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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
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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
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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
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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
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violence against children;” and (iv) prohibit and prevent all forms of violence in the treatment of children
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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
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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
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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
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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.
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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.
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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.