scholarly journals Towards a positive youth justice

2016 ◽  
Vol 15 (2) ◽  
pp. 69-81 ◽  
Author(s):  
Ben Byrne ◽  
Stephen Case
Keyword(s):  
Formal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Youth Justice ◽  
Content Type ◽  
Child Friendly ◽  
Outcomes For Children ◽  
Children First ◽  
Practical Implications ◽  
Critical Literature

Purpose – The purpose of this paper is to consider and explore the principles that should inform a positive and progressive approach to conceptualising and delivering youth justice. Design/methodology/approach – Critical literature review, incorporating primary research and evaluation conducted by the authors. Findings – A children first model of positive youth justice should cohere around the promotion of four key principles: children’s rights and adults’ responsibilities; desistance and inclusion; diversion and systems management; relationship-based partnerships between children and practitioners. Practical implications – The child-friendly, child-appropriate and legitimacy-focused nature of the Children first, offender second (CFOS) model can encourage diversion from formal system contact, can enhance levels of participation and engagement with formal youth justice interventions and promotes positive behaviours and outcomes for children in trouble. Originality/value – The principles outlined progress youth justice into positive forms antithetical to the negative elements of the “new youth justice” and will have relevance to other jurisdictions, rooted as they are in universality, child development and children’s rights.

scholarly journals Special courtroom as an element of child-friendly justice: organizational and legal aspect

2021 ◽  
pp. 16-26
Author(s):  
Pavlo Parkhomenko
Keyword(s):  
Legal Aspect ◽  
Children's Rights ◽  
Case Law ◽  
Legal Regulation ◽  
International Standards ◽  
Children’S Rights ◽  
European Court ◽  
Child Friendly ◽  
Basic Approaches ◽  
The Impact

The entry of a child into the sphere of justice, regardless of its status, requires the creation of such conditions that would minimize the possibility of the impact of negative factors in the process of administering justice on the child himself. In this regard, one of the effective and important elements in the child-friendly justice system may be the organization of a special courtroom, which would be adapted to hear cases involving a child, which is not widely used in national practice and does not have the appropriate legal regulation in general. In addition, to date, there are no studies that would reflect the problems of organizing a courtroom, in which it is possible to try different categories of cases with the participation of the child. The article attempts to conduct a theoretical and legal study of existing international standards and national legal regulation of the organization of child-friendly courtrooms, identifying the basic elements for its creation, through which it is possible to formulate basic approaches to the administration of child-friendly justice. The author stressed that international standards refer to the components of child-friendly justice, including the issue of creating the most comfortable conditions for the child in the courtroom and directly during the hearing. To substantiate the conclusions, we analyzed the national case law and the case law of the European Court of Human Rights, which demonstrates cases of violation of children's rights by not creating appropriate conditions for the trial of children, and emphasizes the importance of the situation in which the trial took place. from litigation involving adults. Positive practices of organization of special courtrooms in some courts of Ukraine are given. Based on the analysis, it was found that the issue of arranging a courtroom friendly to children has no legislative and departmental regulations, in connection with which proposed ways to address the legislative gap in this direction and guidelines for organizing a special courtroom, which is positively assessed. Рrovided children who were invited to court and who had the opportunity to compare the general courtroom and the special. Keywords: international standards, children's rights, child-friendly justice, child interview, courtroom.

scholarly journals DEVELOPING RELATIONSHIP OF TEACHERS AND STUDENTS THROUGH SNAP DIARY AS A CHILDREN'S FRIENDLY SCHOOL SUPPORT IN ELEMENTARY SCHOOL

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Wulan Tri Puji Utami
Keyword(s):  
Children's Rights ◽  
Educational Process ◽  
Children’S Rights ◽  
Strategic Action ◽  
School Aged Children ◽  
Teachers And Students ◽  
Protective Environment ◽  
Child Friendly ◽  
Number Of Classes ◽  
Relationship Of

