Alignment of Vietnamese Law on the Treatment of Juvenile Prisoners With International Standards and Norms

Youth Justice ◽  
2021 ◽  
pp. 147322542199526
Author(s):  
Duy Tan Huynh Le ◽  
Yvon Dandurand
Keyword(s):  
Juvenile Offenders ◽  
International Standards ◽  
Juvenile Crime ◽  
Asian Countries ◽  
Justice Research ◽  
Juvenile Detainees ◽  
Legal Reforms ◽  
Criminal Sanctions ◽  
Rights Of The Child ◽  
Forms Of Violence

Criminal sanctions, in spite of their obvious limitations, play an important role in the prevention of juvenile crime. In spite of international admonitions against the use of detention, Vietnam like many other South-East Asian countries still relies heavily on the deprivation of liberty, in both specialized juvenile institutions and adult prisons, in handling juvenile offenders. Because imprisonment, according to international standards, is meant to be used only as a last resort and for the shortest period of time possible, juvenile justice research has tended to ignore what is going on in places of detention and focus instead on diversion and alternatives to detention. This article focuses on Vietnamese law concerning the prison regimes applicable to juvenile detainees and the extent to which it complies with internationally accepted standards and norms. It reviews existing measures for the protection of juveniles against all forms of violence during their incarceration, including abusive disciplinary measures and the absence of independent oversight of prisons. It also considers arguments for and against the building of juvenile prisons to separate juveniles from adults as required by article 37 of the Convention on the Rights of the Child. It concludes with recommendations for legal reforms.

scholarly journals The Development of Four Leading Principles of the Convention on the Rights of the Child in Vietnam´s Juvenile Justice

2017 ◽  
Vol 4 (2) ◽  
pp. 267
Author(s):  
Duc Nguyen
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
International Standards ◽  
Best Interests ◽  
Right To Life ◽  
Rights Of The Child ◽  
Survival And Development ◽  
Procedural Code

The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam.Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard. 

Assessing Attitudes Toward Juveniles and Adults Adjudicated for Sexual Offenses in Canada: Does Offender Age Matter?

2020 ◽  
Author(s):  
Brandon Sparks
Keyword(s):  
Public Policy ◽  
Juvenile Offenders ◽  
Adolescent Development ◽  
Sentence Length ◽  
Juvenile Crime ◽  
Young Offenders ◽  
Moral Outrage ◽  
Sexual Offenses ◽  
The Past ◽  
Effect Of Age

Over the past several decades, societal responses to juvenile crime has evolved from harsh sentences (including death) to more lenient punishments in congruence with our greater understanding of adolescent development. However, some groups of young offenders, such as those convicted of sexual offenses, appear to have fallen victim to a more punitive zeitgeist, where the mitigating effect of age may be diminished. In a 3 x (2) design, participants were randomly assigned to one of three vignette conditions and completed several measures regarding both juveniles and adults adjudicated for sexual offenses, including attitudes, moral outrage, and recommendations for sentence length and registration. Results indicated that adjudicated juveniles are viewed more favourably than their adult counterparts, although both received relatively long sentences. Further, over 90% of participants endorsed some form of registration for juvenile offenders. Implications for offender reintegration and public policy are discussed below.

CRIMINAL LAW IN PROTECTION OF HEALTH FROM THE ABUSE OF DRUGS IN SERBIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1939-1946
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina M. Simović
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
International Standards ◽  
Individual State ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Different Types ◽  
The Republic ◽  
To Come ◽  
Practical Sense

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.

scholarly journals Prevention and Prophylaxis of Youth Delinquency and Peculiarities of Appointing Punishment to Minors during a Pandemic

2021 ◽  
Vol 58 (1) ◽  
pp. 1043-1049
Author(s):  
Ziyoda Yakubovna Turabaeva
Keyword(s):  
Juvenile Offenders ◽  
Necessary Conditions ◽  
Criminal Prosecution ◽  
Youth Delinquency ◽  
Rights Of The Child ◽  
Domestic Legislation ◽  
The World ◽  
Problems And Solutions ◽  
The Impact ◽  
Further Development

