UNCRC Article 40 Indicator Tables – GlobalChild Platform

	Attributes of Article 40
Structural Indicators as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights.	1. A specialised juvenile justice legislation and policies ensure: 1.1 Establishment of dedicated laws 1.2 Setting up of procedures 1.3 Designation of authorities and institutions 1.4 Implementation of appropriate pre- and in-service training. 2. A specialized legal framework establishes the Minimum Age of Criminal Responsibility (MACR) (14 years as the absolute minimum) and ensures that administration of juvenile justice: 2.1 Promotes the child’s sense of dignity and worth 2.2 Pursues an educative aim, meant to reinforce “the child’s respect for the human rights and fundamental freedoms of others” 2.3 Takes into account the child’s age 2.4 Takes into account the desirability of the child and facilitates “the child’s reintegration and the child’s assuming a constructive role in society” (which is in line with Article 29 of the CRC). 3. Ratification of human rights treaties relevant to Article 40 and harmonization of national legislation dealing with the administration of juvenile justice in compliance with the relevant international instruments.
	4. Legal and policy framework foresees the setting up of a diversion system based on at least the following features: 4.1 Diversion applies only where there is convincing evidence that the child has committed the alleged offence and voluntarily acknowledges responsibility 4.2 Free written consent is provided by the child and their legal representative(s) 4.3 Procedures suit the personal entitlements of each child (proportionate to the child’s circumstances and the offence committed) 4.4 Deprivation of liberty is used as a last resort and for the shortest appropriate period 4.5 The completion of the diversion results in a definite and final closure of the case	5. The legal framework guarantees that: 5.1 Children who commit an offence under the specified MACR cannot be formally charged or held responsible in a penal law procedure 5.2 Once a MACR is set, no exception should apply not even when serious offences are committed 5.3 If there is no reliable proof of age and it cannot be established, the child shall not be held criminally responsible and will benefit from the presumption of doubt	6. The law ensures the following legal rights to the children alleged or accused of having committed a crime: 6.1 The right to benefit from the principle of the presumption of innocence 6.2 The right be informed promptly and directly of their charges 6.3 The right to have appropriate assistance in the preparation and presentation of their defence and the right to call witnesses 6.4 The right to benefit from the ‘principle of equality’, if the case has not been diverted away from the juvenile justice system, which implies: 6.4.1 The right to see their case determined by a competent ‘independent and impartial authority or judicial body’, including administrative bodies. 6.4.2 The right to ‘have the matter determined without delay, in a fair hearing according to the law’. 6.4.3 The right to benefit from the presence of legal or other appropriate assistance to allow the child to directly or indirectly participate in the procedure. 6.5 The right to remain silent and to do not be obliged to give testimony or to confess guilt and the right to not be asked to give/swear an oath 6.6 The right to have the free assistance of an interpreter, in a court trial as well as to all stages of the juvenile justice process, in the case in which the child cannot understand the language used 6.7 The right to have the free specialized assistance for children with speech or other disabilities impairment to understand the language used in the process 6.8 The right to appeal and to see their conviction and sentence being reviewed by a higher tribunal Article 14(5) ICCPR 6.9 The right to full respect of the child’s privacy in all stages of the proceedings 7. The law ensures children benefit from the principle of non-retroactivity of the penal law.
Process Indicators refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.	8. Measures for prevention of children’s offending behaviour are in place. 9. Rehabilitation and integration/ reintegration measures are in place for children within and exiting the judicial system. 10. Specialized authorities and institutions are in place at every stage of juvenile justice.	11. A range of measures as alternatives to institutional care is in place. 12. A range of measures and services to avoid judicial proceedings are in place, especially diversion measures and restorative justice measures.	13. Regular reviews (as defined within your juvenile justice legislation) to ensure the correct implementation of the MACR and the fair trial principles. 14. A complaints system easily accessible to children is in place in cases of violations of the MACR and the fair trial principles.
	15. The existence of a process of accreditation for specialized legal representatives (e.g. lawyers, social workers). 16. Specialized child-friendly hearing systems are available before, during and after the trial.
17. The existence of a system guaranteeing regular independent inspection of places of rehabilitation, care or/and limitation/deprivation of liberty. (Adapted from UNODC – UNICEF) 18. The existence of a complaints system for children places of rehabilitation, care or/and limitation/deprivation of liberty. (Adapted from UNODC – UNICEF)
Outcome Indicators refers to a measurable resultant change either in the “rights environment” or directly in lives of children.	19. Percentage of children in conflict with the law broken down by age, gender and type of offense.	20. Percentage of children diverted or sentenced who enter a pre-sentence diversion scheme (UNODC – UNICEF) 21. Average duration (in weeks) of pre-sentence detentions (Adapted from UNODC–UNICEF) 22. ^{SDG 16.3.2 (Adapted)}Proportion of children in pre-sentence detention. (Art 37-Ind 24) (Adapted from UNODC – UNICEF) 23. Percentage of children sentenced receiving a custodial sentence broken down by age, gender and type of offence. (UNODC – UNICEF) 24. Percentage of children released from detention receiving aftercare. (UNODC – UNICEF)	25. Percentage of children illegally charged or held responsible in a formal penal law procedure under the MACR.	26. Percentage of attorneys specialized in juvenile justice accredited at the national level. 27. Average waiting times before cases come to court and average duration of the proceeding (in weeks). 28. Percentage of professional specialized interpreters in the Juvenile Justice system.
29. Percentage of children in detention who have been visited by, or visited, parents, guardian or an adult family member in the last 3 months. (UNODC – UNICEF)

Attributes of Article 40

Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable

The specialized juvenile justice system and the related comprehensive policy

The diversion process and alternatives measures to institutionalization

The establishment of the MACR

Fair trial principles for children

Structural

Indicators

as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights.

