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. 

scholarly journals Police restorative approach in the juvenile justice system

Temida ◽  
2010 ◽  
Vol 13 (3) ◽  
pp. 41-55
Author(s):  
Vesna Stefanovska
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
International Standards ◽  
Basic Principles ◽  
Foreign Expert ◽  
Different Response

Restorative justice is a new, different response to crime, response that offers and tries to establish justice again. Not going into aims, impact and basic principles of restorative justice, as well as into substance of different restorative practices, in this article we will concentrate on restorative interventions that lead to avoidance of the formal justice system. Concretely, we will analyze the role of the police in applying restorative interventions in the juvenile justice system. Particular emphasis will be put on the meaning and the aim of diversion procedures towards juvenile offenders that have committed minor offences and more serious ones for which they come in conflict with the law. In the foreign expert literature the concept of restorative policing is recognized (restorative approach in police conduct), as an attempt to introduce a new reform in performing police affairs. This subject should be approached very carefully and fundamentally, if we want consistent implementation of the new tendency and practices in the juvenile justice systems in accordance with the international standards.

scholarly journals PEMENUHAN HAK ANAK ATAS KESEHATAN DI PROVINSI NANGGROE ACEH DARUSSALAM DI DASARKAN QANUN ACEH NOMOR 11 TAHUN 2008 TENTANG PERLINDUNGAN ANAK

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Andri Kurniawan
Keyword(s):  
Legal Protection ◽  
The Body ◽  
Best Interests ◽  
Community Life ◽  
Right To Life ◽  
Child Rights ◽  
Rights Of The Child ◽  
Survival And Development ◽  
The Republic ◽  
Body Builder

Qanun Aceh No. 11 of 2008 concerning Protection of Children is based on the perspective that protection of children in all aspects is a part of the development activities and distinctive peculiarities of Aceh and promoting community life and nation in the Republic of Indonesia. Obligation to provide protection to children based on the principles of non-discrimination, the best interests of the child, right to life, survival, and development, and reward for the opinions of children. In the implementation, legal protection of children in Nanggroe Aceh Darussalam not fully comply. Those constraint relating with the legislation, the body builder, body organizer, health facilities and membership. Keywords  :   Qanun, Protection of the Child,  Rights of the Child on Health

Art.7 Children with Disabilities

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
Children With Disabilities ◽  
Best Interests ◽  
Right To Life ◽  
Persons With Disabilities ◽  
Rights Of The Child ◽  
General Welfare ◽  
Survival And Development ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.

The Rights of Children in Conflict with the Law in Ghana

2011 ◽  
Vol 19 (2) ◽  
pp. 271-293 ◽  
Author(s):  
Robert Kwame Ame
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Female Circumcision ◽  
Policy And Practice ◽  
Daunting Task ◽  
Female Children ◽  
The Law ◽  
Key Questions

AbstractIn a country where implementing children's rights in general remains a major challenge, the idea of according rights to children in conflict with the law can be a daunting task. With too many other children's problems to deal with such as the millions of street children and child laborers, female circumcision, and sexual violence against female children, the needs and rights of juvenile offenders could easily be relegated to the bottom of the government's priorities for children. Nonetheless, by virtue of ratifying the UNCRC in 1990, Ghana has made a commitment to address the needs and respect the rights of children in Ghana including its juvenile offenders. Thirteen years after ratifying the CRC, the Ghanaian Parliament passed the Juvenile Justice Act 2003 (Act 653). What rights does the Act accord children in conflict with the law? Do the policies and practices of the new juvenile justice system measure up to the standards of the Convention? These are the key questions addressed in this paper. The paper concludes that vis a vis the CRC, the new Juvenile Justice Act looks good on paper but argues that there is a colossal gap between policy and practice. The paper ends with suggestions on how to effectively protect the rights of children in conflict with the law.

scholarly journals Juvenile Punishment System in View of the Need for Education and Reintegration

2019 ◽  
Vol 5 (3) ◽  
pp. 21
Author(s):  
Jola Bode
Keyword(s):  
Criminal Justice ◽  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Code ◽  
Development Stage ◽  
International Standards ◽  
Special Treatment ◽  
Negative Effects

Due to age and development stage, juveniles enjoy a special status in relation to adult persons. The status as a juvenile in the criminal field raises the request for treatment in accordance with the physical-psychic characteristics of the juvenile and his educational needs. The punishment system is an important component of the criminal justice system for juveniles. As such, it must respond to requests for a special treatment consistent with the personality of juveniles and individual education needs. This system should be oriented towards the goal of education and rehabilitation of the juvenile. In accordance with the international standards of juvenile justice and contemporary legislation, the Criminal Code of the Republic of Albania (CC) has sanctioned a number of rules that allow for special treatment for juveniles in the area of the punishment system. Despite the positive aspects, the provisions of the Code were insufficient in view of the requirements of international standards and the need for education and reintegration. The legal reform which also included the criminal justice system for juveniles brought a number of changes in the area of juvenile punishment system too. With the entry into force of the Juvenile Criminal Code (JCC) it was possible to establish a special and autonomous system of penalties applicable to juvenile offenders. The implementation of this system serves a friendly juvenile justice aimed at avoiding the negative effects of imprisonment and tends towards social rehabilitation and reintegration. This study discusses the novelties brought by JCC in terms of the meaning, classification and determination of juvenile sentence system and it will be reflected in relation to the challenges of the effective implementation of the provisions relating to the punishment system. Conclusions will also be drawn regarding the compliance of this system with the request for special treatment of juvenile perpetrators and the need for integration and reintegration.

Alcohol and Drug Offenders in the Juvenile Justice System: Are There Differentials in Handling?

