Core Value 3: Accounts for individual differences

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  • 1. Effective access to justice for every person with disabilities is ensured on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their direct and indirect participation, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.[1]
  • 2. Every juvenile offender is segregated from adults and accorded treatment appropriate to his or her age and legal status.[2]
  • 3. Laws, procedures, authorities and institutions specifically applicable to children accused of or recognized as having infringed the law are promoted and established, in particular:

A minimum age below which children are presumed not to have the capacity to infringe the law; Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.[3]

  • 4. Every juvenile alleged as or accused of having infringed the law has the right to have his or her privacy[4] fully respected at all stages of the proceedings.[5]



See Core Values

References

  1. CRPD, Art. 13.
  2. ICCPR, Art. 10; CRC, Art. 40;International Convention on the Protection of All Migrant Workers and Membersof Their Families (CMW), Art. 18.
  3. CRC, Art. 40.
  4. The right to privacy does not mean excluding parents from the proceedings. See Committee on the Rights of theChild, General Comment No. 10: Children's Rights in Juvenile Justice, paras.23g, 23l, 9 Feb. 2007. "Privacy" means, among other things, that "[n]o information shall be published that may lead to the identification of a child offender" and that "court and other hearings of a child in conflict with the law should be conducted behind closed doors." Id.xvii CRC, Art. 40.
  5. "Discrimination" means any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, sexual orientation, gender identity, language, religion, political or other opinion, nationality, economic position, ethnic, indigenous or social origin, property, disability, birth, age or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms. See footnotes 21, 22, supra; HRC, General Comment No. 18: Non-discrimination, para. 7, 9 Nov. 1989; CERD, art. 1. Discrimination does not mean special measures or "affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination." provided that such measures are discontinued after the objectives for which they were taken have been achieved. HRC General Comment No. 18: Nondiscrimination, para. 10, 9 Nov. 1989; see also CERD art. 1. Discrimination based on age does not mean special measures that recognize children's status as vulnerable parties in the criminal justice system, such as requirements that children be separated from adults, or special privacy guarantees for children. See ICCPR, Art. 10; CMW, Art. 18; CRC, Art. 40; Committee on the Rights of the Child, General Comment No. 10: Children's Rights in Juvenile Justice, paras. 23g, 23l, 9 Feb. 2007.