Judges and prosecutors are part of the system that enables the Government to promote and protect children’s rights. Therefore, judges and prosecutors have to uphold the rights of all children at all and thus also the rights of children involved in the justice system. 4.2.2. International Child Rights Instruments (p.3 of Wb-JfC) Time: 3 minutes Objective: Understanding the difference between ‘child specific’ and ‘non-child specific’ international instrument Methods: Explanation Aids: Overhead ‘International Child Rights Instruments’ Method: Explanation ( 3 minutes) Instructions: Overhead ‘International Child Rights Instruments’ Show the overhead, but do not mention/discuss the instruments (= content of next subsections) Point out the instruments marked with * (= specific JfC instrument) Many international instruments deal with rights and/or children rights. Generally they can be classified into ‘Child-Specific Instruments’ and ‘Non-Child-Specific Instruments’. The international instruments deal exclusively with children’s rights. Those marked with * deal exclusively with justice for children issues. On the other hand, the non-child-specific international instruments deal with human rights in general and include some standards and guidelines that can be applied to children as well. The most important instruments related to justice for children and the subjects discussed in this Workbook are: International Instrument: Non-Child-Specific International Instrument: UN Convention on the Rights of the Child (CRC) (1989) UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979) UN on the Involvement of Children in Armed Conflict (OPAC) (2000) * UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) (1984) UN (OPSCPC) (2000) * UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children to the UN Convention against Transnational Organized Crime ( Protocol) (2000) African Charter on the Rights and Welfare of the Child (ACRWC) (1990) UN Standard Minimum Rules for Non-Custodial Measures ( Rules) (1990) trial trial
- probation - foster care - education and vocational training programmes - diversion (§4.6.3.6. ‘Diversion’) National legislation includes special measures, like measures, for child offenders in various provisions of the Criminal Code (2004). The following measures are provided (article 53 ‘Special Provisions Applicable to Young Persons’): ‘Admission to a Curative Institution’ (article 158) ‘Supervised Education’ (article 159) ‘Reprimand and Censure’ (article 160) ‘Admission to a Corrective Institution’ (article 162) ‘Fine’ (article 167) ‘Imprisonment’ (article 168) ‘School or Home Arrest’ (article 161) (Chapter 5 ‘Child Offenders in ’)(Chapter 6 ‘Justice for Child Offenders’) 4.6.3.6. Diversion (p.30 of Wb-JfC) Time: 22 minutes Objective: Being aware that and why international instruments promote ‘diversion’ of child offenders Methods: Explanation + Dialogue + Plenary Discussion Aids: Overhead Measures - Diversion’ Annex 6 ‘Full Text of the Guiding Principles and Justice for Children Rights (CRC & ACRWC)’ Method: Explanation ( 10 minutes) Instructions: Overhead ‘Community-Based Measures - Diversion’ Point out ‘diversion’ (CRC) Point out the relevant parts while explaining (definition, aims, international legislation) One of the special measures for child offenders promoted by article 40(3b) of the CRC is ‘diversion’. Diversion is defined as: “dealing with child offenders without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected”. The ACRWC does not mention the principle of diversion. (Annex 6 ‘Full Text of the Guiding Principles and Justice for Children Rights (CRC & ACRWC’) The international community promotes diversion for various reasons, especially in order to: prevent re-offending or restrict the negative effects of contact with the formal justice system, especially: stigmatization of child offenders as ‘criminals’