“Evolving Capacities” and “Parental Guidance” in The context of Youth Justice

2020 ◽  
Vol 28 (3) ◽  
pp. 500-520
Author(s):  
Ursula Kilkelly
Keyword(s):  
Parental Support ◽  
Criminal Responsibility ◽  
Children's Rights ◽  
Children’S Rights ◽  
Youth Justice ◽  
Rights Of The Child ◽  
Parental Guidance ◽  
The Law ◽  
Role Of Parents ◽  
Article 5

Abstract Article 5 of the United Nations Convention on the Rights of the Child (uncrc) is a pivotal children’s rights provision, which recognises the ‘responsibilities, rights and duties of parents’ to provide ‘appropriate direction and guidance’ to the child in the exercise of his/her rights, in a manner consistent with ‘the evolving capacities of the child’. Underpinning children as holders of rights, Article 5 bridges the gap between children who require parental support to exercise their rights and those who are capable of exercising them on their own behalf. There has been limited consideration of Article 5 to date and even less in specific contexts like juvenile justice. The uncrc has particular relevance to children in conflict with the law where issues of criminal responsibility, capacity and the role of parents are central. This article explores the application of Article 5 by querying the relevance of the principle of “evolving capacities” to children in conflict with the law and to the exercise of children’s rights in the criminal justice system. It considers what role, if any, ‘the responsibilities, rights and duties’ of parents have in such proceedings while addressing, more generally, whether Article 5 adds value to the child’s rights approach to youth justice.

scholarly journals What is Left in the “Too Hard Basket”? Developments and Challenges for the Rights of Children in Conflict with the Law

2020 ◽  
Vol 28 (1) ◽  
pp. 89-110 ◽  
Author(s):  
Nessa Lynch ◽  
Ton Liefaard
Keyword(s):  
Justice System ◽  
Academic Discipline ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Age Limits ◽  
The Law ◽  
Cross National

The 30 years since the enactment of the United Nations Convention on the Rights of the Child has seen extensive developments in the theory and practice of children’s rights. Children’s rights are now an established academic discipline with the study of children in conflict with the law being a fundamental area of analysis. This paper takes the approach of highlighting three areas of development of children’s rights scholarship in relation to the criminal justice system: children’s rights, developmental science and notable themes emerging from cross-national scholarship, including age limits, diversion, effective participation and deprivation of liberty. In addition, it analyses three gaps or challenges which are “left in the too-hard basket” for the coming decades.

8. The Law Relating to Children:

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Medical Treatment ◽  
Children's Rights ◽  
Children’S Rights ◽  
Private Law ◽  
The Third ◽  
Rights Of The Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Law ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s.8 of the Children Act 1989, the welfare principle and the Welfare Checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.

Restorative Justice through a Children's Rights Lens

2010 ◽  
Vol 18 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Nessa Lynch
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Due Process ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Best Interests ◽  
Youth Justice ◽  
Rights Of The Child ◽  
Due Process Rights

AbstractRestorative justice is an alternative to the formal criminal justice system which focuses on repairing the harm caused to the victim of the offence, effecting reconciliation between victim and offender, and the re-integration of the offender. Its use is widespread in national youth justice systems. This article will analyse the use of restorative justice in connection with offending by children. It will be argued that despite evidence of endorsement by the Committee on the Rights of the Child, the fundamental concepts of restorative justice are at odds with a children's rights model of youth justice as required by international standards. Not only do similar concerns about due process rights exist for children as for the adult system, it is difficult to reconcile the best interests of the child standard with the victim focused approach of restorative justice, and there are doubts as to whether children have sufficient maturity for remorse and reintegration.

9. The Law Relating to Children: Children’s Rights and Private Law

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Medical Treatment ◽  
Children's Rights ◽  
Children’S Rights ◽  
Private Law ◽  
The Third ◽  
Rights Of The Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Law ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s. 8 of the Children Act 1989, the welfare principle, and the welfare checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.

JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY

2017 ◽  
Vol 2 (1) ◽  
pp. 168
Author(s):  
Dyah Listyarini
Keyword(s):  
Restorative Justice ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
The Law ◽  
The Right

Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law.  Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice  The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases

scholarly journals Diversion in the Form of Protection of Human Rights

2019 ◽  
Vol 1 (2) ◽  
pp. 87-94
Author(s):  
Arhjayati Rahim
Keyword(s):  
Human Rights ◽  
Justice System ◽  
Juvenile Justice System ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Judicial Process ◽  
Rights Of The Child ◽  
Other Hand ◽  
The Law

Crimes committed by children in Indonesia has reached its peak it signified the increasing rate of crimes committed by children. A dilemma when it comes to handling the perpetrators of crimes committed by children, on the other hand children are vulnerable creatures and  tend not to be accountable as a result of his actions, on the other hand the child has committed a criminal offense that harm others. That many regulations that have been published  to address the issue. The most recent is the Law No. 11 Year 2012 on child criminal justice system, which emphasizes the process of diversion in solving criminal cases involving children.             Diversion destination is clear in Act No. 11 of 2012 concerning juvenile justice system Article 6 of diversion aims: Achieving peace victims and children, Resolving cases of children outside the judicial process, Protects children from the deprivation of liberty, Encouraging people to participate, Instill a sense of responsibility answer to this Child. Hal accordance with the principle of fulfillment of children's rights. So in this paper will discuss setting How Diversion Law as a form of Human Rights Protection. The existence of a diversion process in some cases of child crime that must be sought, it is hoped that in the future it will provide ideal and comprehensive protection for handling cases of children facing the law so that the fulfillment of children's rights both as victims and perpetrators can be carried out effectively and lead to fulfillment human rights because the truth is that human rights are inherent rights and exist in every human being and must be protected by the state  Keywords : Human Rights , Rights of the Child , Diversion

