International standards to eliminate violence against girls who come into contact with the justice system

2015 ◽  
pp. 13-16
Author(s):  
Keyword(s):  
Justice System ◽  
International Standards ◽  
Violence Against Girls

EFFECTIVE STEPS ON THE WAY TO MODERNIZATION OF CIVIL SERVICE IN THE SYSTEM OF JUDICIARY BODIES: INTRODUCTION OF ELEMENTS OF GAME THEORY

2018 ◽  
Author(s):  
Olena Hladunova ◽  
Keyword(s):  
Game Theory ◽  
Justice System ◽  
Civil Service ◽  
Civil Servants ◽  
International Standards ◽  
Scientific Article ◽  
Basic Principles ◽  
Conflict Situations ◽  
Definition Of ◽  
The Right

In this scientific article the main elements of game theory are analyzed, the achievements of domestic and foreign scientists devoted to the consideration of such theory are investigated. The expediency of involving in the practical activity of the civil service in the system of judicial authorities effective methods used in the field of business and consisting in the use of game technologies, which have proven their effectiveness in terms of providing quality services. It is focused on the fact that game theory can play a key role in the decision-making process, however, it is important to strictly adhere to the limits of its application. Possible conflict situations in the work of civil servants of the justice system are formulated and it is investigated that in conflict conditions each so-called participant of the game makes his course, i.e. chooses his strategy, as a result of which the relevant conflict situation is outlined and a set of strategies of all players. Some examples of the use of elements of game theory are given and the content of certain types of strategies is revealed. In particular, a strategy is described, which is denoted by the term "screening". Taking into account the definition of ways to modernize the civil service, the need to include in standardized training programs for civil servants of the justice system category "B" training course, which will include the basic principles of game theory for their active use in conflict, skills to compromise in relationships with visitors to the court - recipients of court services, selection of the right strategy, consideration of theoretical and game modeling of personnel management tasks, focusing on the ability to obtain and timely provide the necessary information to create a new civil service in the judiciary that meets international standards.

Rights of Child Victims and Child Witnesses in Criminal Justice in Viet Nam

2016 ◽  
Vol 17 (1) ◽  
pp. 88-101
Author(s):  
Thi Nga Le
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Quantitative Methods ◽  
International Standards ◽  
Child Witnesses ◽  
Child Victims ◽  
Viet Nam ◽  
Global Integration ◽  
Criminal Cases

Over the last few years, Viet Nam’s economy has developed quickly and changed social values through global integration. The numbers of children who have been victims and witnesses of crime have increased. From the most common points of entry into a criminal case, there should be a set of regulations governing the rights of child victims and child witnesses in all stages of the criminal process and the child welfare system. The article argues that the rights of children as victims and witnesses in criminal cases in Viet Nam still lack the necessary safeguards and are not compatible with international law. Although the criminal justice system of Viet Nam has been improved to protect children’s rights, there are still many challenges to ensure and protect the rights of children when they participate in the criminal justice system as victims and witnesses. To narrow the gap between the international standards and the national legal system in juvenile criminal justice in Viet Nam, this article examines the problems in criminal justice to protect child victims and child witnesses in Viet Nam. The research is based on international standards of juvenile criminal justice and uses comparative and quantitative methods. It discusses how the national criminal justice system can be reformed to prevent child victims and witnesses from being abused.

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.

scholarly journals Comparing Reforms of Juvenile Justice in Bangladesh and Malaysia

2020 ◽  
Vol 3 (1) ◽  
pp. 15
Author(s):  
Nahid Ferdousi
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Well Being ◽  
International Standards ◽  
Significant Progress ◽  
Legal Reforms ◽  
Alternative Measures ◽  
Child Friendly ◽  
Justice Practice

The article attempts to critically compare juvenile justice reforms in both jurisdictions of Bangladesh and Malaysia. It explores legal reforms in line with the international standards to ensure the effective juvenile justice system as well as child well-being in the respective legal systems. The juvenile justice practice of Bangladesh and Malaysia are a testament that diverse juvenile laws, norms and systems exist. After ratification of UNCRC, significant progress has been achieved in both countries. Malaysia adopted mechanisms for rehabilitation in terms of job-based education and alternatives measures by the Child Act 2001. Child-oriented justice and alternative measures have started with the commencement of Children Act 2013 in Bangladesh. For both countries, there is a need for establishing a child-friendly justice system, which would ensure sustainable juvenile justice.

