
Children who have committed a criminal offence usually get in trouble with the police and the Department of Justice. Juvenile offenders have a special position in the system of criminal law. They are first and foremost children, developing human beings that deserve to be treated in a manner which takes their age and their interests into account. Therefore, special provisions relating to the treatment of juveniles under criminal law have been inserted into the Dutch criminal code. That is what we call juvenile criminal justice.
Articles 37 and 40 of the Convention on the Rights of the Child (CRC) govern the protection of children who have committed a criminal offence. Amongst others, the CRC provides that the imprisonment of a child may only be used as a measure of last resort and for the shortest appropriate period of time. The detention of a child must happen in a manner which takes into account the needs of persons of his or her age.
Besides the CRC, there are some other UN documents that are relevant for children in conflict with the law. The Beijing Rules concern children in detention, the Havana Rules deal with juvenile criminal justice in general and the Riyadh Guidelines are on the prevention of juvenile delinquency.
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