“The Other Child” – The Rights of the Child Victim in the Youth Justice System

2018 ◽  
Vol 26 (2) ◽  
pp. 228-250 ◽  
Author(s):  
Nessa Lynch
Keyword(s):  
Human Rights ◽  
Justice System ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Best Interests ◽  
Child Victims ◽  
Youth Justice ◽  
Child Victim ◽  
Rights Of The Child

Children’s rights scholarship and guidance from human rights bodies has largely ignored the child victim, particularly where the perpetrator of the offence is also a child. This article reviews how provisions of international children’s rights standards deal with such situations, and highlights the lack of evidence on the extent of such victimisation and the experiences of child victims. Using two particular provisions (best interests and participation), it is argued that child victims appear primarily regarded as objects of concern rather than true rights holders. Increased recognition of “the other child” in practice and policy is urged.

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.

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 Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

scholarly journals Court support workers speak out: Upholding children’s rights in the criminal justice system

2016 ◽  
Author(s):  
Loraine Townsend ◽  
Samantha Waterhouse ◽  
Christina Nomdo
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Child Victims ◽  
Sexual Offences ◽  
Rights Of The Child ◽  
Victims Of Sexual Abuse

The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child’s testimony is often pivotal to whether cases are prosecuted, and whether justice is done. Child witness programmes assist child victims of sexual abuse to prepare to give consistent, coherent and accurate testimony, and also attempt to ensure that the rights of the child are upheld as enshrined in the various laws, legislative frameworks, directives and instructions that have been introduced since 1994. We draw on information from two studies that sought the perspectives of court support workers to explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of sexual abuse during participation in the CJS. The findings revealed that the rights of children to equality, dignity and not to be treated or punished in a cruel, inhuman or degrading way were undermined in many instances. Finally, recommendations are given on ways to mitigate the harsh effects that adversarial court systems have on children’s rights.

scholarly journals Giving Children’s Views “Due Weight” in Medical Law

2018 ◽  
Vol 26 (1) ◽  
pp. 16-37 ◽  
Author(s):  
Priscilla Alderson
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Self Determination ◽  
Children’S Rights ◽  
Best Interests ◽  
Medical Law ◽  
Highly Qualified ◽  
Rights Of The Child ◽  
Children’S Views ◽  
And Control

Article 12 with its concern to give “due weight” to children’s views involves potential contradictions between human rights to self-determination and children’s rights. A set of conditions in Article 12 turns rights into highly qualified permissions that can transfer agency and control from children onto adults. These are further complicated by reports by the un Committee on the Rights of the Child and others that position children’s best interests against their expressed views, and by contrasting standards set by national laws and guidance. Theories about children’s rights in medical law differ from actual practice in reported cases, which are influenced by long-standing theories about childhood in philosophy and psychology that disregard realities in children’s lives. Barriers to due respect for children’s views in medical law and practice that need to be addressed are summarised.

The Interrelated and Interdependent Nature of Children’s Rights

2020 ◽  
pp. 69-98
Author(s):  
Savitri Goonesekere
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Ad Hoc ◽  
Holistic Approach ◽  
Children's Rights ◽  
Children’S Rights ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
Global Agenda

The chapter analyses children’s human rights as universal norms and standards incorporated in the UN Convention on the Rights of the Child (CRC) that are relevant in diverse national contexts. Discussing national experiences and the quasi-jurisprudence of treaty bodies, the chapter argues that understanding the interrelated nature of the different groups of rights in the CRC is essential for effective implementation of these rights. It is suggested that the concept of the indivisibility of human rights and the global agenda of sustainable development reinforce the need for this approach. The chapter also discusses the interdependence, compatibility, and conflict between children’s rights and the human rights of other groups, such as parents, women, and a community with which a child connects as he or she grows to adulthood. The chapter argues that incorporating children’s rights in national constitutions, rather than ad hoc legislation, encourages this holistic approach to implementing children’s rights.

scholarly journals Children’s Rights in the Indonesian Oil Palm Industry: Improving Company Respect for the Rights of the Child

Land ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 500
Author(s):  
Stephany Iriana Pasaribu ◽  
Frank Vanclay
Keyword(s):  
Human Rights ◽  
Child Labor ◽  
Palm Oil ◽  
Oil Palm ◽  
Children's Rights ◽  
Business Case ◽  
Children’S Rights ◽  
Policy And Practice ◽  
Rights Of The Child ◽  
Social License

