scholarly journals The Minimum Age of Criminal Responsibility: The Need for a Holistic Approach

Youth Justice ◽  
2019 ◽  
pp. 147322541989378
Author(s):  
Aaron Brown ◽  
Anthony Charles
Keyword(s):  
United Nations ◽  
Criminal Responsibility ◽  
Holistic Approach ◽  
Youth Justice ◽  
Policy Makers ◽  
England And Wales ◽  
Minimum Age ◽  
The United Nations ◽  
Outcomes For Children

The minimum age of criminal responsibility in England and Wales remains 10 years: something which has attracted criticism globally by policy makers and youth justice practitioners. Yet, the Westminster Government refuses to consider changes to minimum age of criminal responsibility, despite evidence supporting reform. This article, drawing on the United Nations Committee on the Rights of the Child’s consultation to revise General Comment No. 10 (2007) and the activities of UK devolved administrations, explores the need for minimum age of criminal responsibility reform, considering how a holistic approach focused on diversion and the provision of rights respecting appropriate interventions can create positive, even transformative outcomes for children.

scholarly journals Gendered Justice: Inequalities in the Minimum Age of Criminal Responsibility in Iran

Youth Justice ◽  
2021 ◽  
pp. 147322542110228
Author(s):  
Jo Staines ◽  
Nadia Aghtaie ◽  
Jessica Roy
Keyword(s):  
United Nations ◽  
Criminal Responsibility ◽  
Rights Of The Child ◽  
Islamic Countries ◽  
Minimum Age ◽  
The United Nations

Using the minimum age of criminal responsibility (MACR) in Iran as an illustration, this article explores the continued resistance against girls’ rights in some Islamic countries. The gendered construction of childhood in Iran has resulted in a differential MACR, which for boys is notably higher than that recommended by the United Nations Committee on the Rights of the Child, yet for girls is unacceptably low. While breaches of girls’ rights in other areas are defended on the grounds of paternalistic concerns, it is argued that the MACR is a religious-politico decision that, in Iran, upholds the rights of boys but denies the rights of girls, propagating their wider subjugation.

‘Unsafe, Unjust and Harmful to Wider Society’: Grounds for Raising the Minimum Age of Criminal Responsibility in England and Wales

Youth Justice ◽  
2013 ◽  
Vol 13 (2) ◽  
pp. 111-130 ◽  
Author(s):  
Barry Goldson
Keyword(s):  
Criminal Responsibility ◽  
Community Safety ◽  
Social Harm ◽  
Policy And Practice ◽  
International Human Rights ◽  
England And Wales ◽  
Progressive Reform ◽  
Minimum Age ◽  
Outcomes For Children ◽  
Human Rights Standards

This article assesses critically the means by which social (symbolic) and statutory (institutionalized) constructions of child ‘offenders’ in England and Wales intersect and underpin processes of responsibilization and adultification. It is argued that securing immunity from prosecution should be the principal driver for raising the minimum age of criminal responsibility. In this sense the analysis is less concerned with questions of capacity and mens rea and more interested in: compliance with international human rights standards; modelling a system of justice that is broadly compatible with law, policy and practice in Europe (and elsewhere); ensuring that criminal law coheres with civil law; minimizing social harm and obtaining the best outcomes for children in conflict with the law, the wider community and the general public in respect of crime prevention and community safety. Finally, the prospects for such progressive reform within a context of heightened politicization are considered.

Reforming the age of criminal responsibility

2016 ◽  
Vol 46 (4) ◽  
pp. 436-448 ◽  
Author(s):  
Thomas Crofts
Keyword(s):  
United Nations ◽  
Criminal Responsibility ◽  
Common Law ◽  
Minimum Age ◽  
The United Nations ◽  
The Right

This article discusses the age at which criminal responsibility should begin and whether there is still a need for the rebuttable presumption of doli incapax. It clarifies the various meanings given to the concept of the age of criminal responsibility and considers its importance. Some common law countries have moved away from the traditional position of a minimum age level of 7 years and a rebuttable presumption of doli incapax from 7 years until 14 years. In doing so, there has been a tendency to raise the minimum age of criminal responsibility to 12 years and abolish the rebuttable presumption of doli incapax. After analysising these changes, the article argues that there is still a place for this presumption unless and until the minimum age of criminal responsibility is raised to the level preferred by the United Nations Committee on the Right of the Child.

