International Rules of Justice for Children

An integral part of achieving the rule of law and its related objectives lies in the treatment of children by national legal, social, and judicial systems and security institutions. Children’s rights are guaranteed by various charters and conventions worldwide and including those who come into contact with the justice system. In addition, and crucially, there are international rules to guide children’s justice systems and direct States towards a regime that respects children’s rights and safeguards their well-being.

Children’s rights across the world

Globally, children’s rights are first and foremost embodied in various legal instruments and their fundamental rights are therefore guaranteed by these Conventions and Charters. 

  • In America: The Charters of Freedom of the United States, the American Convention on Human Rights and the Canadian Charter of Rights and Freedoms.
  • In Europe: The European Convention on Human Rights. 
  • In Africa: The African Charter on Human People’s Rights and the African Charter on the Rights and Welfare of the Child.
  • In North Africa and West Asia: The Arab Charter on the Rights of the Child.
  • In Asia: The ASEAN Human Rights Declaration and the ASEAN guidelines for a non-violent approach to nurture, care, and development of children in all settings.

Thereby, governments have the obligation to do all they can to ensure that every child in their countries can enjoy fully all the rights enshrined in the Convention.

The approach to justice for children

The aim of the justice for children approach is to ensure that children, defined by the CRC as all persons under the age of eighteen, are better cared for and protected by justice systems, including the security and social welfare sectors. In particular, it aims to ensure the full implementation of international standards for all children who come into contact with the justice and related systems as victims, witnesses and alleged offenders, or for other reasons requiring judicial, administrative or non-State intervention, for instance with respect to their care, custody or protection (United Nations Secretary General, 2008).

The UN approach to justice for children has two strands aimed at ensuring that children are better supported and protected by justice systems. The first aims to secure greater attention for children in rule of law initiatives, and the second outlines additional actions needed to reinforce rule of law efforts in terms of justice for children and to ensure full respect for their rights. These two strands are integrated within the framework of strengthening the rule of law (United Nations Secretary General, 2008).

United Nations Conventions

The Convention on the Rights of the Child (‘CRC’) consists of 54 articles “that set out children’s rights and how governments should work together to make them available to all children”  (Save the Children, n.d.). According to the Convention, governments are bound to meet the basic needs of children and help them to achieve their full potential. Justice related rights for children in the CRC include:

  • Protection and care by parents, or others when necessary, consistently meeting the appropriate standards. 
  • Assurance by governments to do everything in their power to ensure that every child in their country can enjoy all the rights set out in this Convention.
  • Children’s right to express their views freely on matters that concern them and adults taking these views seriously.
  • Government protection from violence, abuse, and neglect by caregivers (UNICEF, n.d.).

The CRC officially entered into force in September 1990 and has been ratified by 195 countries, making it the most widely ratified human rights treaty in the world. Only two countries, the United States and Somalia, have not ratified the Convention.

There are also three agreements, called Optional Protocols, which strengthen the CRC and add other unique rights for children. They are optional because governments that ratify the Convention can decide whether or not to sign these optional protocols (UNICEF UK, 2019). These are: 

Guidelines, principles, and rules of justice

There are numerous existing international rules governing justice for children, and these are necessary as they indicate how States should address the treatment of children who encounter the justice system on any grounds. The Guidelines and Rules hereunder are commonly referred to as “soft law” instruments, because while they provide guidance, they are not legally binding.

  • The Riyadh Guidelines (UN Guidelines for the Prevention of Juvenile Delinquency): The Riyadh guidelines assert the priority of reducing juvenile delinquency in order to reduce crime, the need to implement the guidelines using a child-centred approach, and the shared responsibility for the well-being of children from an early age.
  • The Beijing Rules (UN Standard Minimum Rules for the Administration of Juvenile Justice): The Beijing Rules provide States parties with guidelines on the elaboration of the juvenile justice system and put forward numerous fundamental rules for such system. 
  • The Havana Rules (UN Rules for the Protection of Juveniles Deprived of their Liberty): The Havana Rules were introduced to foster the use of alternatives to imprisonment of children and to guarantee the protection of the fundamental rights of juveniles in detention. 
  • The Tokyo Rules (UN Standard Minimum Rules for Non-Custodial Measures): The Tokyo Rules set out a series of fundamental principles designed to promote the use of non-custodial measures and sanctions, as well as minimum safeguards for persons subject to alternative measures to imprisonment.
  • The Guidelines for Action on Children in the Criminal Justice System: These guidelines provide a framework to implement the CRC and to pursue the goals set forth in the Convention, and to facilitate the provision of assistance to States parties for the effective implementation of the CRC.
  • The UN Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters: The Principles encourages a restorative approach by States parties whenever there is sufficient evidence to charge the offender and with the free and voluntary consent of the victim and the offender. The Principles also encourage States parties to develop further restorative programmes.
  • The Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime: These Guidelines ensure that adults in the justice system talk to the child in a place where the child feels comfortable and safe as well as talk in a language that the child uses and understands throughout the justice process (Joutsen, 2017).

