2.8.9. The right to appeal The CRC, ACRWC and ICCPR highlight that a child has a right to appeal to a higher court against a decision by which he is found guilty of the charge brought against him.44 The appeal should be determined as speedily as possible. 2.8.10. Full respect of privacy The child should have his privacy respected from arrest until the final decision is made by the court. 45 The child should not be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, and unlawful attacks on his honour and reputation.46 This is to avoid harm being caused to a child by undue publicity or by the process of labeling. In principle, no information that may lead to the identification of the juvenile offender should be published.47 The Committee has recommended that States Parties introduce the rule that all hearings of these cases should be conducted behind closed doors with the exception of the presence of experts or other professionals with a special permission of the court.48 2.9. IMPRISONMENT AS A LAST RESORT Detention of a child should be in conformity with the law and used as a measure of last resort and for the shortest period of time.49 The liberty of children is important as it promotes their right to survival and development. The State must therefore use other effective alternatives to imprisonment. Where the child is then detained as a last resort the duty lies with the State to make sure that the child's right to development is respected and promoted. The child should therefore “receive care, protection and all the necessary individual assistance which are social, educational, vocational, psychological, medical and physical that they may require in view of their age, sex and personality.”50 2.10. SEPARATION FROM ADULT PRISONERS International human rights law provides that children should be separated from the adult prisoners. 51 The CRC allows for a mixture of adults and children only when it is in the best interests of the child.52 Children by being young they tend to imitate what they see or hear and by keeping them among adult prisoners the juvenile justice system will do more harm than good. “The danger to juveniles of criminal contamination while in detention must not be underestimated.”53 Alternative measures which promote rehabilitation and reintegration must therefore be stressed. 2.11. SENTENCING OPTIONS Article 40(4) of the CRC provides the sentencing options available and suitable for children in contact with the law. It provides for care, guidance and supervision orders which include counseling, probation, foster care, education and vocational trainings. This is to ensure that children in contact with the law are dealt with in a manner appropriate to their wellbeing and proportionate both to their circumstances and the offence. 44 Article 40(2)(b)(v) of the CRC, Article 17(2)(iv) of the ACRWC and article 14(5) of the ICCPR Article 40(2)(b)(vii) of the CRC 46 Article 16 of the CRC and Article 10 of the ACRWC 47 The Beijing Rules op cit Rule 8 48 General Comment No. 10 (2007) op cit p15 49 Article 37(b) of the CRC, see also Article 9 of ICCPR 50 The Beijing Rules op cit Rule 13 51 Article 10(2)(b) and (3) of the ICCPR, and Article 17(2)(b) of the ACRWC 52 Article 37© of the CRC 53 The Beijing Rules op cit Rule 13 45 13

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