<p><em>Education really aims to humanize humans. When a childborn into the world, he is equipped with various potential that must be actualized. The process of actualization is done deliberately called the educational process. The teacher plays an important role in the processeducation primarily in shaping a child's ability to shape skillsin the form of cognitive, affective and psychomotor. Teachers are also influential to make improvements to a healthy learning environment, conducive and comfortable for students. Complete school facilities are certainly not a guarantee for the protection of children's rights because violence in primary school-aged children is still common in schools. Implementation of child-friendly school program is done to reduce the problem to the students according to rights in convention of child. One of the main pillars of child-friendly school is the availability of a healthy, safe and protective environment. Schools also serve to protect children's rights so that children feel safe from violence, abuse and exploitation. While it is easy to understand that a nonviolent environment is a prerequisite of productive learning, it is certainly more difficult to take precautions. Improving the relationship of teachers and students to be one strategic action to understand the needs of each student. Effective communication relationship can be done through snap diary program. Every student has right and freedom to talk about the events that he has experienced. Through a snap diary, students can express the events they experienced not only through writing but also through pictures. Teacherwhich has a large number of classes will be easier to analyze the problems of students through snap dairy.</em><em></em></p>

scholarly journals Young, Accused and Detained; Awful, But Lawful? Pre-Trial Detention and Children’s Rights Protection in Contemporary Western Societies

Youth Justice ◽  
2019 ◽  
Vol 19 (3) ◽  
pp. 238-261
Author(s):  
Yannick van den Brink
Keyword(s):  
Decision Making ◽  
The Netherlands ◽  
Crime Control ◽  
Driving Forces ◽  
Children's Rights ◽  
Children’S Rights ◽  
Youth Crime ◽  
Youth Justice ◽  
Rights Protection ◽  
Research Findings

This article explores the underlying explanations of the high reliance on pre-trial detention of children across contemporary Western societies, with a particular focus on the Netherlands. Empirical research findings are used to identify patterns and functions of pre-trial detention in the administration of youth justice. In addition, two driving forces behind pre-trial detention decision-making are explored after scrutinizing the penological underpinnings of youth justice and youth crime control in Western societies. Ultimately, the article addresses to what extent and how international children’s rights standards can effectively protect child suspects and accused from excessive, unlawful and arbitrary pre-trial detention.

Youth Justice and Children's Rights

2014 ◽  
pp. 188-198
Author(s):  
Daniel Marshall ◽  
Terry Thomas
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Youth Justice

“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 Beyond landscape designation

2015 ◽  
Vol 26 (2) ◽  
pp. 172-194 ◽  
Author(s):  
Richard Clarke
Keyword(s):  
Cultural Heritage ◽  
Third Sector ◽  
Formal System ◽  
Developed Country ◽  
Local Initiative ◽  
Content Type ◽  
Landscape Governance ◽  
Intensive Farming ◽  
The Uk ◽  
Practical Implications

Purpose – In Europe, as in other developed regions of the world, formal protected areas (PA) are, almost by definition, conservation islands within a wider landscape of intensive farming, towns, industry and transport links. The recognised need for “more, bigger, better and joined” implies the need for complementary approaches. The purpose of this paper is to examine some innovative funding and delivery mechanisms in the UK and their strengths – and weaknesses – compared to the formal system of PA. Design/methodology/approach – Building on recent research undertaken for the UK Heritage Lottery Fund (HLF) the HLF landscape partnership (LP) programme is described and related to other area-based approaches including the Wildlife Trust’s Living Landscapes, the Futurescapes programme of the Royal Society for the Protection of Birds and the UK government’s Nature Improvement Areas (NIA). Findings – LPs represent an increasingly important vehicle for securing conservation of the natural and cultural heritage alongside the formal system of designated PA. Their reliance upon local initiative, community engagement and multi-agency participation presents significant advantages. The strength of the LP approach is that it is “bottom up” and in some ways opportunistic. Practical implications – Non-tax funding of innovative approaches to landscape governance presents significant opportunity for natural and cultural heritage conservation, particularly in their capacity to mobilise local enthusiasm and support. However, it fits also with neo-liberal approaches which seek to transfer to the “third sector” responsibilities previously the province of local and national government. Originality/value – This paper is one of a very limited number of studies of developed-country LPs. It widens the concept of “PA” beyond formal IUCN categories and indicates the potential for innovations in funding and governance.

