Childrens rights

40. 1. States Parties recognize the right

of every child alleged as, accused of, or recognized as having infringed the

penal law to be treated in a manner consistent with the promotion of the child’s

sense of dignity and worth, which reinforces the child’s respect for the human

rights and fundamental freedoms of others and which takes into account the

child’s age and the desirability of promoting the child’s reintegration and the

child’s assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions of

international instruments, States Parties shall, in particular, ensure that:

a) No child shall be alleged as, be accused of, or recognized as

having infringed the penal law by reason of acts or omissions that were not

prohibited by national or international law at the time they were committed;

b) Every child alleged as or accused of having infringed the penal

law has at least the following guarantees:

i) To be presumed innocent until proven guilty according to law;

ii) To be informed promptly and directly of the charges against him

or her, and, if appropriate, through his or her parents or legal guardians, and

to have legal or other appropriate assistance in the preparation and

presentation of his or her defence;

iii) To have the matter determined without delay by a competent,

independent and impartial authority or judicial body in a fair hearing according

to law, in the presence of legal or other appropriate assistance and, unless it

is considered not to be in the best interest of the child, in particular, taking

into account his or her age or situation, his or her parents or legal guardians;

iv) Not to be compelled to give testimony or to confess guilt; to

examine or have examined adverse witnesses and to obtain the participation and

examination of witnesses on his or her behalf under conditions of equality;

v) If considered to have infringed the penal law, to have this

decision and any measures imposed in consequence thereof reviewed by a higher

competent, independent and impartial authority or judicial body according to

law;

vi) To have the free assistance of an interpreter if the child

cannot understand or speak the language used;

vii) To have his or her privacy fully respected at all stages of the

proceedings.

3. States Parties shall seek to promote the establishment of laws,

procedures, authorities and institutions specifically applicable to children

alleged as, accused of, or recognized as having infringed the penal law, and, in

particular:

a) The establishment of a minimum age below which children shall

be presumed not to have the capacity to infringe the penal law;

b) Whenever appropriate and desirable, measures for dealing with

such children without resorting to judicial proceedings, providing that human

rights and legal safeguards are fully respected.

4. A variety of dispositions, such as care, guidance and supervision

orders; counselling; probation; foster care; education and vocational training

programmes and other alternatives to institutional care shall be available to

ensure that children are dealt with in a manner appropriate to their well-being

and proportionate both to their circumstances and the offence.