The World Declaration of the Rights of the Child: Anticipated Challenges

1993 ◽  
Vol 72 (3) ◽  
pp. 1011-1022 ◽  
Author(s):  
Mohammadreza Hojat
Keyword(s):  
Child Care ◽  
Children's Rights ◽  
The United States ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
History Of ◽  
Role Of Parents ◽  
Definition Of ◽  
Early Parent

The United Nations (UN) Convention on the Rights of the Child which was unanimously adopted by the UN General Assembly is described as a memorable chapter in the history of human civilization. This landmark document has neither been ratified by the United States nor publicized by child health professionals and media. A few of the Convention's guidelines related to early parent-child relations are briefly cited and the role of parents, particularly that of mothers, in protecting their children's rights is discussed. The author anticipates implementation of the guidelines might generate conflict of interest among groups with nontraditional views on family and child care and challenges to the implementations of the guidelines could therefore be expected. Among the reasons for such anticipated challenges are the ongoing controversial and emotional arguments in the literature on child development concerning maternal paid employment and alternative child care, changing views and emphasis on a new definition of marriage, family and motherhood by feminist groups, and inadequate educational indoctrination on child-care issues among some family physicians and pediatricians. The guidelines should not be buried under personal agendas, organizational biases, wishful thinking, ignorance, and political considerations Finally, the obligation of professionals in health and human services as well as State authorities to support positive ideology on children's rights is discussed.

scholarly journals A CRITICAL LEGAL ANALYSIS ON THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY IN THE NEW ISLAMIC PUNISHMENT ACT OF IRAN

2014 ◽  
Author(s):  
Jal Zabdi Mohd Yusoff ◽  
Shohreh Mousavi ◽  
Farah Nini Dusuki ◽  
Behnam Rastegari
Keyword(s):  
Criminal Responsibility ◽  
Final Analysis ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Legal Analysis ◽  
Rights Of The Child ◽  
Minimum Age ◽  
The Government ◽  
Emotional Immaturity

The provision for a minimum age of criminal responsibility (MACR) is stated in a number of international children’s rights instruments. The preamble of the United Nations Convention on the Rights of the Child (UNCRC) states that a child, by reason of his physical, mental and emotional immaturity is in need of special safeguards, care and assistance. Despite remarkable improvements in a number of provisions, an examination of the Iran’s laws and regulations reveal that the provision of MACR is currently in conflict with the international instruments particularly the UNCRC. This is despite the fact that Iran is a State Party of the UNCRC since. Furthermore, the Iranian Civil Code expressly provide that the government is to implement the UNCRC provisions as an international treaty. This article critically examines the position of the MACR and punishments of children in the new Islamic Punishment Act of Iran (2013) based on the four Islamic categories of punishments namely Hadd, Qisas, Diya and Ta’zir as enshrined in the new Act. The current article places emphasis on the examination of the issue of MACR in Iran and how effectively it is addressed by the new Act. The nature of this research is doctrinal by examining the new Act of Iran 2013 with a critical legal overview on the Articles relating to children and their impact on the rights of children. Furthermore, it compares the relevant Articles on MACR and punishments of the new Act with the previous abolished Act and the international standards. The purpose is to highlight both the limitations and advancements of the new Act. In the final analysis, this article concludes that despite the improvements in the field of children’s rights in the new Act, it still poses potential risks for the rights of the children in Iran.

scholarly journals Anak dan Kejahatan (Faktor Penyebab dan Perlindungan Hukum)

Jurnal Selat ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 225-234
Author(s):  
Ria Juliana ◽  
Ridwan Arifin
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Applicable Law ◽  
Rights Of The Child ◽  
The Law ◽  
The Right ◽  
Rule Out

The State of Indonesia has never been separated from existing regulations, given that the State of Indonesia is a rule of law and all actions taken refer to the applicable law. The problem of a law lies in the procedure for the application of the law and the implementation of the law, in legal protection for children in Indonesia, both victims and perpetrators have the right to be protected, for this reason a rule of law has been set against the child’s own misconduct applicable. Problematics of arrest and detention and punishment of crimes committed by children enactment of article 43 of Act No. 3 of 1997 which explains that child detainees are basically still in effect the provisions of the Criminal Procedure Code (KUHAP) are the loss of children's rights and protection against applicable law. The development of the rights of the child is a public concern because at this time child perseverance has spread and the application of the law continues to apply to that the rights of children must also be considered to see that children's rights must also be fought for. Above everything discussed above that neglected the rights of children and their protection was due to the lack of attention from parents and families and a small part of this resulted from an environment that was not good for the character of the child himself. To create high peace and stability then the basis of the change is parents. Improvements made to the guidance of children that are carried out fundamentally with love and love, it does not rule out the possibility of child delinquency or criminal acts that are done less, other things if the child is allowed to grow without attention then does not rule out the greater the crime that will be committed.

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