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Statements Office of the High Commissioner for Human Rights

World Congress on Justice with Children

15 November 2021

Delivered by

Michelle Bachelet, UN High Commissioner for Human Rights

I am pleased to join you in saying loud and clear: children should not be in prison. They belong in schools and in safe home environments.

It has been demonstrated that exposure to the criminal justice system causes them harm, limiting their chances of becoming responsible adults.

The majority of children in conflict with the law come from vulnerable backgrounds, especially those from ethnic and minority groups.

Many suffer from social exclusion and discrimination.

Support and effective cooperation between parents and public systems, such as child welfare, social protection, education, health, law enforcement and justice, could prevent children from coming into conflict with the law.

We have a comprehensive international system establishing obligations for States, including the Convention of the Rights of the Child, and numerous international standards and norms. General Comment 24 of the Committee on the Rights of the Child provides clear guidelines for States to establish juvenile justice systems in compliance with the Convention. 

That entails the use of alternative measures, such as diversion and restorative justice. A child justice system must promote children’s reintegration into society while treating them in a manner that reinforces their sense of dignity and worth.

However, legalized violence against children as a sentence for a crime, such as capital punishment, life imprisonment and corporal punishment, continue to exist. In some countries, these can even include flogging, stoning and amputation. These types of punishment are clear violations of the rights of the child.

Furthermore, according to international law, the deprivation of liberty of children should only be used as a measure of last resort and for the shortest appropriate period of time possible.

This cannot be stressed enough. 

But across the world, turning these standards into reality is still an enormous challenge

The public perception that juvenile delinquency is increasing is particularly concerning.

Such perceptions are frequently not grounded on evidence, but based on media reports of a few serious cases. They influence political discourse and often lead to the adoption of legislation and measures that disregard or even weaken children`s rights and their protection against violence.  

The Global Study on Children Deprived of Liberty brings to light the dramatic situation children face when they reach the justice system.

It also brings important recommendations on preventing the detention of children and on addressing its root causes in a systemic and holistic manner.

These recommendations should be urgently implemented and I trust this world congress will help us in this direction.

Thank you.