Conflict With The Law PDF

Child Protection INFORMATION Sheet
Children in Conflict with the Law
The term children in conflict with the law refers

to anyone under 18 who comes into contact with
HUMAN RIGHTS
the justice system as a result of being suspected or
According to Articles 37 and 40 of the
accused of committing an offence. Most children in Convention on the Rights of the Child (1989),
conflict with the law have committed petty crimes or children in conflict with the law have the right to
such minor offences as vagrancy, truancy, begging treatment that promotes their sense of dignity
or alcohol use. Some of these are known as status and worth, takes into account their age and aims
offences and are not considered criminal when at their reintegration into society. Also, placing
committed by adults. In addition, some children children in conflict with the law in a closed
who engage in criminal behaviour have been used facility should be a measure of last resort, to
or coerced by adults. Too often, prejudice related to be avoided whenever possible. The convention
race, ethnicity or social and economic status may prohibits the imposition of the death penalty
and sentences of life imprisonment for offences
bring a child into conflict with the law even when no
committed by persons under the age of 18.
crime has been committed, or result in harsh treat-
ment by law enforcement officials.
In the area of juvenile justice, UNICEF aims to to 117,000 in 1990. Russia alone accounted for 65
reduce incarceration while protecting children from per cent of these numbers.3
violence, abuse and exploitation. It promotes reha-
bilitation that involves families and communities
as a safer, more appropriate and effective approach BUILDING A PROTECTIVE ENVIRONMENT FOR
than punitive measures. Justice systems designed CHILDREN
for adults often lack the capacity to adequately
address these issues and are more likely to harm Government commitment and capacity
than improve a childs chances for reintegration These are crucial to promote and support policies
into society. For all these reasons, UNICEF strongly that encourage the use of alternatives to deprivation
advocates diversion (directing children away from of liberty. A proper approach to juvenile justice also
judicial proceedings and towards community solu- requires that efforts be made to prevent children from
tions), restorative justice (promoting reconciliation, coming into conflict with the law in the first place. This
restitution and responsibility through the involve- is work for the entire society, not just the government.
ment of the child, family members, victims and com-
munities), and alternatives to custodial sentencing Legislation and enforcement
(counselling, probation and community service). National laws should be revised to conform with in-
ternational standards, with legislation enacted and
enforced to prevent children from being deprived of
Facts and figures their liberty when they have been victims of abuse
and exploitation, were used by adults for criminal
More than 1 million children worldwide are activities or have committed status offences or petty
detained by law enforcement officials.1 crimes. The death penalty for children should be
In many prisons and institutions, children and young abolished.
persons are often denied the right to medical care,
education and individual development.2 Attitudes, customs and practices
Children in conflict with the law may be portrayed
In 2002, 136,000 children in the CEE/CIS region as wicked or threatening, and presumptions of
were sentenced for criminal activities, compared character need to be challenged. The establishment
Child Protection INFORMATION Sheet: CHILDREN IN CONFLICT WITH THE LAW
of appropriate juvenile justice mechanisms can be Monitoring, reporting and oversight

difficult if public opinion favours tougher respons- These are needed to determine the number of chil-
es and harsher sentences. dren in detention, the proportion of those awaiting
trial and trends in sentencing. Monitoring can en-
Open discussion sure that detention is neither illegal nor arbitrary,
The media can promote appropriate approaches to that children have access to all basic social serv-
children in conflict with the law, including proba- ices, and that they are not detained alongside adult
tion and community service. Objective and respon- prisoners and exposed to violence and abuse.
sible reporting of crimes committed by children
and the abuses they face in contact with the law
can increase public support for juvenile justice. Examples of UNICEF in action
At the global level, UNICEF is a member of the
Childrens life skills, knowledge and participation Inter-Agency Panel on Juvenile Justice, which aims
Children who come in conflict with the law need to to enhance national and global coordination in
be informed about their rights. Preventive meas- juvenile justice including by promoting ongoing
ures can improve childrens understanding of their dialogue with national partners in juvenile
responsibilities under the law and help them avoid justice reform and identifying, developing and
conflict. disseminating common tools and good practices.
Capacity of families and communities In the Republic of Moldova, UNICEF supported

Capacities need to be strengthened to enable the government in developing the new Criminal
community involvement in the process of restora- Law and the Criminal Procedure Code which
tive justice. Law enforcement officials should be provides for improved juvenile justice and brings
familiar with constructive approaches that make local legislation in line with the standards of the
it possible to avoid formal arrest and detention Convention on the Rights of the Child.
of children in conflict with the law. Capacity and
knowledge of juvenile judges, magistrates, social In Panama, UNICEF provided journalists with data
workers and police need to be strengthened and on children in conflict with the law in order to help
increased in the area of juvenile justice. dispel myths and exaggerations of adolescent
crime. UNICEF also facilitated training courses on
Essential services, including for prevention, the Convention on the Rights of the Child which
recovery and reintegration built capacity among journalists to report on the
Services should be in place offering community- rights of children in conflict with the law.
based and family-focused assistance so that children
can achieve rehabilitation and avoid repeat offences.
Notes
Millennium Development Goals
1
Defence for Children International, No Kids Behind Bars: A
Legal systems that ignore the childs age and fail global campaign on justice for children in conflict with the law,
to promote reintegration into the community <www.kidsbehindbars.org>.
increase the likelihood of their marginalization
and poverty thus impeding the achievement of
2
Defence for Children International, Kids Behind Bars: A study
MDG 1 to eradicate extreme poverty and hunger. on children in conflict with the law: towards investing in
Achieving universal primary education (MDG 2) prevention, stopping incarceration and meeting international
is hindered as children in detention are often de- standards, Amsterdam, 2003, p. 22.
nied quality education. Due to the high rates of
transmission in prisons, children are vulnerable 3
nited Nations Childrens Fund, Child Protection: A
U
to HIV infection, obstructing efforts to combat resource package for Central and Eastern Europe and the
AIDS (MDG 6). Commonwealth of Independent States, available at <http://
ceecis.org/child_protection>.
For further information please contact:

The Child Protection Section
Programme Division UNICEF NY
childprotection@unicef.org
www.unicef.org
The United Nations Childrens Fund (UNICEF)

May 2006

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Child Protection INFORMATION Sheet

Children in Conflict with the Law

The term children in conflict with the law refers

of appropriate juvenile justice mechanisms can be Monitoring, reporting and oversight

Capacity of families and communities In the Republic of Moldova, UNICEF supported

For further information please contact:

The United Nations Childrens Fund (UNICEF)

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