CHILD RIGHTS IN THE CRIMINAL JUSTICE SYSTEM: NEED FOR LAW REFORM their specific needs and the protections that they should be accorded.60 The Criminal Justice System is not suitable for children; we need reform to protect the rights of the child. In the JJ Act, 2015, we need an alternate system, different from the current criminal justice system to deal with 16-18 years old children who have committed a heinous crime. The United Nations Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters,61 as well as the United Nations Handbook on Restorative Justice Programmes62 have provided an international framework for work in this field. In different regions, there are significant developments in the process of law reform and restorative justice programmes for child offenders. We need to adapt a suitable model of restorative justice. Alternative dispute mechanisms also need to be explored keeping the best interest of the child in mind. In Norway, where the minimum age of criminal responsibility is 15 years, a legislative amendment on the Juvenile System was enacted in December 2011.63 It applies to children between 15 and 18 years, who have committed serious or repeated offences. In the new system, the sanction will be imposed locally, where the convicted young person lives. Imprisonment sentences will be replaced by social control and close follow-up, including full involvement of the offender, the offender’s “private network”, the various elements of the justice system and other public bodies, all of which will contribute to an individualised follow-up process. Victims may also be involved at their own request. The objective is to give the convicted child an enhanced understanding of the consequences of his/her act for everyone affected, while guaranteeing him/her the necessary aid and support. The key factor is to strengthen the young person’s resources to deal with his or her own criminal act. The legislative changes also introduced extensive community service orders for offenders between 15 and 18 years as an alternative to unsuspended prison sentences.64 60 61 62 63 64 Joint report of the Office of the High Commissioner for Human Rights, the United Nations Office on Drugs and Crime and the Special Representative of the Secretary-General on Violence against Children on prevention of and responses to violence against children within the juvenile justice system. Available at: https://www.ohchr.org/sites/default/files/Documents/HRBodies/HRCouncil/RegularSession/ Session21/A-HRC-21-25_en.pdf. Accessed on Sept. 10, 2022 Economic and Social Council Resolution 2002/12. UNODC Handbook on Restorative Justice Programmes, available from: http://www.unodc.org/pdf/criminal_justice/06-56290_Ebook.pdf Ibid supra 44 Ibid supra 44 67