Significant work is currently being done around the world to protect the rights of the child, pay special attention to the upbringing of minors, create the necessary conditions for them to organize their time properly, take measures to prevent them from interfering in crime and to impose penalties and impunity on juvenile offenders. In this article analyzed features of inflicting of penalties to a juvenile, peculiarities of criminal prosecution of minors, improving institutions which discharge from liability and penalty based on international experience, in particular, convicting other noncustodial penalties and other legal measures at the period of COVID-19 and further development, introducing special principles for juvenile in criminal law, the impact of punishments imposed on juvenile offenders, As well as, issues of prevention and prophylaxis of youth delinquency, measures should be taken to prevent youth delinquency, problems and solutions on this field, reforms, the forms and methods of work of government agencies involved in the prevention of delinquency among young people, causes and conditions of juvenile systemic crime, domestic legislation on prevention and prophylaxis of youth delinquency and peculiarities of appointing punishment to minors are studied. The following article expresses a number of suggestions for improving the legislation system of juvenile delinquency, features of imposing them punishment and release of them from punishment. 

Psychological and legal aspects of probation control in relation to minors

2021 ◽  
Vol 47 (2) ◽  
pp. 113-119
Author(s):  
S. Imanbayev ◽  
◽  
D. Tel’zhanova ◽  
◽  
◽  
...  
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Offenders ◽  
Legal Aspects ◽  
International Standards ◽  
Probation Service ◽  
The Creation ◽  
The Republic ◽  
Psychological Assistance ◽  
Further Development ◽  
Goals And Objectives

The article examines the origins of the creation of the probation service in Kazakhstan, its introduction into the sphere of criminal executive law, goals and objectives. The measures for the implementation of probation control, its role in the provision of qualified psychological assistance to juvenile offenders are considered. The ways of implementing probation control at the present stage are also indicated, the main tasks of the state are presented, program documents aimed at further development and improvement of the probation service are studied. Studied and presented statistical data on the dynamics of juvenile delinquency in the republic. The psychological characteristics of minors are analyzed, in respect of whom it is necessary to carry out a comprehensive and regular analysis of their specific needs. The creation of a specialized staff of trained employees to provide social and legal assistance to minors is emphasized and argued. This paper also raises the question of the need to introduce specialization of the penitentiary psychologist in the universities of the Republic of Kazakhstan in order to achieve high results in the prevention of juvenile delinquency. To comply with international standards in the field of protecting the rights and freedoms of minors, crime prevention, attention is focused on complementing national legislation with the norms of UN international documents.

MENGENALKAN RAGAM BENTUK KEKERASAN, SANKSI PIDANA DAN PENCEGAHANNYA MELALUI KEGIATAN PENGABDIAN KEPADA MASYARAKAT

2021 ◽  
pp. 787
Author(s):  
Imelda Martinelli
Keyword(s):  
Child Protection ◽  
Human Life ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Helping Others ◽  
Question And Answer ◽  
Service Activity ◽  
Victims Of Violence ◽  
Legal Subjects ◽  
Forms Of Violence

