Inside major proposals for a child-friendly justice system

Lawyers and child rights activists have called for a broader range of sentencing alternatives for minors, amid growing concern over limited diversion mechanisms, widespread use of pre-trial detention, and persistent gaps in legal aid services for children. The concerns were raised as Rwanda continues efforts to align its justice system with international child rights standards, which emphasise rehabilitation over punishment and require detention to be used only as a last resort and for the shortest possible time. ALSO READ: Legal bodies move to improve child rights Pre-trial detention refers to holding a suspect in custody before trial and before a court has determined guilt. While this measure is commonly applied within the criminal justice system, international standards stress that it should be exceptional when dealing with juveniles. For children, alternatives to pre-trial detention include bail, supervised release, diversion programmes and community-based supervision. Diversion mechanisms, in particular, redirect children and first-time offenders away from formal court proceedings and detention into programmes focused on rehabilitation rather than punishment. Such measures are designed to promote reintegration, reduce reoffending and shield children from the long-term consequences of incarceration, which can disrupt education, family life and psychological development. These proposals were highlighted during the launch of a two-day National Symposium on Child Rights Protection, held under the theme “Advancing a Child-Friendly Justice System.” ALSO READ: Legal practitioners discuss juveniles access to justice “There is a very narrow range of sentencing alternatives available for minors,” said Naomie Umuhoza, a lecturer at the School of Law, College of Arts and Social Sciences at the University of Rwanda. “If a judge finds a minor guilty, the options are extremely limited — essentially to convict or release. There are very few alternatives in between.” She noted that in many cases judges may feel imprisonment is not in a child’s best interests, yet lack viable legal options. “A judge may feel that prison is not appropriate, but the law offers very limited flexibility,” she said, calling for expanded diversion and alternative sentencing measures to reduce children’s exposure to detention. As of December 2024, Nyagatare Juvenile Prison housed 513 minors, while correctional facilities across the country accommodated 349 infants living with their incarcerated mothers. ALSO READ: Defilement offenders face ‘legal action at any point in their lives’ Stakeholders say these figures underscore the urgent need to strengthen non-custodial measures and ensure detention remains an exception rather than standard practice. Umuhoza warned that early exposure to the criminal justice system can have long-term negative consequences for children. “Exposure to the criminal justice system has been demonstrated to cause harm to children. It limits their chances of becoming responsible adults,” she said. ALSO READ: Juvenile cases doubled in past four years – lawyers’ association Beyond court reforms, she stressed the importance of addressing the underlying factors that push children into conflict with the law. “We need to confront the reasons that lead young people into criminality,” she said, calling for research into root causes to inform prevention strategies. “Such research would help keep as many young people as possible out of the justice system.” She also advocated for more child-friendly court environments, arguing that existing settings can be intimidating for young defendants. “Imagine a young person standing in court for the first time, facing accusations, surrounded by black robes and formal procedures,” she said. “Child-friendly justice requires safe spaces, accessible and speedy proceedings, and age-appropriate processes.” Among her recommendations were removing intimidating legal attire in children’s cases and redesigning courtroom layouts to reduce fear and anxiety. Dominic Muntanga, Deputy Representative for UNICEF Rwanda, said the country has made notable progress in advancing child rights, but emphasised that continued effort is needed. “Whatever progress we have made, we must continue building on it to ensure the best interests of the child are always protected,” he said. He identified strengthening diversion systems as a key priority, noting that children who come into conflict with the law should not automatically be pushed into formal court processes or detention. “We must find alternative ways to ensure children receive support and access to justice without harming their future,” he said. Muntanga added that effective child justice requires trained professionals across all districts. “Access to child justice must be available everywhere, and that requires expanding the number of trained professionals,” he said. UNICEF, he noted, is working with the Government of Rwanda and the Institute of Legal Practice and Development (ILPD) on training programmes, including the Postgraduate Diploma in Child Justice, strengthening court-based diversion frameworks, and supporting national dialogue platforms to improve institutional coordination. “Beyond justice reform, we are also investing in prevention,” he said, citing family support systems, community engagement and positive parenting programmes. “When there is positive parenting, it prevents young people from coming into conflict with the law.” Gaps in children’s court structures Viateur Bangayandusha, Academic Dean at ILPD, said that while specialised Children’s Court chambers exist at the Intermediate Court level, these protections disappear at the appeal stage. “When children appeal their cases, they lose this privilege. At the High Court level, there is no specialised chamber to hear children’s cases,” he said. He explained that specialised chambers ensure sensitive child-related cases are handled by trained and experienced judges, a safeguard that is currently missing in appellate proceedings. Théophile Mbonera, Permanent Secretary in the Ministry of Justice, reaffirmed Rwanda’s commitment to international instruments such as the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. “Child-friendly justice is not optional. It is a legal and moral necessity,” he said. Mbonera acknowledged that progress requires more than policy commitments, outlining priorities that include strengthening legal and policy frameworks, aligning justice procedures with international standards, improving child-friendly infrastructure, closing protection gaps, and ensuring access to legal representation. “No child should face the justice system in unfavourable conditions,” he said, adding that the government is ready to lead reforms and called on all justice sector actors to work collaboratively. Chairperson of the Rwanda Law Reform Commission, Claudine Dushimimana, said Rwanda has ratified key international conventions and enacted domestic laws to protect children, but implementation remains the main challenge. “We are well equipped in terms of the legal framework. The real issue is implementation,” she said, stressing that child justice must go beyond courtrooms and begin within families and communities. Deputy Director General of the National Child Development Agency, Gilbert Munyemana, echoed the call for collective responsibility. “It takes a village to raise a child. All sectors must work together to ensure children grow and thrive,” he said. Theogene Twiringiyimana, Senior Legal Officer at the Legal Aid Forum, said access to justice remains critical, particularly for vulnerable groups such as children and refugees. “Our experience shows the importance of strengthening diversion mechanisms and ensuring effective legal representation for minors,” he said. Despite progressive policies, including the 2022 Criminal Justice Policy and the Alternative Dispute Resolution Policy — which promote restorative justice, probation, mediation and diversion — implementation gaps persist. Pre-trial detention continues to be widely applied, even though child rights standards stress its use should be exceptional. At the same time, weaknesses in legal aid services continue to hinder timely and effective representation for children navigating the justice system. Advocates argue that early intervention, community-based alternatives and coordinated institutional responses are key to preventing children from entering or re-entering the criminal justice system.

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Inside major proposals for a child-friendly justice system