Convention on the Rights of the Child

1
Convention on the Rights of the Child

• Justice Renate Winter

2
Convention on the Rights of the Child

• Art. 40
• Promotion of diversion
• States Parties seek to promote whenever
  appropriate and desirable measures for dealing
  with children without resorting to judicial
  proceedings providing that human rights and legal
  safeguards are fully respected

3
Alternative measures

• Resolve Conflicts
• Establish Peace
• Question the exclusive rights of the state for
  punishment
• Are embedded in the traditions of the state
• Before trial
• Instead of procedure Diversion
• During trial
• Instead of condemnation
• After trial
• Instead of sanction

4
Develop a variety of dispositions such as

• Care
• Guidance
• Supervision orders
• Counseling
• Probation
• Foster Care
• Education
• Vocational training programmes
• Alternatives to institutional care

5
Offence Police

• Prosecutor
• Closure of the file Decision
  for Demand for a
• without reaction mediation penalty
• Judge Court session
• Mediation
• Victim
• Offender Compensation
• -Emotional level
• -Material level
• Written contract / report to the mandator
• (Prosecutor / judge)
• Mediation succeded Mediation not succeded
• ? File closed ? Continuing court session

6
How to realise this goalSpecial legislation
providing for

• Alternatives
• To procedure
• To sentencing
• To punishment
• To enforcement

• Network of institutions
• Non-institutional
• NGOs
• Social services
• Institutional
• open facilities
• halfway houses
• Correctional centres
• detention centres
• special clinics (drugs)

• Training
• Police
• Judiciary
• Lawyers
• Social workers
• prison staff
• media
• Civil society
• Separated
• Together
• Regular meetings

7
Justice

• Retributive
• Violation of law
• Culpability
• Punishment
• Orientation past
• Punishment to add
• wrong to wrong
• Perpetrator is denounced
• Justice divides
• Needs of victim neglected

• Restorative
• Of persons / relations
• Responsibility
• Reparation
• Future
• For restitution for wrong
• Wrong is denounced
• Perpetrator is denounced
• Justice unites
• Needs are central