scholarly journals Article 19 of the CRC and the Criminal Justice System's Duty to Protect Children against Violence

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Yvon Dandurand
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Violence Against Children ◽  
United Nations General ◽  
Rights Of The Child ◽  
New Instrument ◽  
The United Nations

The United Nations General Assembly will soon adopt a new instrument to help prevent violence against children: the United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice. The new instrument should help States give full effect to Article 19 of the Convention on the Rights of the Child. It is an important tool because it is the first international instrument to articulate the responsibility of the criminal justice system, in cooperation with child protection and other agencies, to prevent and respond to violence against children. The instrument aims to improve the effectiveness of the criminal justice system in preventing, prohibiting and responding to all forms of violence against children, as well as preventing any violence against children which may occur during their contacts with that system. The article introduces the new instrument, describes its main features and relates them to several of the difficult challenges every society faces in preventing violence against children.

scholarly journals Education Training and Human Rights of the Prisoners in Bangladesh

2018 ◽  
Vol 1 (2) ◽  
pp. 26-70
Author(s):  
M Abdul Hamid ◽  
Hosneara Begum
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
United Nations ◽  
Criminal Justice System ◽  
Justice System ◽  
Education And Training ◽  
Judicial System ◽  
Human Being ◽  
The United Nations ◽  
And Training

Every human being is entitled to the inherent rights of nature. They are entitled to possess these rights subject to the provisions of the law applied to the land. The concept of society is meaningless without the presence of these inherent rights of a human being. The term human rights are being collectively used to mean those legal claims which are related to mankind. And such type of universal rights of human beings grew in mankind from the very ancient time. These rights are so inherent that without these a man cannot think of living with due dignity. Human rights therefore represent minimal moral standards for human society. Every country has its own criminal justice delivery system under which certain acts or omission is regarded as crime and sufficient sanctioning measures are there. An individual who is charged with the commission of a crime is regarded as an accused. Accused who is arrested and forwarded for criminal trial is called a prisoner. A prisoner has the right to defend himself against the charges brought against him/her by every facility ensured by the law. Many efforts in international and in municipal arena as well are found for the promotion and protection of the rights of public in general and of the prisoners in particular. For this purpose some important and remarkable human rights instruments like the Universal Declaration of Human Rights, 1948, the International Covenant on Civil and Political Rights, 1966, the United Nations Standard Minimum Rules for the Treatment of Prisoners, 1957, the United Nations Draft Body of Principles for the Protection of All Persons Under Any form of Detention or Imprisonment, 1988 and in various domestic legislations. However, our present judicial system is surrounded by thousands of problems. Throughout the whole country paucity of courts or judges are common feature of our judicial system. Moreover, the unhygienic environment in the prisons caused by the overcrowding of prisoners need to be examined for the protection of the rights of the prisoners. Protection of the rights and interests of the prisoners as well as there psychological and economic assistance is vitally important for the fair implementation of criminal laws and also for gaining public confidence in criminal justice system. Therefore, this study seeks to explore those particular factors that impair the criminal justice system, which is essentially important for the protection of the rights of the prisoners. This study also seeks to correlate international and national protection of human rights which are applicable to the prisoners’ criminal proceedings in particular. The condition of the prisoners in the jail custody of Bangladesh has been set forth in detail and a comparison with the different international and domestic instruments are dealt with in this study. The purpose of this study is to show and examine the legal position of the prisoners and recognition of their rights including education and training of the prisoners within the purview of international as well as municipal law of Bangladesh. This study has also been reflected on human rights situation with regard to the prisoners in Bangladesh. Another issue is to be taken into consideration that, a human being of any age may commit crime. During the period when an accused or a convict remains within the walls of the prison cells usually can not take formal education of the land and there is a high apprehension that after his or her release he/she may be involved again in crime immediately. Therefore, if these persons can achieve necessary education and training during their stay in prison they can lead a better life after release from jail custody by utilizing those education and training in the remaining portion of their life in the society. This research work aims at focusing on the necessity and implication of education and training in the life of the prisoners of Bangladesh. In addition, this study finds out the facade of the real conditions of the prisoners through a number of case studies.

scholarly journals Legal Protection of the Rights of the Child Victims in Indonesian Juvenile Criminal Justice System

2020 ◽  
Vol 23 (01) ◽  
pp. 24-35
Author(s):  
Oksidelfa Yanto ◽  
Yoyon M. Darusman ◽  
Susanto Susanto ◽  
Aria Dimas Harapan
Keyword(s):  
Criminal Justice ◽  
School Violence ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Physical Violence ◽  
Legal Protection ◽  
Child Victims ◽  
Rights Of The Child ◽  
Victims Of Violence