Children are one of the legal subjects who have the potential to become victims of violence. Violence faced by children can be in the form of physical, psychological, sexual and neglect. Against these various types of violence, the Domestic Violence Law and the Child Protection Law can serve as the basis for criminalizing the perpetrators. In the Child Protection Law, even criminal sanctions against perpetrators of sexual violence against children are weighted for punishment. Furthermore, the law is equipped with additional penalties in the form of announcing the identity of the perpetrator, and action sanctions in the form of chemical castration and installation of electronic detection devices. However, efforts to overcome violence against children are not enough to rely on criminal sanctions. This is evidenced by the rise in the number of violence against children. Therefore, prevention efforts are needed through increasing understanding of the importance of making helping others a basic need of human life. So that each individual will always help and provide assistance to children who need help. The method of implementing this community service activity is carried out using the lecture, discussion and question and answer method at Loyola High School Semarang. The activity begins with material exposure regarding forms of violence, sanctions and prevention. After the presentation, there was a discussion session and a question and answer session regarding the material that had been presented. The results of the service implementation activities were obtained by understanding various information about child violence and its prevention.Anak menjadi selah satu subjek hukum yang berpotensi menjadi korban kekerasan. Kekerasan yang dihadapi oleh anak dapat berupa kekerasan fisik, psikis, seksual dan penelantaran. Terhadap berbagai kekerasan tersebut, UU KDRT dan UU Perlindungan Anak dapat menjadi dasar pemidanaan terhadap pelaku. Dalam UU PerlindunganAnak bahkan sanksi pidana terhadap pelaku kekerasan seksual terhadap anak terdapat pemberatan pemidanaan. Lebih lanjut dalam undang-undang tersebut dilengkapi pidana tambahan berupa pengumuman identitas pelaku, dan sanksi tindakan berupa kebiri kimia dan pemasangan alat pendeketksi elektronik. Namun upaya penanggulangan kekerasan terhadap anak tidak cukup hanya mengandalkan sanksi pidana. Hal ini terbukti dengan maraknya angkakekerasan terhadap anak. Oleh sebab itu, diperlukan upaya pencegahan melalui peningkatan pemahaman tentang pentingnya menjadikan menolong orang lain sebagai kebutuhan dasar hidup manusia. Sehingga setiap individu akan senantiasa menolong dan memberikan bantuan kepada anak yang membutuhkan bantuan. Metode pelaksanaan kegiatan pengabdian kepada masyarakat ini dilakukan dengan menggunakan metode ceramah, diskusi dan tanyajawab di SMA Kolese Loyola Semarang. Kegiatan diawali dengan paparan materi berkenaan dengan bentuk kekerasan, sanksi dan pencegahannya. Setelah paparan dilakukan sesi diskusi dan tanya jawab berkenaan dengan materi yang telah disampaikan. Hasil kegiatan pelaksanaan pengabdian diperolehnya pemahaman mengenai berbagai informasi seputar kekerasan anak dan pencegahannya.

Perceptions of Adolescents and Caregivers of Corporal Punishment: A Qualitative Study Among Indo-Caribbean in Suriname

2018 ◽  
Vol 33 (4) ◽  
pp. 686-707 ◽  
Author(s):  
Inger W. Van der Kooij ◽  
Rita K. Chotoe-Sanchit ◽  
Gerben Moerman ◽  
Ramón J. L. Lindauer ◽  
Jaipaul R. Roopnarine ◽  
...  
Keyword(s):  
Corporal Punishment ◽  
Public Information ◽  
Middle Income ◽  
Children’S Perspectives ◽  
Middle Income Countries ◽  
Rights Of The Child ◽  
The Caribbean ◽  
Child Violence ◽  
Effective Discipline ◽  
Forms Of Violence

While the protection of children from all forms of violence is a fundamental right guaranteed by the Convention on the Rights of the Child, violence remains a part of life for children around the globe. Corporal punishment is a form of violence and a dominant practice as a method of corrective parenting in the Caribbean. While researchers are starting to ask children directly about their experiences of violence, there is limited research on children’s perspectives of the function, legality, and boundaries of corporal punishment, particularly in low-and middle-income countries. This study begins to address this gap by reporting on 12 focus groups that were conducted with adolescents (aged 12 to 18 years) and caregivers of Indo-Caribbean background in Suriname. The aim is to explore adolescents’ and caregivers’ shared perspectives about the prevalence of corporal punishment in Suriname, responses to and feelings about its use as a discipline strategy and perspectives of the rationales for and against corporal punishment, and their views on banning it. Analyses were done using ATLAS.ti version 1.0.50, a qualitative data package. Corporal punishment showed to be an everyday experience in children’s lives in Suriname. There was no clear consensus regarding adolescents’ and caregivers’ perspectives on the parental use of corporal punishment. Many participants hesitated to support efforts to prohibit corporal punishment legally. Messages arising from this study could usefully inform the development of a public information campaign on safe and effective discipline of children in Suriname.

scholarly journals Legal Aspects of Participation Practices in the Albanian Education Context

2020 ◽  
Vol 72 (1) ◽  
pp. 94-108
Author(s):  
Heliona Miço ◽  
Manjola Zaçellari Lumani
Keyword(s):  
Educational System ◽  
Education System ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Standards ◽  
Communist Regime ◽  
National Council ◽  
Government School ◽  
Rights Of The Child ◽  
Children And Parents