While remaining theoretically sound, the set of rules and guidelines offer a promise of fairness that is not fulfilled in practice. Some rules and guidelines are simply not accessible to children, due to unawareness of their rights, inability to contact a lawyer or financial constraints. This is particularly the case for vulnerable children, including those from minority groups, children with disabilities, migrant children and children incarcerated in prisons, detention centres or other places which deprive them of their liberty.

The justice systems are also not sufficiently equipped to respond to children’s rights and needs. Justice professionals – police, prosecutors, lawyers, and judges – do not always have the specialised training required to assist child survivors, victims, witnesses, or alleged perpetrators. Many fail to understand the gendered vulnerabilities that children face when they encounter the justice system. In certain places, even social workers, trained to be the first line of response to children in need, are not recognised or do not have sufficient resources to help them seek protection and justice safely (UNICEF, n.d.).

Towards a child-friendly justice

All States should ensure children have access and are included in a “justice that is accessible, age appropriate, speedy, diligent, adapted to and focused on the needs and rights of the child” (UNICEF, 2022). By guaranteeing and respecting children’s rights as enshrined in various Charters and Conventions, and by abiding by the existing guidelines and rules of justice for children, States can ensure that all children have access to specialized and efficient justice systems that prioritize the best interest of the child (UNICEF, 2022).

Most importantly, the Committee on the Rights of the Child emphasizes amending laws regarding enhancing children’s right to be heard, developing policies, allocating more resources and, in general, paying greater attention to this right in practice (Joutsen, 2017). While the United Nations standards and norms on juvenile justice mark a change in approach, States parties must comply with this benchmark and adapt their laws, regulations, and policies to uphold and respect the best interests of children.

Written by Moïra Phuöng Van de Poël

Internally proofread by Aditi Partha 

Last updated on 9 June 2024

Bibliography: 

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Save the Children (n.d.). UN Convention on the Rights of the Child. Retrieved from Save the Children at https://www.savethechildren.org.uk/what-we-do/childrens-rights/united-nations-convention-of-the-rights-of-the-child#:~:text=The%20UNCRC%20consists%20of%2054,them%20reach%20their%20full%20potential, accessed in May 2024.

UNICEF (n.d.). Convention on the Rights of the Child – The Children’s version. Retrieved from UNICEF: https://www.unicef.org/media/60981/file/convention-rights-child-text-child-friendly-version.pdf, accessed in May 2024.

UNICEF. (2022, November). Introduction to the Five Advocacy Briefs on Child Justice & Child Friendly Justice. Retrieved from UNICEF at https://www.unicef.org/eca/media/27681/file/Five%20Advocacy%20Briefs%20%20on%20Child%20Justice%20&%20Child%20%20Friendly%20Justice:%20Introduction.pdf, accessed in May 2024.

UNICEF. (n.d.). Justice for children. Retrieved from UNICEF at https://www.unicef.org/protection/justice-for-children, accessed in May 2024.

UNICEF UK (2019). A summary of the UN Convention on the Rights of the Child. Retrieved from UNICEF UK at https://www.unicef.org.uk/wp-content/uploads/2019/10/UNCRC_summary-1_1.pdf, accessed in May 2024.

United Nations Economic and Social Council (1997). Guidelines for Action on Children in the Criminal Justice System. Retrieved from United Nations Economic and Social Council at https://www.ohchr.org/en/instruments-mechanisms/instruments/guidelines-action-children-criminal-justice-system, accessed in June 2024.

United Nations Economic and Social Council (2002). Basic principles on the use of restorative justice programmes in criminal matters. Retrieved from United Nations Economic and Social Council at https://digitallibrary.un.org/record/469889?ln=en&v=pdf, accessed in June 2024.

United Nations Economic and Social Council (2005). Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime. Retrieved from United Nations Economic and Social Council at https://www.un.org/en/ecosoc/docs/2005/resolution%202005-20.pdf, accessed in June 2024.

United Nations General Assembly (1985). tandard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules). Retrieved from United Nations General Assembly at https://www.ohchr.org/en/instruments-mechanisms/instruments/united-nations-standard-minimum-rules-administration-juvenile, accessed in June 2024.

United Nations General Assembly (1990). Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines). Retrieved from United Nations General Assembly at https://www.ohchr.org/en/instruments-mechanisms/instruments/united-nations-guidelines-prevention-juvenile-delinquency-riyadh, accessed in June 2024.

United Nations General Assembly (1990). Minimum Rules for Non-custodial Measures (The Tokyo Rules). Retrieved from United Nations General Assembly at https://www.ohchr.org/sites/default/files/Documents/ProfessionalInterest/tokyorules.pdf, accessed in June 2024.

United Nations General Assembly (1990). Rules for the Protection of Juveniles Deprived of their Liberty. Retrieved from United Nations General Assembly at https://www.ohchr.org/en/instruments-mechanisms/instruments/united-nations-rules-protection-juveniles-deprived-their-liberty, accessed in June 2024. 

United Nations Secretary General (2008, September). Guidance note on the UN Approach to justice for children. Retrieved from United Nations Secretary General at https://www.unodc.org/pdf/criminal_justice/Guidance_Note_of_the_SG_UN_Approach_to_Justice_for_Children.pdf, accessed in May 2024.