possible356;
• prohibition of capital punishment357;
• most limited restriction on personal liberty as is
possible358;
• least possible use of institutionalization359;
• provision of education, vocational, or other rehabilitative services360 and attention to special
needs of females.361
177.
The Neuchâtel Memorandum on Good
Practices for Juvenile Justice in a Counterterrorism
Context362 provides specific guidance with respect
to terrorist contexts. The United Nations Guidelines
for the Prevention of Juvenile Delinquency (The
Riyadh Guidelines)363 and United Nations Rules
for the Protection of Juveniles Deprived of their
Liberty (the Havana Rules)364 are additional
standards on justice for children. They include the
right to an identity and a nationality, the right to
grow up in a family environment and the right to
special protection when deprived of that family
environment, as well as the right to legal counsel,
to be held separately from adults unless in their
356 Ibid., rules 13(1), 13(2).
357 Ibid., rule 17(2).
358 Ibid., rule 17(1).
359 Ibid., rule 19(1)
360 Ibid., rule 24(1).
361 Ibid., rule 26(4).
362 Global Counterterrorism Forum, Neuchâtel Memorandum on Good Practices for Juvenile Justice in a Counterterrorism Context, available at www.thegctf.org/Portals/1/
Documents/Toolkit-documents/English-Neuchâtel-Memorandum-on-Juvenile-Justice.pdf
363 General Assembly resolution 45/112 (1990), United Nations Guidelines for the Prevention of Juvenile Delinquency,
available at www.un.org/documents/ga/res/45/a45r112.htm
(the Riyadh Guidelines).
364 General Assembly resolution 45/113 (1990), United Nations Rules for the Protection of Juveniles Deprived of their
Liberty, available at www.ohchr.org/EN/ProfessionalInterest/Pages/JuvenilesDeprivedOfLiberty.aspx.
80.
best interests and to receive services while in detention.
178.
Importantly,
to
ensure
effective
implementation of these rights, it is critical that
personnel involved in the administration of juvenile
justice are competent and have proper training. They
should also be informed about each child’s individual
circumstances, as well as the needs of the most
vulnerable children.365
Example from France—Educating
professionals working with children
The Government of France has a small
group of trainers who provide training for all
professionals, such as judges, who work
with children affected by the foreign fighter
phenomenon. The trainers include judges
and
psychologists.
Training
covers
information about the trauma suffered by
children and the reality of life in conflict
zones. This training was found to be helpful as it enables children to establish better
relationships with these professionals if the
latter is aware of what each child has gone
through.
Detention as a last resort
179.
Children should be detained only as a
last resort, for the shortest possible period of
time. They should not be deprived of liberty for
protective purposes. Regardless of the nature of
the charges against them, children should not be
detained for administrative purposes. Children
formerly
associated
with
armed groups
365 Committee on the Rights of the Child, general comment
No. 24 (2019), para. 40.
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