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

Principle of proportionality ACTION  Appropriate to circumstances  Appropriate to child  Appropriate to facts  Appropriate to goals

Justice RetributiveRestorative Violation of lawOf persons/relations CulpabilityResponsibility PunishmentReparation Orientation: pastFuture Punishment to add wrong to wrongFor restitution for wrong Perpetrator is denouncedWrong is denounced Justice dividesJustice unites Needs of victim neglectedNeeds are central Trial separates partiesReconciles parties Wrong caused by perpetrator balanced by wrong for him Balanced by positive act(ion) State has monopoly to deal with the wrongdoing Role of perpetrator, victim and community recognized

Develop a variety of dispositions such as:  Care  Guidance  Supervision orders  Counseling  Probation  Foster care  Education  Vocational training programmes  Alternatives to institutional care

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 procedureDiversion During trial: Instead of condemnation After trial: Instead of sanction

1)Diversion from the formal juvenile justice system:  Mediation financially  Reparation- through work  Caution 2)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  Finecompensation payment  Compensation personal reparation  Reconciliation  Confiscation

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

How to realize this goal Special legislation providing for: Alternatives  To procedure  To sentencing  To punishment  To enforcement Network of Institutions[ Non-institutional  NGOs  Social Services Institutional  Open facilities  Halfway houses  Correctional centers  Detention Centers  Special clinics (drugs) Training  Police  Judiciary  Lawyers  Social workers  Prison staff  Media  Civil society Separated Together – regular meetings