scholarly journals “Catching them young” – some reflections on the meaning of the age of criminal responsibility in England and Wales

2014 ◽  
Vol 13 (3) ◽  
pp. 133-142 ◽  
Author(s):  
Tim Bateman
Keyword(s):  
Design Methodology ◽  
Conceptual Analysis ◽  
Criminal Responsibility ◽  
Evidence Base ◽  
Youth Justice ◽  
Policy Makers ◽  
England And Wales ◽  
Content Type ◽  
Original Analysis ◽  
Practical Implications

Purpose – The purpose of this paper is to explore the tension between government protestations that youth justice policy is evidence-led and what the evidence implies in the context of the age of criminal responsibility. Design/methodology/approach – The paper takes the form of a conceptual analysis of government policy and the evidence base. Findings – The paper concludes that the current low age of criminal responsibility in England and Wales can be understood as a manifestation of the influence of underclass theory on successive governments. Research limitations/implications – The paper is not based on primary research. Practical implications – The arguments adduced help to explain the reluctance of government to countenance any increase in the age of criminal responsibility. Social implications – The analysis might help inform approaches adopted by youth justice policy makers, practitioners and academics with an interest in seeking a rise in the age of criminal responsibility. Originality/value – The paper offers an original analysis of government intransigence on an important social issue.

The Impact of the Women's Decade on Policies, Programs and Empowerment of Women in Kenya

1989 ◽  
Vol 17 (2) ◽  
pp. 9-17
Author(s):  
Maria Nzomo
Keyword(s):  
United Nations ◽  
Women's Organizations ◽  
Policy Position ◽  
Policy Makers ◽  
Women In Development ◽  
The World ◽  
Kenyan Women ◽  
The United Nations ◽  
The Impact ◽  
Women’S Organizations

The 1985 Nairobi Conference to close the United Nations decade dedicated to women of the world caught Kenyan women (and men) by storm. Indeed, the majority of Kenyan women did not know, until the eve of this conference, that there had been an entire decade dedicated to them, and committed to the achievement of Equality, Development, and Peace. However, the Kenyan policy makers and the enlightened among Kenyan women, especially leaders of women's organizations, were not only fully aware of the decade's developments, but had in various ways participated and contributed to it. On its part, the Kenya government by the end of the decade, had adopted a Women in Development (WID) policy position and created and/or promoted national machineries to develop and coordinate programs for women.

Environmental and Collective Rights: Differences between Indigenous and Non-Indigenous ngo s Involved with the United Nations Human Rights Council

2021 ◽  
pp. 1-25
Author(s):  
Maia Hallward ◽  
Charity Butcher ◽  
Jonathan Taylor Downs ◽  
Emily Cook
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Collective Identity ◽  
Holistic Approach ◽  
Natural World ◽  
Human Rights Council ◽  
Non Governmental Organizations ◽  
Indigenous Organizations ◽  
The United Nations ◽  
Environment Sustainability

Abstract Scholarship on human rights and environmental justice suggests that organizations vary in their messaging regarding outcomes related to environmental protection and sustainability, differences often found in the divide between the Global North and Global South. The literature also suggests that Indigenous organizations represent groups that traditionally focus on issues of sovereignty, while grappling with unique problems related to assimilation, cultural preservation, and oppression. This study utilizes empirical data gathered from 333 non-governmental organizations affiliated with the United Nations Human Rights Council to explore whether Indigenous and non-Indigenous organizations, which share many aspects of their mission with one another at the transnational level, differ on issues related to environment sustainability and collective identity rights. Our results indicate that Indigenous organizations take a more holistic approach in addressing the relationship between humans and the natural world, centring marginalized perspectives through restorative justice and the needs of current and future generations.

