juvenile justice
system shall emphasize the well-being of the juvenile and shall ensure that any reaction to
juvenile offenders shall always be in proportion to the circumstances of both the offenders
and the offence.” As mentioned above (supra para. 146), an evident consequence of the
relevance of dealing in a differentiated, specialized, and proportionate manner with matters
pertaining to children, and specifically those relating to illegal conduct, is the establishment
of specialized jurisdictional bodies to hear cases involving conduct defined as crimes
attributed to them. The considerations made above as regards the age required for a person
to be considered a child, according to the predominant international criterion, applies to this
important matter. Consequently, if it not possible to avoid the intervention of the courts,
children under 18 years of age who are accused of conduct defined as criminal in nature by
criminal law must be subject, for the purposes of the respective hearing and the adoption of
the pertinent measures, only to specific jurisdictional bodies distinct from those for adults.
148. The guarantees recognized in Articles 8 and 25 of the Convention are recognized to
all persons equally, and must also correspond to the specific rights established in Article 19
so that they are reflected in any administrative or judicial proceedings in which any right of
a child is debated. 218 The principles and functions of due process of law constitute an
unwavering and strict series of requirements that may be expanded in light of advances in
human rights law. 219
149. The rules of due process have been established, first, in the American Convention on
Human Rights. Nevertheless, as this Court has already indicated, other international
instruments are relevant in order to safeguard the rights of children subject to different
actions by the State, society, or the family, such as the Convention on the Rights of the
Child, the Beijing Rules, the United Nations Minimum Rules for Non-custodial Measures (the
Tokyo Rules), and the United Nations Guidelines for the Prevention of Juvenile Delinquency
(the Riyadh Guidelines). 220 Due process and judicial guarantees must be respected not only
in judicial proceedings, but also in any other proceedings conducted by the State, or under
its supervision. 221 At an international level, it is important to stress that the States Parties to
the Convention on the Rights of the Child have assumed the obligation to adopt a series of
measures to safeguard due process of law and judicial protection, following similar
218
95..
219
115.
220
116.
221
117.
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para.
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para.
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para.
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para.
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