The New Complaints Mechanism for the Convention on the Rights of the Child

2014 ◽  
Vol 22 (1) ◽  
pp. 205-225 ◽  
Author(s):  
Suzanne Egan
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
General Assembly ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
Child Friendly

The un General Assembly has recently adopted a third Optional Protocol to the crc, providing for an individual complaint mechanism for children. The product of a sustained campaign on the part of ngos and children’s rights advocates, the Protocol achieves a certain parity of esteem for children vis-à-vis complainants under other core un human rights instruments by enabling them to make complaints specifically with respect to rights guaranteed by the Convention and its two substantive protocols. This article examines the terms of this new procedure in the light of its drafting history and explains why the resulting text has in many respects disappointed in terms of delivering a much-hoped for “child-friendly” complaint mechanism for children.

Not merely rights for children but children’s rights: The theory gap and the assumption of the importance of children’s rights

2013 ◽  
Vol 21 (2) ◽  
pp. 177-208 ◽  
Author(s):  
Lucinda Ferguson
Keyword(s):  
Children's Rights ◽  
Legal Regulation ◽  
Good Evidence ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Practice ◽  
Improved Outcomes ◽  
Outcomes For Children ◽  
Argument Proceeds ◽  
Do So

This article aims to reinvigorate the debate over the nature and value of the claim that children have children’s rights. Whilst the language of rights and children’s rights continues to be widely employed, and even relied upon, in many situations involving the legal regulation of children we lack strong child-centred evidence that it is better to regulate children through the lens of children’s rights, rather than their ‘best interests’ or in terms of duties owed to them. My argument proceeds in four stages. First, I distinguish between rights for children and children’s rights. Understood in the sense of fundamental human rights, children are plainly rights-holders. The critical debate relates to children’s rights. Secondly, I argue that the expressive and procedural reasons for affirming that children hold children’s rights are contingent upon improved outcomes. Thirdly, I contend that we do not currently have a child-centred theory of children’s rights that improves, or increases the likelihood of improved outcomes in legal practice. This is not a claim that children do not have children’s rights. My argument critiques the current potential of both individual children’s rights and a rights-based framework of reasoning to improve outcomes for children. Finally, I argue that without a theory of children’s rights, we currently have no good evidence that it benefits children to think of them in terms of children’s rights in law. This is an optimistic conclusion as it suggests that with greater attention on making decision-making truly child-centred, or explicitly recognizing the inability to do so, the purposes for which we want to believe that children have children’s rights might be better achieved than they are at present.

scholarly journals “Game playing” and “docility”: youth justice in question

2020 ◽  
Vol 19 (3) ◽  
pp. 103-118
Author(s):  
Sean Creaney
Keyword(s):  
Game Playing ◽  
Court Order ◽  
Youth Justice ◽  
Content Type ◽  
Meaningful Participation ◽  
Team Supervision ◽  
Passive Compliance ◽  
Thinking Tools ◽  
Depth Interviews ◽  
Practical Implications

Purpose The purpose of this paper is to explore young people's experiences of youth justice supervision with particular reference to the efficacy of participatory practices. This paper is based on findings from a study concerning the extent and nature of children’s participation in decision-making in youth justice. The paper uses Bourdieu’s concept of habitus, as a heuristic/practical device, to investigate children’s ability to express agency and shape or influence the content and format of interventions and approaches in youth justice. Design/methodology/approach The researcher’s interest in understanding the perceptions and experiences of youth justice supervision led to the adoption of the qualitative approach and specifically in-depth interviews and participant observations. The researcher interviewed front-line professionals (n = 14), operational managers (n = 6) and children under youth justice supervision (n = 20). This study involved 15 months of fieldwork undertaken between 2016 and 2017 at a youth offending service in England. Findings Several young people were seeking to exert minimal energy to achieve a type of passive compliance with court order requirements, adopting a “ready-to-conform” mindset. Professionals were concerned that they were also participating in this type of “game playing”. Practical implications A relationship-based practice that is conducive to meaningful participation can help to facilitate positive changes to lifestyles and circumstances. This paper exposes its pivotal role in bolstering children’s involvement in supervision, reducing passive compliance and preventing inauthentic transactional arrangements from forming. Originality/value In spite of the significant interest in the work of Pierre Bourdieu, his “thinking tools” have seldom been used to investigate the experiences, attitudes and behaviours of youth justice professionals and those under youth offending team supervision at.

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