1982 ◽  
Vol 12 (1) ◽  
pp. 89-102 ◽  
Author(s):  
Charles F. Frazier ◽  
Roberto Hugh Potter
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Control Policy ◽  
Treatment Programs ◽  
Drug Offenders ◽  
Alcohol And Drug Use ◽  
And Control ◽  
Drug And Alcohol

The American stance on law and control policy relating to alcohol and drug use has been replete with vacillations. Decriminalization and treatment oriented responses have emerged alongside continued support for laws calling for stiffer penalties and stepped up enforcement. In this situation, concern has grown over the possibilities that liberal legislation is subverted in actual practice to serve other purposes. It is feared offenders may be coerced into alternative sentences in the name of treatment and that such treatments may ultimately be more restrictive than traditional punitive dispositions. The present study examines the dispositions of juvenile offenders at three levels in the justice system. Alcohol and drug of fenders are compared to other offender types. Our data show no significant differentials in the severity of disposition alcohol and drug offenders receive. Moreover, the data show that youths violating drug and alcohol statutes are no more likely than other offender types at the same level of offense seriousness of being coerced into treatment programs.

Psychometric Properties of the MAYSI-2 Among Latino Adolescent Offenders

2018 ◽  
Vol 45 (8) ◽  
pp. 1252-1268 ◽  
Author(s):  
Lesley Zannella ◽  
Jennifer Eno Louden ◽  
Patrick Kennealy ◽  
Tamara Kang
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Psychometric Properties ◽  
Mental Health Treatment ◽  
Justice System ◽  
Convergent Validity ◽  
Juvenile Justice System ◽  
Correlation Coefficients ◽  
Latino Youth ◽  
Confirmatory Factor Analyses

The Massachusetts Youth Screening Inventory-Second Version (MAYSI-2) has been widely adopted by juvenile justice agencies to identify adolescents in the juvenile justice system who have a mental disorder. Despite this, evidence of the ability of the MAYSI-2 to generalize across different ethnic groups is limited. Because Latinos are overrepresented in the juvenile justice system, we examined the psychometric properties of each subscale in a sample of 472 Latino juvenile offenders using confirmatory factor analyses (CFA), Pearson’s correlation coefficients, and simple linear regressions. The CFA models suggest adequate fit for Latino youth, and the correlations and regressions show strong convergent validity with the K-SADS-PL for a number of MAYSI-2 subscales, lending support to the generalizability of the MAYSI-2 to Latino adolescents. These results may be particularly beneficial for juvenile justice system administrators who render mental health treatment recommendations for youth offenders of different ethnicities.

提高刑责年龄: 保护或伤害? (RAISING THE AGE OF CRIMINAL RESPONSIBILITY: PROTECTION OR HARM?)

1999 ◽  
Vol 33 (01n02) ◽  
pp. 87-96
Author(s):  
铁荣 卢
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Responsibility ◽  
Juvenile Court ◽  
Substantial Improvement ◽  
Factors Affecting ◽  
Major Factors ◽  
Protection Order

香港的刑事责任年龄是七岁，即七岁以下的儿童，是不会被推定为有罪。这刑责年龄是国际标准上最低之一。近日本地的法律改革委员会建议将它提高至十岁，香港儿童权利委员会更建议以十四岁为刑责年龄。提高刑责年龄的后果，是所有在法定刑责年龄以下的违法少年都不再需要负法律责任，他们不需要经警司警诫或司法审讯，极其量只能由少年法庭引用保护令来保护他们。本文讨论影响青少年犯罪的三种重要因素，现时处理违法少年的方法，和在研究提高刑责年龄的可行性时，在少年司法制度中需要考虑的因素，特别是在没有彻底改善现行的少年司法制度时，广泛地运用保护令所带出之问题，最后建议一些处理方法。 In Hong Kong, the age of criminal responsibility is seven, i.e. any person aged below seven shall not be convicted of a crime. This age is one of the lowest in the world. Recently, the Law Reform Commission has recommended to raise the age to ten; the Committee on Children's Rights even suggested raising it to 14. If the age of criminal responsibility is to be raised, juvenile offenders would no longer be cautioned by the police or prosecuted in the juvenile court, although care or protection order can be granted o them. This article outlines the major factors affecting juvenile crimes and the current methods in handling juvenile offenders. It also identifies several crucial factors for consideration, in particular the negative effect of using care or protection order when no substantial improvement in the juvenile justice system has been made, if the age of criminal responsibility is to be raised. Several recommendations to improve the juvenile justice system are highlighted too.

A Critique of Diversionary Juvenile Justice

1978 ◽  
Vol 24 (1) ◽  
pp. 59-71 ◽  
Author(s):  
Bruce Bullington ◽  
James Sprowls ◽  
Daniel Katkin ◽  
Mark Phillips
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Justice System ◽  
Due Process ◽  
Juvenile Justice System ◽  
Troubled Youth ◽  
Parens Patriae

The increasingly zealous support today for diversion of youth from the juvenile justice system is a consequence of several widely held notions: ( 1) Traditional strategies for dealing with juvenile offenders have not worked; ( 2) informal diversion is used both widely and effectively now; and ( 3) the most humane treatment of troubled youth is based upon the parens patriae philosophy of justice. Yet, the authors contend, diversion may be seen as potentially dangerous and harmful, and they present several arguments against expansion of diversionary services: (1) The concept's ambiguity allows many to promote expansion of the juvenile justice system in the form of diversion "to" other programs, while true diversion "from" the system is nonexistent; ( 2) the goals of diversionary programs-such as elimination of stigmatizing labels and formal duplica tion of existing informal processes-are unattainable; ( 3) formal diversion is incompatible with due process ideals. Until these difficulties have been resolved, diversionary options should be viewed with caution.

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