child, and should clearly state the date on which the Plan would be deemed complete (Article 25(b)
5).
An additional opportunity for children’s participation also arises if and when a magistrate/judge
decides to direct the child towards the Diversion System while the case is being heard at court.
‘However, such a decision can be taken by the judge with the consent of the child or that of the
child’s guardian’ (Article 28(a)).
Children’s participation is also implicit in the Bill’s provisions that allow judges the discretion to
pass a deferred or suspended sentence on child offenders (Article 28(b) 1,2). Both types of
sentences require the child to agree to particular conditions and forms of behaviour in exchange for
the deferral or suspension of the sentence. Article 28(e) also emphasises the need to ‘release the
child as soon as possible’ from detention and to, as much as possible, carry out all reform activity
without holding the child in any form of detention.
If a child is being enrolled in the Diversion System, Article 30(b) of the Bill requires that the child
be informed ‘verbally and in writing’ of his/her duties as well as rights. Should a Diversion Order
be changed or cancelled, Article 31(d) provides the child with the right to appeal such a decision.
As previously mentioned, despite its progressive nature and potential for affecting positive change,
the Bill remains in limbo at the Majlis.
Alternative care
It should be noted at the outset that when it comes to children in conflict with the law that need to
be put into alternative care, there are no facilities anywhere in the country for girls. This is a form
of gender discrimination at the State level that should not be occurring, and which the State should
address as a matter of urgency.
The Minimum Standards at Alternative Care Institutions for Children is the overarching legal
mechanism that governs matters related to children in alternative care. It is one of the most
progressive child-related legal instruments passed in the country so far. It provides, along with
support for other children’s rights, several provisions that explicitly facilitate and encourage
children’s participation in decisions that affect their lives. The Regulations require, for example,
that the institution’s policy and standards of operation be written down (Article 2 (a)), and should
include:
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Vision and goals of the institution;
State obligations under the UNCRC, other international treaties, and the Law on
protection of children’s rights (9/91);
Details of a complaints mechanism available for children at the institution;
Whether or not children can be held at the institution in an emergency situation, and the
policy of doing so.
Article 2 (a)3 requires each establishment to set up a mechanism through which children can make
complaints. Article 2 (d) also provides that a copy of the mission statement be made available to
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