scholarly journals Why Children Obey the Law: Rethinking Juvenile Justice and Children’s Rights in Europe through Procedural Justice

Youth Justice ◽  
2018 ◽  
Vol 18 (1) ◽  
pp. 34-51 ◽  
Author(s):  
Maria José Bernuz Beneitez ◽  
Els Dumortier
Keyword(s):  
Juvenile Justice ◽  
Procedural Justice ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Law

This article explores how the idea of procedural justice can help us to rethink juvenile justice and research children’s rights in Europe differently. To frame the following argument, we will question four implications of the procedural justice perspective: 1) the need to implement rights and not just proclaim them, 2) the need to investigate a ‘double perspective’ on children’s rights implying both juvenile justice professionals and children in conflict with the law, 3) the child’s right to effectively participate and be involved in the process and 4) the idea that age matters in the judicial reaction to crime. The resulting conclusions and discussions revolve around the scientific consequences and challenges we must face when we take procedural justice perspective seriously.

scholarly journals The CRC comes of age: assessing progress in meeting the rights of children in custody in Northern Ireland

2020 ◽  
Vol 62 (2) ◽  
pp. 217-234
Author(s):  
Linda Moore
Keyword(s):  
Northern Ireland ◽  
Juvenile Justice ◽  
21St Century ◽  
Social Economic ◽  
Children's Rights ◽  
Political Context ◽  
The State ◽  
Children’S Rights ◽  
Primary Research ◽  
The Law

This article focuses on the extent to which Convention rights are complied with regarding the treatment of children in conflict with the law in Northern Ireland, and in particular the rights of incarcerated children. Relevant children’s rights instruments and principles are identified to establish the benchmarks for this discussion. There follows discussion of the particular social, economic and political context which impacts upon the lives of children in conflict with the law in Northern Ireland. The legislative context for the detention of children in custody in Northern Ireland is explored, and the regimes in the Juvenile Justice Centre (JJC) for Northern Ireland and Hydebank Wood Young Offenders Centre (YOC) are assessed for compliance with children’s rights standards. Primary research conducted by the author and her colleagues with children in custody in Northern Ireland 2 and recent inspection and research reports form the basis for the analysis of the state of children’s rights in custody in Northern Ireland in the 21st century.

Taking Children’s Human Rights Seriously

2020 ◽  
pp. 48-69
Author(s):  
Michael Freeman
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Popular Media ◽  
Children’S Rights ◽  
Ronald Dworkin ◽  
Philosophical Discussion ◽  
Persuasive Argument ◽  
The Law ◽  
Deficit View

Despite the development of the children’s rights movement, human rights scholarship continues to overlook the rights of children. Even those like Ronald Dworkin, who proclaim the need to take rights seriously, are curiously silent, even ambivalent, when it comes to children. This inattention often forces advocates of children’s rights to the margins of human rights scholarship. In the few places where serious philosophical discussion of children’s rights does take place, the analysis intends to diminish the value of rights for children. These critics are not malevolent, and typically want what is best for children, but they do not think it can be accomplished through a children’s rights agenda. This chapter lays out a persuasive argument for a children’s rights agenda, or, for taking children’s rights seriously. Drawing from philosophy, history, literature, popular media, and of course the law, this chapter argues against the conventional deficit view underlying most arguments against the recognition of children’s rights and makes a case for the importance of children’s rights where rights are the currency in use.

Global Reflections on Children's Rights and the Law

2021 ◽  
Author(s):  
Ellen Marrus ◽  
Pamela Laufer-Ukeles
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
The Law

“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.

Implications of Legal Positivism of the Promotion of Children's Rights on National Law

2020 ◽  
Vol 11 (2) ◽  
pp. 661
Author(s):  
Lita A.L.W. TYESTA ◽  
Retno SARASWATI ◽  
Faisal ARIF
Keyword(s):  
Legal Protection ◽  
Children's Rights ◽  
Legal Positivism ◽  
Children’S Rights ◽  
Modern Process ◽  
Legal Science ◽  
The Law ◽  
Political Form

This article discusses the influence of positivism in the development of legal science, especially in the development of Indonesian law. Through the positivism which was introduced by August Comte, the study aims to analyze the legal positivism as a strategic-political form that is needed in terms of promoting children's rights. As a result, positivism can not only be used as a medium used to help the modern process: the law there can also be used as a means to provide legal protection for the people’s, especially for the protection of children's rights.  

scholarly journals KEDUDUKAN DAN FUNGSI KOMISI PERLINDUNGAN ANAK INDONESIA DALAM MELINDUNGI HAK-HAK ANAK

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Apri Rotin Djusfi
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Birth Certificate ◽  
Children's Rights ◽  
Children’S Rights ◽  
Presidential Decree ◽  
The Law ◽  
Protection Commission

Indonesian Child Protection Commission is an independent agency, established under the provisions of the Law on Child Protection. Was formed on June 21, 2004, this agency is mandated by Presidential Decree No. 77 of 2003 and Article 74 paragraph (1) and (2) of Law 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection. The problem that is revealed in this research is how the protection of children is in conformity with the principles of human rights, is child protection in Indonesia is in conformity with the 1945 Constitution and the laws protecting children and how the role of the Indonesian Child Protection Commission in protecting the rights of children. The principles of human rights that protects the protection of children one of which is the birth certificate. Indonesian Child Protection Commission’s role in protecting the rights of children is as a protection and supervisor of Law 35 of 2014 on the Amendment of Act No. 23 of 2002 in the Child Protection.Keywords : Children Right Protection Law,  KPAI, Children's rights

scholarly journals Cuando los menores declaran en la justicia de menores | When youngsters speak in juvenile justice

2019 ◽  
pp. 1
Author(s):  
María José Bernuz Beneitez
Keyword(s):  
Juvenile Justice ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Right

Resumen: La Convención sobre los Derechos de los Niños incorpora los derechos de participación al elenco de derechos e insiste en la realización del derecho a ser escuchado porque consolidan una nueva imagen del niño como sujeto de derecho. Esa escucha del menor de edad en sede judicial, cuando ha cometido un delito, debe permitirle sentirse partícipe del proceso y que el juicio sea percibido como justo y las medidas entendidas como legítimas. Dada la trascendencia de esta escucha, es importante analizar cómo se realiza y qué sentido se le da en la declaración del menor ante la policía o la fiscalía. Abstract: The Convention on Children's Rights incorporates the rights of participation to the list of rights and insists on the realization of the right to be heard because they consolidate a new image of the child as a subject of law. That hearing of the minor in juvenile justice, when he/she has committed a crime, should allow him/her to participate of the process and perceive the trial as fair and the measures as justified. Given the importance of this hearing, it is important to analyze how it is done and the meaning of it in the declaration of the minor before the police or the prosecutor's office.

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