AbstractThe article aims to provide an analysis of Albanian legislation regarding children’s and parents’ participation in education, by taking into account their respective roles and duties as known in the legal framework, as well as their on-going functional role as participants in practice. This research will analyse Albanian legislation and policies as regards the educational system, shedding light on the steps needed to be taken towards achieving international standards regarding the promotion of the participation of children and parents in education. Albania was under a communist regime, in which parental participation in the educational system was extremely limited and information given to parents was only regarding the progress of their child. After the fall of this monist regime changes did not happen immediately in the Albanian education system. The Convention on the Rights of the Child was one of the first international instruments ratified by the Albanian government focusing on the sanctioning and protection of the rights of the child, in a time when these rights were considered non-existent. Sanctioning the right of the child to express freely his or her own views in various issues where the child’s opinion is necessary requires that Albanian legislation includes the participation of children in every field especially in education. A general principle of the Convention is that the child’s right to be heard be considered as one of the four principles needed for the interpretation of all other articles. Research also demonstrates that effective schools have high levels of children’s and parental involvement. Despite the fact that legal steps have been taken towards recognition of the involvement of children and parents in education creating bodies such as the pupils’ government, school boards, parental councils, and lately the national council of parents, there are still unclear legal ways to implement their participation in the Albanian education system. In order to make participation possible, first and foremost, it is important to provide information regarding school activities, processes and decisions which must be transmitted to the children and parents, by creating routes of communication. This can be achieved by setting up some useful mechanisms that promote children’s and parents’ participation in education.

scholarly journals National Strategy on Action for Children in Russia and Council of Europe Strategies for the Rights of the Child

2016 ◽  
Vol 21 (1) ◽  
pp. 108-118 ◽  
Author(s):  
G.V. Semya
Keyword(s):  
Sexual Abuse ◽  
Cultural Differences ◽  
International Standards ◽  
National Strategy ◽  
Council Of Europe ◽  
European Guidelines ◽  
Rights Of The Child ◽  
Main Current ◽  
Two Phases ◽  
Guidelines And Standards

Development of the National Strategy for Action on Children for 2012–2017 implemented in two phases (2012–2014 and 2015–2017) coincided with the Council of Europe Strategies for the Rights of the Child for 2012–2015, and the new Council of Europe Strategies for the Rights of the Child for 2016–2022 takes effect in 2016. Author provides description of a new European instrument: the main current challenges in the field of children safeguarding; top areas and measures to respond to these challenges; methods to implement the strategy including based on the recommendations of the Committee of Ministers of the Council of Europe to the Member States. The article gives examples of Russia’s accession to the international legal community through the ratification of various conventions that allowed to take domestic measures to ensure international standards to secure children from such crimes as trafficking in children, underage prostitution and por- nography, sexual abuse. The present paper examines opportunity to take into ac- count the new European guidelines and standards in Russian childhood policy and describes action taken in Russia to protect children’s rights as a response to the integrated European challenges, taking into account social and cultural differences.

scholarly journals THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND PROTECTION OF CHILDREN’S RIGHTS AT CONSTITUTIONAL LEVEL

2016 ◽  
pp. 0-0
Author(s):  
Марина Шелютто ◽  
Marina SHyelyutto
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations ◽  
Venice Commission

The adoption of the United Nations Convention on the Rights of the Child in 1989 meant the international recognition of children as autonomous right-holders. The Convention includes practically all traditional human rights: civil, political, economic, social and cultural rights, to which every child is entitled. The Report on the Protection of Children’s Rights: International Standards and Domestic Constitutions adopted by the Venice Commission in 2014 shows that national constitutions of some Council of Europe Member States have implemented the provisions of the Convention in different manner after its adoption. Some constitutions (the Russian Constitution is among them, too) reflect the traditional paternalistic approach (according to which children need protection) but not the rights-based approach. The inclusion in the Constitution of guarantees of rights for everyone may be insufficient to ensure respect for these rights for every child. The recommendations of the UN Committee on the Rights of the Child and the Venice Commission to include in national constitutions the key message that children are holders of human rights and the general principals of the Convention are topical for the Russian Federation.

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