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CONVENTION ON THE RIGHTS OF THE CHILD

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.

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CONVENTION ON THE RIGHTS OF THE CHILD

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  1. 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

  2. Principle of proportionality ACTION • Appropriate to circumstances • Appropriate to child • Appropriate to facts • Appropriate to goals

  3. Justice

  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. Alternative measures • Resolve conflicts • Establish peace • Question the exclusive rights of the State to mete out 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

  6. Diversion from the formal juvenile justice system: • Mediation financially • Reparation - through work • Caution • Diversion from custody: • Probation and suspended or conditional imprisonment with supervision • Community service • Youth contracts • Group homes • Group counseling • Wilderness training • Conditional sentence without supervision • Penal warnings • Fine compensation payment • Compensation personal reparation • Reconciliation • Confiscation

  7. Course of Procedure for Alternatives Offence Report to police Prosecutor Suspension Alternatives Court (by social services Allocation mediator) by judge Report for social services (mediator) to prosecutor or judge

  8. How to realize this goalSpecial legislation providing for:

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