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