Toolkit on Diversion and Alternatives to Detention

International Instruments

• Overview
• International - specific to children
• International - apply to both children and adults
• Regional - specific to children
• Regional - apply to both children and adults
• Restorative justice
 
Overview
The instruments below include only those relevant to diversion, alternatives and restorative justice. They are presented in the same order in which they appear in the summary produced for this toolkit and which is included again here for reference: 'International human rights instruments relevant to diversion and alternatives to detention – summary of provisions and commentary' [Word, 218kb] 
 
International - specific to children:
• Convention on the Rights of the Child (1989)
• Committee on the Rights of the Child – General Comment No. 10 (2007) – Children’s rights in juvenile justice
• General Comment No. 12 (2009) – Right of the child to be heard
• General Comment No. 9 (2006) - The rights of children with disabilities
• General Comment No. 11 (2009) – Indigenous children and their rights under the Convention
• United Nations Standard Minimum Rules for the Administration of Juvenile Justice (‘Beijing Rules’) (1985)
• United Nations Rules for the Protection of Juveniles Deprived of their Liberty (‘JDLs’ or ‘Havana Rules’) (1990)
• United Nations Guidelines for the Prevention of Juvenile Delinquency (‘Riyadh Guidelines’) (1990)
• Guidelines for Action on Children in the Criminal Justice System (Annex to UN Resolution 1997/30 – Administration of Juvenile Justice (‘Vienna Guidelines’) (1997)
• United Nations Common Approach to Justice for Children (2008) and Guidance Note of the Secretary-General (2008)

International - apply to both children and adults:
• International Covenant on Civil and Political Rights (ICCPR) (1966)
• United Nations Standard Minimum Rules for Non-custodial Measures (‘Tokyo Rules’) (1990)
• Standard Minimum Rules for the Treatment of Prisoners (1955)
• Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988)
• Guidelines on the Role of Prosecutors (1990)

Regional - specific to children:
• [Organisation of African Unity] African Charter on the Rights and Welfare of the Child (ACRWC) (1990) 

Regional - apply to both children and adults:
• [Organisation of American States] American Convention on Human Rights (1978)
• [Council of Europe] Convention for the Protection of Human Rights and Fundamental Freedoms (1950 / as amended by Protocol No. 11 - 1998)
• [League of Arab States] Arab Charter on Human Rights (2004) 

Restorative justice:

• UN Basic Principles on the use of Restorative Justice Programmes in Criminal Matters (2002)
• UN Guidelines on Justice in Matters involving Child Victims and  Witnesses of Crime (2005) and UNODC / UNICEF Model Law and Related Commentary (2009)
• Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985)
• UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (2005)


 

 

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