3. State Party Reports

Lebanon

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I. DEFINITION OF THE CHILD

5. The legislative texts in Lebanon are in conformity with the stipulation of article 1 of the Convention on the Rights of the Child, in which a child is defined as every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier. In the Lebanese legislation, a child is defined as follows:

(a) Article 4 of the Civil Code of 1951 states that the age of majority is 18 years;

(b) The Lebanese Penal Code stipulates that:

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(ii) Criminal proceedings cannot be brought against any minor under 7 years of age.

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6. The Lebanese Penal Code further includes the following definitions (art. 31 of Decree No. 112):

(a) A juvenile is every male or female over 7 and under 12 years of age;

(b) An adolescent is every person over 12 and under 15 years of age;

(c) A young person is every male or female between 15 and 18 years of age.

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III. CIVIL RIGHTS AND FREEDOMS

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C. The right to humane treatment (art. 37 (a))

31. Article 8 of the Lebanese Constitution stipulates that personal freedom is safeguarded by law and that no one can be arrested or imprisoned except by law.

32. Article 495 of the Penal Code punishes by imprisonment from six months to three years anyone who abducts a child, even if this happens with the child's own consent.

33. Decree No. 27 issued in 1959 states that if abduction takes place by force or by tricking the child, and if the minor is under 12, the punishment is imprisonment from 3-15 years accompanied by temporary hard labour. If abduction results in deprivation of liberty for over one month or in physical and moral torture, then the punishment is imprisonment and hard labour for life.

34. No minor under seven years of age can be legally sued or penalized when he or she commits a crime or violates the law in any way.

35. Protective and supervisory measures are imposed on children under 12 in the event of their committing a crime.

36. Disciplinary and reformative measures are imposed on criminal children between 12 and 15.

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VII. SPECIAL PROTECTION MEASURES

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B. Children in conflict with the law

1. The administration of juvenile justice (art. 40)

114. Article 29 of legislative Decree No. 119/1983 for the protection of juvenile delinquents states that court hearing charges brought against any juvenile shall be in a special court known as the "Juvenile Court". A special judge is appointed to this court. The court is assisted by the "Association for the Protection of Young People" which is officially recognized as a general interest association (art. 51 of the Law for the Protection of Young People).

115. The trial proceedings of the Juvenile Court are conducted in camera. Any investigations involving the young person, whether at the police station or by the judge, must take place in the presence of the Association delegate, a lawyer, and the child's parents. If the parents or the Association cannot afford to appoint a lawyer, the Juvenile Court itself will designate one (art. 45 of the Law for the Protection of Young People and art. 244 of the Penal Code).

116. It is not permitted to disseminate pictures or publish the trial processes in print or via audio-visual media.

117. The court can excuse the child from attending the trial if it deems this practice in the child's best interest.

118. The Association delegate who attends the trial must offer the court the necessary advice concerning the person who will provide custodial care for the child.

119. The court may order measures to protect the child by placing him/her in the care of its parents, legal guardian, a member of the family, a relative, or a custodian.

120. No one under 18 years of age is considered criminally responsible.

121. Criminal charges may not be brought against anyone under seven years of age (Decree No. 119).

2. Children deprived of their liberty, including any form of detention, imprisonment or placement in custodial settings (art. 37 (b) - (d))

122. Decree No. 119, issued on 16 August 1983 stipulates that any child over seven committing a breach of the law or found begging or taking the street or any public place as his/her abode may be subjected to the following measures by the Juvenile Court:

(a) Custody or trusteeship;

(b) Supervision by the court;

(c) Detention in a reformatory (established in 1964 by Decree No. 16734);

(d) Disciplinary acts;

(e) Reduced criminal sentence (for children over 12).

123. The Association for the Protection of Young People delegate supervises the young person's behaviour at the reformatory, social institution or other, and reports regularly to the court on the child's progress. The delegate is also requested to monitor the child's education and social development.

124. Strict measures are taken against the custodians or guardians whose neglect of the youngster might cause the latter to commit a crime. Custodians, who will be given the responsibility of caring for a delinquent, are carefully selected.

125. The Ministry of Justice allows the Juvenile Court to give the young person all medical care needed. Lebanese law prohibits the detention of children 7-12 who may commit unlawful acts, unless they are vagrants.

126. It is not permitted by law to lock up children between 12-18 with adults.

127. The Ministry of Justice is requesting a modification of the law which would allow the transfer of juvenile delinquents from the reformatory to an ordinary prison at the age of 21 rather than at age 18, as the current law stipulates.

128. Article 16 of Decree No. 119 stipulates that upon receiving reports of good behaviour supported by actual observation of a specific case, the Juvenile Court has the right to release the child from detention or custody, temporarily or for good.

129. The Association for the Protection of Young People suffered badly during the war. Its buildings were occupied by militiamen and the funds allocated by the Government were minimal and inadequate. Now that the war is over, efforts are under way to reactivate it and restore its original functions.

130. The reformatory had its share of problems during the armed conflict since it was occupied by militiamen. Children, if detained, were locked up with adults.

131. The Ministry of Social Affairs, in cooperation with the Lebanese School of Social Work at the St. Joseph University, has concluded a plan of action for the prevention of delinquency as well as the rehabilitation of delinquents. Its objectives are:

(a) Reducing delinquent acts by providing the following preventive measures:

(i) Supervising closely children's development and protecting their rights;

(ii) Assisting families to provide the proper environment for optimum development;

(iii) Improving the children's environment, on the social, educational, legislative, economic and health levels;

(b) Caring for, guiding and rehabilitating those youngsters who are likely to become delinquents;

(c) Providing the appropriate measures for their protection;

(d) Implementing the rights of the child contained in the United Nations Convention.

132. The issue will be tackled on three levels:

(a) Implementation of general preventive measures;

(b) Short-term rehabilitation;

(c) Long-term rehabilitation.

133. The plan includes designated actions to fulfil the objectives specified above.

134. It is evident from the above account that children are not deprived of their liberty except in accordance with the law. Special courts are provided and special places have been designated for their detention. Furthermore, plans are under way for the prevention of delinquency and the protection of children in accordance with the international rights declared.

3. The sentencing of juveniles, in particular the prohibition of capital punishment and life imprisonment (art. 37 (a))

135. The provisions of the law are clear concerning the imposition of such penalties. Articles 3, 4, 5 of Decree No. 119 stipulate that:

(a) No criminal charges can be taken against a child under 15;

(b) No juvenile shall be sentenced to capital punishment or hard labour;

(c) If a young person over 15 and younger than 18 commits a criminal act punishable by death or life sentence with hard labour, he shall be detained from 5-15 years;

(d) If the criminal act is punishable by temporary hard labour, he shall be detained from 3-7 years;

(e) For other crimes he shall be detained from 1-3 years.

136. From the above, it is evident that no criminal charges can be taken against a child under 12, nor can a juvenile or adolescent be sentenced to death or hard labour. In the latter case, the penalties are reduced and these are in line with article 37 of the Convention.

4. Physical and psychological recovery and social reintegration (art. 39)

137. The plan designed by the Ministry of Social Affairs, which was stated above, places a lot of weight on rehabilitation, both physical and social, to assist youngsters in the process of social reintegration. The case of Lebanon is special since all the children, in institutions or out, need psychological recovery and rehabilitation. This matter was discussed earlier.

Source: Initial reports of States parties due in 1993: Lebanon, UN Doc. CRC/C/8/Add.23, paras. 5-6, 31-36, 114-137 (3 February 1995)