International and regional human rights norms and standards

There are a series of international instruments in relation to children in the criminal justice system that can be grouped as shown in the following table. The shaded instruments are legally binding on states that have ratified them. However, all other guidelines and rules still carry the authority of the UN or regional inter-governmental bodies and can be used to support advocacy based on the legally binding instruments. Together they represent the ‘best practice’ for a humane, fair, efficient and effective justice system.

For the purposes of juvenile justice reform, the international instruments most commonly referred to are: the UNCRC, Riyadh Guidelines, Beijing Rules, JDLs, Tokyo Rules and Vienna Guidelines. A very short summary of each is provided here. For full texts of the instruments, see International Human Rights Standards.
At the regional level the African Charter on the Rights and Welfare of the Child has specific references to juvenile justice and a brief summary of is also included here.

Brief overview of key international instruments

1. UN Convention on the Rights of the Child (CRC)
The CRC is the most important legal instrument in relation to juvenile justice because it is legally binding on all members of the United Nations, except Somalia and the USA (as they have not ratified the Convention). It is therefore more powerful and more widely applicable than some of the other instruments. It defines ‘children’ as all people under the age of 18. The most specific articles in relation to juvenile justice are Articles 37 and 40. However, the CRC is not just a list of separate articles. It was designed to look at children as entire human beings. It is therefore very important to set Articles 37 and 40 in the context of the overall framework of the CRC and its main ‘umbrella rights.’ These include: Art. 6 (the right to life, survival and development); Art. 3.1 (the best interests of the child as a primary consideration); Art. 2 (non-discrimination on any grounds); Art. 12 (the right to ‘participation’); Art. 4 (implementation – including of economic, social and cultural rights to the maximum extent of available resources). Other CRC articles relevant to street children and juvenile justice, including aspects of prevention, are Articles 3.3, 9, 13, 14, 15, 16, 17, 19, 20, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 36 and 39.

2.  UN Guidelines for the Prevention of Juvenile Delinquency: the ‘Riyadh Guidelines’
The Riyadh Guidelines represent a comprehensive and proactive approach to prevention and social reintegration, detailing social and economic strategies that involve almost every social area: family, school and community, the media, social policy, legislation and juvenile justice administration. Prevention is seen not merely as a matter of tackling negative situations, but rather a means of positively promoting general welfare and well-being. It requires a more proactive approach that should involve “efforts by the entire society to ensure the harmonious development of adolescents”. More particularly, countries are recommended to develop community-based interventions to assist in the prevention of children coming into conflict with the law, and to recognise that ‘formal agencies of social control’ should be utilised only as a means of last resort. General prevention consists of “comprehensive prevention plans at every governmental level” and should include: mechanisms for the co-ordination of efforts between governmental and non-governmental agencies; continuous monitoring and evaluation; community involvement through a wide range of services and programmes; interdisciplinary co-operation; and youth participation in prevention policies and processes. The Riyadh Guidelines also call for the decriminalization of status offences and recommend that prevention programmes should give priority to children who are at risk of being abandoned, neglected, exploited and abused.

3. UN Minimum Rules for the Administration of Juvenile Justice: the ‘Beijing Rules’
The Beijing Rules provide guidance to states on protecting children’s rights and respecting their needs when developing separate and specialised systems of juvenile justice. They were the first international legal instrument to comprehensively detail norms for the administration of juvenile justice with a child rights and child development approach. They pre-date the CRC, are specifically mentioned in the CRC Preamble, and have several of their principles incorporated into the body of the CRC. The Rules encourage: the use of diversion from formal hearings to appropriate community programmes; proceedings before any authority to be conducted in the best interests of the child; careful consideration before depriving a juvenile of liberty; specialised training for all personnel dealing with juvenile cases; the consideration of release both on apprehension and at the earliest possible occasion thereafter; the organisation and promotion of research as a basis for effective planning and policy formation. According to these Rules, a juvenile justice system should be fair and humane, emphasize the well being of the child and ensure that the reaction of the authorities is proportionate to the circumstances of the offender as well as the offence. The importance of rehabilitation is also stressed, requiring necessary assistance in the form of education, employment or accommodation to be given to the child and calling upon volunteers, voluntary organisations, local institutions and other community resources to assist in that process.

4. UN Rules for the Protection of Juveniles Deprived of their Liberty: the JDLs
This very detailed instrument sets out standards applicable when a child (any person under the age of 18) is confined to any institution or facility (whether this be penal, correctional, educational or protective and whether the detention be on the grounds of conviction of, or suspicion of, having committed an offence, or simply because the child is deemed ‘at risk’) by order of any judicial, administrative or other public authority. In addition, the JDLs include principles that universally define the specific circumstances under which children can be deprived of their liberty, emphasising that deprivation of liberty must be a last resort, for the shortest possible period of time, and limited to exceptional cases. In the context where deprivation of liberty is unavoidable, detailed minimum standards of conditions are set out. The JDLs serve as an internationally accepted framework intended to counteract the detrimental effects of deprivation of liberty by ensuring respect for the human rights of children.

5. UN Standard Minimum Rules for Non-Custodial Measures: The Tokyo Rules
The Rules are intended to promote greater community involvement in the management of criminal justice, especially in the treatment of offenders, as well as to promote among offenders a sense of responsibility towards society. When implementing the Rules, governments shall endeavour to ensure: proper balance between the rights of individual offenders, victims and concern of society for public safety and crime prevention. In order to provide greater flexibility consistent with the nature and gravity of the offence, with the personality and background of the offender and with the protection of society and to avoid unnecessary use of imprisonment, the criminal justice system should provide a wide range of non-custodial measures, from pre-trial to post sentencing dispositions. Where appropriate and compatible with the legal system, the police, the prosecution service or other agencies dealing with criminal cases should be empowered to discharge the offender if they consider that it is not necessary to proceed with the case for the protection of society, crime prevention or the promotion of respect for the law and the rights of victims.

6. UN Resolution 1997/30 – Administration of Juvenile Justice: the ‘Vienna Guidelines’ (1997)
This UN Resolution (also known as the Vienna Guidelines) provides an overview of information received from governments about how juvenile justice is administered in their countries and in particular about their involvement in drawing up national programmes of action to promote the effective application of international rules and standards in juvenile justice. The document contains as an annex Guidelines for Action on Children in the Criminal Justice System, as elaborated by a meeting of experts held in Vienna in February 1997. This draft programme of action provides a comprehensive set of measures that need to be implemented in order to establish a well-functioning system of juvenile justice administration according to the CRC, Riyadh Guidelines, Beijing Rules and JDLs.

7. African Charter on the Rights and Welfare of the Child (ACRWC)
The ACRWC can be considered as an adaptation of the CRC to the regional context of Africa. It was drafted by the Organisation of African Unity (now known as the African Union) and it guarantees children’s basic rights within the context of African culture.  As with the CRC, the ACRWC contains a broad range of socio-economic provisions that can be referred to holistically, as well as the specific juvenile justice provisions of Article 17.


This section is taken from Wernham, M., An Outside Chance: Street Children and Juvenile Justice – An International Perspective, Consortium for Street Children, 2004, pp.38-39, drawing on sources such as Roy, N. and Wong, M., Juvenile Justice Review and Training Documents prepared for Save the Children UK, 2002-3; Penal Reform International, International Instruments Governing the Rights of Children in Conflict with the Law; Philippine manual, pp.124-246.