Although companies have many direct and indirect impacts on the lives of children, discussion of the responsibility of business to respect the rights of children has primarily focused on child labor. Using UNICEF’s Children’s Rights and Business Principles as a framework for our analysis, we considered the activities of oil palm plantation companies operating in Indonesia. Our data come from key informant interviews and reflection on two programs established to promote respect for children’s rights in the Indonesian palm oil industry: one by Pusat Kajian Perlindungan Anak (PKPA) (Center for Child Study and Protection); and one by the Roundtable on Sustainable Palm Oil (RSPO) in conjunction with UNICEF. We considered: how plantation company activities impacted children’s lives; how companies demonstrated respect for children’s rights; and how observance of children’s rights can be improved. We discuss four problematic issues: getting company commitments to children’s rights into policy and practice; having a strong business case for respecting human rights and children’s rights; contradictory objectives within companies; and complexities around children in the workplace. We argue that a children’s rights based approach should be applied to the activities of all organizations. This children’s rights lens is needed to overcome the invisibility of children in society and industry, and to address the root causes of human rights harms. We note that respecting children’s rights will likely contribute to getting a social license to operate and grow.

scholarly journals PERKAWINAN ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

EGALITA ◽  
2017 ◽  
Vol 11 (1) ◽  
Author(s):  
Dina Tsalist Wildana ◽  
Irham Bashori Hasba
Keyword(s):  
Southeast Asia ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Early Marriage ◽  
Negative Effects ◽  
Se Asia ◽  
Rights Of The Child ◽  
Other Hand ◽  
Age Of Marriage

<p>Marriage at the age of children still occur in some areas. Not only in Indonesia, in some areas is still high number of early marriages. Indonesia has had a regulation on the protection of children. But on the other hand the marriage at the age of children is still high even ranked second in Southeast Asia after Cambodia. This obviously shows that regulation owned does not run optimally. This article will discuss about some children's rights that are violated by the existence of early marriage. Despite showing some of the negative effects of marriage on the age of the child but at the end of this writing offers several formulations so that children in the age of marriage is not so much seized the rights of the child.</p><p>Perkawinan di usia anak masih marak terjadi di beberapa wilayah. Tidak hanya di Indonesia, di beberapa wilayah masih tinggi angka perkawinan dini.Di Indonesia telah memiliki regulasi tentang perlindungan anak. Namun disisi lain perkawinan di usia anak masih tinggi bahkan menduduki peringkat ke 2 se Asia Tenggara setelah Kamboja. Hal ini jelas menunjukkan regulasi yang dimiliki tidak berjalan optimal. Pada tulisan ini akan membahas tentang beberapa hak anak yang dilanggar dengan adanya perkawinan dini. Kendati menunjukkan beberapa dampak negatifdari perkawinan di usia anak namun di akhir tulisan ini menawarkan beberapa formulasi agar perkawinan di usia anak tidak begitu banyak menyita hak-hak anak.</p><p> </p><p align="center"> </p><p> </p>

scholarly journals Barnkonventionens implementering i svensk lagstiftning och praktik – barns bästa och barns rätt att uttrycka sina åsikter vid vårdnadstvister

2020 ◽  
Vol 37 (3-4) ◽  
Author(s):  
Annika Rejmer ◽  
Ann-Sofie Bergman
Keyword(s):  
Empirical Data ◽  
Empirical Studies ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Custody Disputes ◽  
Good Contact

Implementation of the Convention on the Rights of the Child in Swedish legislationand practice – children’s best interests and children’s rights to express their viewsin custody disputes: The article examines the implementation of articles 3 and 12 of the UN Convention on the Rightsof the Child (CRC) in the parental code regulations on custody, residence and access and how theyare applied in practice. The best interests of the child are, according to the regulations of the parentalcode, the superior principle in handling custody disputes, which includes an examination ofthe risk of abuse, the child’s need for close and good contact with both parents and the child’s will.The results of conducted empirical studies show that articles 3 and 12 of the CRC have not beenimplemented in the parental code. Children lack an independent right to express their opinionin the handling of custody disputes. The article is based on empirical data from sources of law,custody cases, and interviews with parents in dispute.

scholarly journals Cascading impacts of climate change and the rights of children in Africa: A reflection on the principle of intergenerational equity

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Rongedzayi Fambasayi ◽  
Michael Addaney
Keyword(s):  
Climate Change ◽  
Regional Climate ◽  
Children's Rights ◽  
Intergenerational Equity ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Sustainable Future ◽  
Climate Action ◽  
Impacts Of Climate Change

SUMMARY This article explores the manner in which climate action at the African regional level protects and promotes children's rights with considerations being had to the principle of intergenerational equity. It establishes that while the concept of intergenerational equity is entrenched in the international and African regional climate change framework for the protection of children, neither the Convention on the Rights of the Child nor the African Children's Charter mentions the concept. However, CRC and the African Children's Charter oblige states to take into consideration the views of children and protect their best interests in climate action (to ensure intergenerational equity) and in achieving a sustainable future. Using a doctrinal research method, the article examines the regional legal and institutional responses to the cascading impacts of climate change and how they safeguard children's rights to a sustainable future. It proceeds to critically analyse child rights-responsive provisions in the African Children's Charter that could potentially enhance the utility of the principle of intergenerational equity in the context of climate action in Africa. The article argues that the principle of intergenerational equity could, in theory, be used as a useful tool for the protection and promotion of the rights and interests of children from climate change impacts. Key words: children's rights; climate change; climate justice; future generations; intergenerational equity

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