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 Theory of judicial security

2021 ◽  
Vol 1 (1) ◽  
pp. 23-30
Author(s):  
Olesia Bordun ◽  
Keyword(s):  
Justice System ◽  
Current Theory ◽  
International Standards ◽  
Methodological Basis ◽  
Court Judge ◽  
The Status ◽  
History Of ◽  
The Subject ◽  
Judicial Protection ◽  
Judicial Security

In this article, we have attempted to generalise the current theory of judicial security. We emphasised that traditionally the judicial security theory includes a set of scientific views on the security of the court, judge, justice system and participants in the trial, and the status of the Judicial Protection Service. We briefly described the history of judicial security and drew attention to the reforms of recent years. An analysis of international judicial standards has shown that the security of the judiciary correlates to its independence. We proposed an interdisciplinary adaptation of the judicial security methodology, considering the limitations of specialised research on the subject. As a result, we concluded that the lack of a sole methodological guideline produces uncorrelated changes in the judicial security system elements. To systematise the theory of security of the judiciary, we propose to consider the methodological basis of international standards of justice.

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 Violencia por razón de género en la pareja y estereotipos en el sistema de justicia: lecciones del Comité de la CEDAW = Gender-Based Violence in Intimate Relationships and Stereotypes in the Justice System: Lessons from the CEDAW Committee

2019 ◽  
Vol 4 (3) ◽  
pp. 29
Author(s):  
Emanuela Cardoso Onofre de Alencar
Keyword(s):  
Justice System ◽  
Gender Stereotyping ◽  
International Standards ◽  
Gender Violence ◽  
Intimate Violence ◽  
Gender Based Violence ◽  
El Sistema ◽  
Las Mujeres ◽  
Gender Based ◽  
And Gender

Resumen. El presente trabajo estudia la estereotipia de género en el sistema de justicia en casos de violencia contra las mujeres por razón de género en la pareja. En primer lugar, investiga qué son los estereotipos de género, cuáles son sus principales efectos e identifica algunos de los estereotipos más frecuentes en casos de violencia en la pareja. Luego analiza la contribución del Comité de la CEDAW a ese tema. El Comité ha sido pionero en señalar los vín­culos entre el uso de estereotipos, la discriminación y la violencia de género y, en los últimos años, ha demostrado cómo la estereotipia de género en el sistema de justicia, especialmente en casos de violencia en la pareja, vulnera derechos humanos y discrimina. Su trabajo ofrece estándares internacionales para combatir ese tipo de violencia y para guiar el desarrollo ju­rídico de esa materia, y proporciona argumentos para poner de manifiesto que la estereotipia obstaculiza el acceso de las mujeres a la justicia en igualdad de condiciones.Palabras clave: violencia de género, violencia en la pareja, discriminación, sistema de justicia, Comité de la CEDAW.Abstract. This paper studies gender stereotyping in the justice system in cases of inti­mate violence. First, it examines what are stereotypes, what are their main effects and points out some of the most frequent stereotypes in cases of intimate violence. Then it analyses the contribution of the CEDAW Committee on this subject. The Committee has a ground-breaking work in the linkages between stereotyping, discrimination and gender-based violence, and in the last years has underlined how gender stereotyping in the justice system, especially in cases of intimate violence, undermines human rights and discriminate. Its work offers international standards to address this kind of violence, leads legal development on this subject, and gives arguments to take seriously stereotyping in the justice system.Keywords: gender violence, intimate violence, discrimination, justice system, CEDAW Committee.

scholarly journals Prevention of torture of persons deprived of liberty in Serbia: the State of affairs and challenges

Temida ◽  
2019 ◽  
Vol 22 (1) ◽  
pp. 79-104
Author(s):  
Natasa Tanjevic
Keyword(s):  
Human Rights ◽  
International Law ◽  
Justice System ◽  
International Standards ◽  
Criminal Sanctions ◽  
Degrading Treatment ◽  
The Republic ◽  
State Of Affairs ◽  
The Right

According to numerous international documents, the Constitution of the Republic of Serbia as well as relevant laws and by-laws related to the criminal justice system in general and the field of execution of criminal sanctions in particular, there is an absolute prohibition of torture, inhuman or degrading treatment or punishment and of inviolability of physical and psychological integrity od people. Thus, the most important international documents related to the prohibition of ill-treatment of persons deprived of liberty are analysed in the paper. Moreover, the aim of the paper is to determine the extent to which Serbian legislation complies with the international standards in this field. In order to identify possible shortcomings in this area and, consequently, the needs for improving the protection of persons deprived of liberty from torture, special attention is given to the role of independent monitoring mechanisms in the prevention of torture. This is particularly important if bearing in mind that the right to physical integrity and human dignity falls under the human rights category and that the prohibition of torture has a special status in international law and is treated as an imperative norm, thus, binding every state.

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