2.4. THE RIGHT TO BE HEARD Both the CRC and the ACRWC provide for the right of a child who is capable of forming and communicating his views, to freely express those views or opinions in all matters affecting him15. The views should be given due weight in accordance with the child’s age and maturity. The CRC particularly points out that a child should be provided with an opportunity to be heard either directly or through a representative in any judicial and administrative proceedings affecting him16. The child must therefore be informed not only of the charge but the juvenile justice process and possible measures that can be taken in dealing with his case. This right must be fully respected and implemented throughout every stage of the juvenile justice process17. The CRC committee has explained that in the context of judicial proceedings, implementation of this right involves five stages which are preparation, the hearing, assessment of the child’s capacity, information about the weight given to the child’s views and availability of complaints or appeal procedures and remedies.18 2.5. BEST INTERESTS OF THE CHILD One of the fundamental principles of children's human rights is the best interests of the child. This is contained in Article 3 of the CRC and Article 4 of the ACRWC. The principle, in summary, provides that in all actions concerning a child the primary consideration shall be the best interests of the child. In the context of juvenile justice the principle means that the “traditional objectives of criminal justice (repression/retribution) must give way to rehabilitation and restorative justice objectives in dealing with child offenders.”19 This takes into account the physical, emotional and psychological vulnerability of children. The ACRWC goes further to link this principle with an obligation to provide an opportunity to a child who is capable of communicating his views to be heard in judicial and administrative proceedings affecting him.20 2.6. DIGNITY AND RESPECT Article 37(c) of the CRC provides that a child deprived of liberty should be treated with humanity and respect for his inherent dignity. This is buttressed by Article 40(1) of the same Convention which requires that a child accused or recognized as having breached the penal law has the right to be treated in a manner consistent with his sense of dignity and worth. The ACRWC essentially recaptures these provisions in Article 17(1). This requires the elimination of all forms of violence in juvenile justice. This treatment should be accorded to the child throughout the whole process of juvenile justice. Such a child should also be treated in a manner that promotes his self respect and respect for the rights and fundamental freedoms of others21. The treatment of children within the juvenile justice system should be directed to the development of respect for human rights and freedoms. The officials within the juvenile justice system such as the police, prosecutors, magistrates and probation officers must respect and implement all the guarantees of a fair trial.22 15 See Article 12 of the CRC and Article 7 of the ACRWC Article 12 (2) of the CRC 17 Committee on the Rights of the Child, General Comment No. 10 (2007) Children’s Rights in Juvenile Justice CRC/C/GC/10 2 February 2007 p3 18 Committee of the Rights of the Child, General Comment No. 12 (2009), The Right to be Heard, U.N. Doc. CRC/C/GC/12 19 ibid p3 20 Article 4(2) of the ACRWC 21 Article 40(1) of the CRC and Article 17(1) of the ACRWC 22 General Comment No. 10 (2007) op cit p4 16 10