3
3.2 Efforts shall be made to extend the principles embodied in the Rules to all juveniles who
are dealt with in welfare and care proceedings.
3.3 Efforts shall also be made to extend the principles embodied in the Rules to young adult
offenders.
Commentary
Rule 3 extends the protection afforded by the Standard Minimum Rules for the Administration
of Juvenile Justice to cover:
( a ) The so-called "status offences" prescribed in various national legal systems where the
range of behaviour considered to be an offence is wider for juveniles than it is for adults (for
example, truancy, school and family disobedience, public drunkenness, etc.) (rule 3.1);
( b ) Juvenile welfare and care proceedings (rule 3.2);
( c ) Proceedings dealing with young adult offenders, depending of course on each given age
limit (rule 3.3).
The extension of the Rules to cover these three areas seems to be justified. Rule 3.1 provides
minimum guarantees in those fields, and rule 3.2 is considered a desirable step in the
direction of more fair, equitable and humane justice for all juveniles in conflict with the law.
4 . Age of criminal responsibility
4.1 In those legal systems recognizing the concept of the age of criminal responsibility for
juveniles, the beginning of that age shall not be fixed at too low an age level, bearing in mind
the facts of emotional, mental and intellectual maturity.
Commentary
The minimum age of criminal responsibility differs widely owing to history and culture. The
modern approach would be to consider whether a child can live up to the moral and
psychological components of criminal responsibility; that is, whether a child, by virtue of her
or his individual discernment and understanding, can be held responsible for essentially
antisocial behaviour. If the age of criminal responsibility is fixed too low or if there is no lower
age limit at all, the notion of responsibility would become meaningless. In general, there is a
close relationship between the notion of responsibility for delinquent or criminal behaviour and
other social rights and responsibilities (such as marital status, civil majority, etc.).
Efforts should therefore be made to agree on a reasonable lowest age limit that is applicable
internationally.
5. Aims of juvenile justice
5. 1 The juvenile justice system shall emphasize the well-being of the juvenile and shall
ensure that any reaction to juvenile offenders shall always be in proportion to the
circumstances of both the offenders and the offence.
Commentary
Rule 5 refers to two of the most important objectives of juvenile justice. The first objective is
the promotion of the well-being of the juvenile. This is the main focus of those legal systems
in which juvenile offenders are dealt with by family courts or administrative authorities, but
the well-being of the juvenile should also be emphasized in legal systems that follow the
criminal court model, thus contributing to the avoidance of merely punitive sanctions. (See
also rule 14.)