By Geraldine Van Bueren

This quantity constitutes a observation on Article forty of the United international locations conference at the Rights of the kid. it really is a part of the sequence, A observation at the United countries conference at the Rights of the kid, which supplies an editorial by means of article research of all major, organizational and procedural provisions of the CRC and its non-compulsory Protocols. for each article, a comparability with comparable human rights provisions is made, by means of an in-depth exploration of the character and scope of country responsibilities deriving from that article. The sequence constitutes a vital device for actors within the box of kids rights, together with lecturers, scholars, judges, grassroots employees, governmental, non- governmental and overseas officials. The sequence is backed by means of the Belgian Federal technology coverage workplace.

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Extra resources for Article 40: Child Criminal Justice (Commentary on the United Nations Convention on the Rights of the Child, 40)

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Others such as Bolivia have established juvenile courts, juvenile homes for those under 16 and specially trained police corps for dealing with children. Both the CRC and the Beijing Rules recognize that non-judicial bodies are not considered incompatible with international human rights law providing the hearings are fair according to law. ’41 In a number of States where juvenile courts either do not exist or are found only in the larger urban areas, criminal courts have jurisdiction over juvenile offences.

70 See CRC Committee, Concluding observations: Belize (UN Doc. 99, 1999), 68 69 THE SCOPE OF ARTICLE 40 27 The Committee has not taken the initiative of establishing a universal minimum age of criminal responsibility. The Committee may well feel inhibited by the lack of consensus with respect to the appropriate minimum age, in addition to a reluctance to impose on the religious or cultural traditions that may have influenced the setting of the age. However, it is not helpful in seeking to move towards consistency when it criticizes the minimum age of 10 in England as Wales as being unlawful, while only recommending that Ireland, which had just raised the minimum age from 7 to 10, only consider reviewing the age with a view to an increasing it.

67 Where separate systems of justice are established, they should still be in conformity with international human rights law. The CRC places a duty on States Parties to maintain a balance between the informality of proceedings and the protection of the fundamental rights of the child. ’ In defining the avoidance of harm, the Beijing Commentary specifically cites as examples ‘the use of harsh language, physical violence or exposure to the environment’. The Beijing Rules’ prohibition of ‘harm’ is broader than the customary prohibition of torture, cruel, inhuman and degrading treatment and punishment.

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