1. A specialised juvenile justice legislation and policies ensure:

1.1 Establishment of dedicated laws

1.2 Setting up of procedures

1.3 Designation of authorities and institutions

1.4 Implementation of appropriate pre- and in-service training.

2. A specialized legal framework establishes the Minimum Age of Criminal Responsibility (MACR) (14 years as the absolute minimum) and ensures that administration of juvenile justice:

2.1 Promotes the child’s sense of dignity and worth

2.2 Pursues an educative aim, meant to reinforce “the child’s respect for the human rights and fundamental freedoms of others”

2.3 Takes into account the child’s age

2.4 Takes into account the desirability of the child and facilitates “the child’s reintegration and the child’s assuming a constructive role in society” (which is in line with Article 29 of the CRC).

3. Ratification of human rights treaties relevant to Article 40 and harmonization of national legislation dealing with the administration of juvenile justice in compliance with the relevant international instruments.

4. Legal and policy framework foresees the setting up of a diversion system based on at least the following features:

4.1 Diversion applies only where there is convincing evidence that the child has committed the alleged offence and voluntarily acknowledges responsibility

4.2 Free written consent is provided by the child and their legal representative(s)

4.3 Procedures suit the personal entitlements of each child (proportionate to the child’s circumstances and the offence committed)

4.4 Deprivation of liberty is used as a last resort and for the shortest appropriate period

4.5 The completion of the diversion results in a definite and final closure of the case

5. The legal framework guarantees that:

5.1 Children who commit an offence under the specified MACR cannot be formally charged or held responsible in a penal law procedure

5.2 Once a MACR is set, no exception should apply not even when serious offences are committed

5.3 If there is no reliable proof of age and it cannot be established, the child shall not be held criminally responsible and will benefit from the presumption of doubt

6. The law ensures the following legal rights to the children alleged or accused of having committed a crime:

6.1 The right to benefit from the principle of the presumption of innocence

6.2 The right be informed promptly and directly of their charges

6.3 The right to have appropriate assistance in the preparation and presentation of their defence and the right to call witnesses

6.4 The right to benefit from the ‘principle of equality’, if the case has not been diverted away from the juvenile justice system, which implies:

6.4.1 The right to see their case determined by a competent ‘independent and impartial authority or judicial body’, including administrative bodies.

6.4.2 The right to ‘have the matter determined without delay, in a fair hearing according to the law’.

6.4.3 The right to benefit from the presence of legal or other appropriate assistance to allow the child to directly or indirectly participate in the procedure.

6.5 The right to remain silent and to do not be obliged to give testimony or to confess guilt and the right to not be asked to give/swear an oath

6.6 The right to have the free assistance of an interpreter, in a court trial as well as to all stages of the juvenile justice process, in the case in which the child cannot understand the language used

6.7 The right to have the free specialized assistance for children with speech or other disabilities impairment to understand the language used in the process

6.8 The right to appeal and to see their conviction and sentence being reviewed by a higher tribunal Article 14(5) ICCPR

6.9 The right to full respect of the child’s privacy in all stages of the proceedings

7. The law ensures children benefit from the principle of non-retroactivity of the penal law.

Process

Indicators

refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.

8. Measures for prevention of children’s offending behaviour are in place.

9. Rehabilitation and integration/ reintegration measures are in place for children within and exiting the judicial system.

10. Specialized authorities and institutions are in place at every stage of juvenile justice.

11. A range of measures as alternatives to institutional care is in place.

12. A range of measures and services to avoid judicial proceedings are in place, especially diversion measures and restorative justice measures.

13. Regular reviews (as defined within your juvenile justice legislation) to ensure the correct implementation of the MACR and the fair trial principles.

14. A complaints system easily accessible to children is in place in cases of violations of the MACR and the fair trial principles.

15. The existence of a process of accreditation for specialized legal representatives (e.g. lawyers, social workers).

16. Specialized child-friendly hearing systems are available before, during and after the trial.

17. The existence of a system guaranteeing regular independent inspection of places of rehabilitation, care or/and limitation/deprivation of liberty. (Adapted from UNODC – UNICEF)

18. The existence of a complaints system for children places of rehabilitation, care or/and limitation/deprivation of liberty. (Adapted from UNODC – UNICEF)

Outcome

Indicators

refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

19. Percentage of children in conflict with the law broken down by age, gender and type of offense.

20. Percentage of children diverted or sentenced who enter a pre-sentence diversion scheme (UNODC – UNICEF)

21. Average duration (in weeks) of pre-sentence detentions (Adapted from UNODC–UNICEF)

22. ^{SDG 16.3.2 (Adapted)}Proportion of children in pre-sentence detention. (Art 37-Ind 24) (Adapted from UNODC – UNICEF)

23. Percentage of children sentenced receiving a custodial sentence broken down by age, gender and type of offence. (UNODC – UNICEF)

24. Percentage of children released from detention receiving aftercare. (UNODC – UNICEF)

25. Percentage of children illegally charged or held responsible in a formal penal law procedure under the MACR.

26. Percentage of attorneys specialized in juvenile justice accredited at the national level.

27. Average waiting times before cases come to court and average duration of the proceeding (in weeks).

28. Percentage of professional specialized interpreters in the Juvenile Justice system.

29. Percentage of children in detention who have been visited by, or visited, parents, guardian or an adult family member in the last 3 months. (UNODC – UNICEF)