The Continuum of Violence against Women and the Challenges of Effective Redress

2012 ◽  
Vol 1 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Rashida Manjoo
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Violence Against Women ◽  
Holistic Approach ◽  
Due Diligence ◽  
Special Rapporteur ◽  
Prevalence Rates ◽  
The United Nations ◽  
Rights Issue ◽  
The Continuum

Globally violence against women is a systemic and widespread problem. Despite the recognition of such violence as a violation of human rights, its numerous manifestations and increasing prevalence rates are a source of concern. The mandate of the United Nations (UN) Special Rapporteur on violence against women, its causes and consequences has over the eighteen years of its existence examined the phenomena both conceptually and in practice, through thematic reports and country mission reports, respectively. This article focuses on 4 aspects of violence against women. (1) It provides an overview of the evolution of violence against women as a human rights issue. (2) It examines the different manifestations of violence against women. (3) It examines the interpretation by States of their obligation to exercise due diligence in responding to and preventing violence against women. (4) It proposes a holistic approach to dealing with the issue of Violence against Women.

Perception on Child Rights Protection and Media Performance Among Kuje Internally Displaced Persons' Camp, Abuja, Nigeria

2020 ◽  
pp. 277-294
Author(s):  
Felix Chidozie Chidozie ◽  
Augustine Ejiroghene Oghuvbu
Keyword(s):  
United Nations ◽  
Child Rights ◽  
Policy Makers ◽  
Internally Displaced ◽  
Rights Protection ◽  
Rights Of The Child ◽  
Displaced Children ◽  
The Media ◽  
United Nations Convention ◽  
The United Nations

This essay examines media and child rights protection in Nigeria, using Kuje IDPs Camp in Abuja, FCT as a case study. It argues that the media has important and indispensable roles to play in enabling the promotion of the United Nations Convention on the Rights of the Child and Nigeria's Child Rights Act, 2003. The study adopted the qualitative method through interviews and focus group discussions conducted at the Kuje IDPs Camp. Findings suggest that the Nigerian government is not committed to implementing the prescription of the United Nations Convention on the Rights of the Child and the Child Rights Act, thus further jeopardizing the already fractured rights of the of children in IDPs camps in Nigeria. Similarly, the media is not paying attention to the plight of the displaced children. The prescriptions advanced in this study as well as the conclusions reached are relevant for policy makers at the national, regional, and international levels responsible for the rights of the children, especially the Nigerian child.

scholarly journals International Days at the United Nations: Expanding the Scope of Diplomatic Histories

Diplomatica ◽  
2019 ◽  
Vol 1 (2) ◽  
pp. 268-290
Author(s):  
Monika Baár
Keyword(s):  
United Nations ◽  
Marketplace Of Ideas ◽  
Policy Makers ◽  
The Public ◽  
The Third ◽  
Comprehensive Account ◽  
The United Nations

The article argues that more thorough scholarly engagement with the United Nations’ international days has the potential for expanding the scope of diplomatic histories. It first provides a taxonomy of UN years by illuminating their repertoire, dynamics and peculiarities. Next, it discusses instances of how UN days are communicated to the public, emphasizing the role of media and celebrity diplomacy. Subsequently, the article demonstrates the crucial contribution of ngos, policy makers, and professionals who, as “outside-insiders” form the “Third UN.” Lastly, the article advances the argument that in order to obtain a more comprehensive account of UN days, another group of actors should be identified. These are comprised of organizations and individuals who are complete outsiders, but nevertheless contribute to the UN’s “marketplace of ideas” – a group that may be designated the “Fourth UN.”

scholarly journals The common law influence over the age of criminal responsibility – Australia

2016 ◽  
Vol 67 (3) ◽  
pp. 283-300
Author(s):  
Thomas Crofts
Keyword(s):  
Criminal Responsibility ◽  
Common Law ◽  
England And Wales ◽  
Rights Of The Child ◽  
Minimum Age ◽  
The Common

This article explores how Australian jurisdictions came to have an approach to the age of criminal responsibility similar to that which existed in England and Wales until 1998. It discusses recent debates in Australia about reforming the minimum age of criminal responsibility and the presumption of doli incapax. This shows that while there has been criticism of the presumption of doli incapax within Australia no jurisdiction has taken the English step of abolishing it. It finds that a greater challenge to the presumption of doli incapax may, however, come from calls for an increase in the minimum age of criminal responsibility to the age of 12. While several common law countries have raised the minimum age level to 12 (as called for by the UN Committee on the Rights of the Child), they have also abolished the presumption of doli incapax, thus reducing protection for 12- and 13-year-olds. This article argues that unless the minimum age of criminal responsibility is raised to 14 or 16, as preferred by the UN Committee, there are good reasons to retain the presumption of doli incapax.

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