This research purposes to observe the development of crimes against children in Indonesia. Firstly, will take a closer look toward the importance of child protection in family, school and the environment from violence and crime. Secondly, will evaluate how far the criminal justice system can give protection toward the children as victims of violence and crime. Thirdly, looking at the state responsibility in giving sanctions through the criminal justice system. The method used in this research is juridical-normative by collecting secondary data related to legislation and materials obtained from books, journals, and other relevant materials. The observation result shown that many children are victims of violence. The victimization is basically everywhere, not only at home, but also at school. Violence in schools is not merely physical violence, but also psychological. The responsibility for protecting, educating, and developing children lies in the environment, family, and school. The function of criminal law to fight crimes against children's rights is a major factor in the success of the juvenile criminal justice system.

scholarly journals SISTEM PEMIDANAAN ANAK SEBAGAI PELAKU TINDAK PIDANA PERSPEKTIF UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2016 ◽  
Vol 6 (1) ◽  
pp. 58
Author(s):  
Guntarto Widodo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Child Protection ◽  
Justice System ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Rights Of The Child ◽  
The Republic

This study describes The principles system of legal protection against Children as criminal perpetrator in Law of the Republic of Indonesia Law Number 11 of 2012 concerning Juvenile Criminal Justice System refer to the Convention on The Rights of The Child  and it has covered most of the principles of child protection perpetrator as well. The research method used in this study is a normative legal research because it includes the scope of legal dogmatic learning or researching legal rules. The study also found  First, The provision of punishment against the child has been in accordance with that stipulated in Law Number 23 of 2002 concerning Children Protection which states that imprisonment can be applied to the child when there is not last effort any longer, and shall be executed separately from the adult prison;,Second,  The Child protection efforts shall be implemented by imposing sentencing restorative (restorative justice) and diversion in the event that completing the requirement of Law Number 11 of 2012 concerning Juvenile Criminal Justice System. Keywords: Sentencing System, Criminal Justice System, Child Protection

scholarly journals Skipan talsmanns fyrir börn – grundvöllur ákvörðunar og framkvæmd

2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir
Keyword(s):  
United Nations ◽  
Child Protection ◽  
Justice System ◽  
Democratic Society ◽  
Rights Of The Child ◽  
The Status ◽  
United Nations Convention ◽  
Child Friendly ◽  
The Right ◽  
International Instruments

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.

scholarly journals PERAN PENYIDIK DALAM PENERAPAN DIVERSI TERHADAP PERKARA TINDAK PIDANA ANAKDI WILAYAH KABUPATEN POHUWATO

2019 ◽  
Vol 2 (1) ◽  
pp. 35-46
Author(s):  
MUHAMMAD RIZAL LAMPATTA
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Research Libraries ◽  
Professional Worker

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore, it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in implementation Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source, i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research, and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act/mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional worker based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

scholarly journals Model Penegakan Hukum Anak yang Berhadapan dengan Hukum dalam Proses Penyidikan

2015 ◽  
Vol 10 (2) ◽  
pp. 167
Author(s):  
Hamidah Abdurrachman ◽  
Fajar Ari Sudewo ◽  
Dyah Irma Permanasari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Criminal Court ◽  
Central Java ◽  
The Law ◽  
Pass Through

Upaya memberikan perlindungan terhadap Anak yang berhadapan dengan hukum dalam Sistem Peradilan Pidana Anak menunjukkan perkembangan yang sangat berarti. Selama ini terhadap anak yang berkonflik dengan hukum, ditangani secara umum seperti orang dewasa. Anak-anak tersebut melewati proses hukum tanpa ada pendampingan bahkan segera dilakukan upaya paksa berupa penangkapan dan penahanan sehingga anak mengalami putus sekolah. Undang-Undang No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak meletakkan fondasi perlindungan anak dengan pendekatan Keadilan Restoratif yaitu dalam penyelesaian perkara melibatkan pelaku, korban, keluarga pelaku/korban dan pihak lain yang terkait untuk bersama-sama mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula dan bukan pembalasan. Keadilan restoratif ini diwujudkan melalui Diversi yaitu pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses ke luar pengadilan pidana. Hasil penelitian ini menunjukkan bahwa di Jawa Tengah kasus anak yang berkonflik dengan hukum secara umum diselesaikan melalui jalur diversi dan sebagian lainnya diproses menggunakan berdasarkan KUHAP atau jalur pidana. Hal lainnya meskipun sudah menerapkan jalur diversi terhadap anak yang berkonflik dengan hukum namun belum ada keseragaman atau kesamaan model diversi sebagaimana yang diamanatkan di dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak.<br /><br /><br /><em>Efforts to provide protection against Children in conflict with the law in the Criminal Justice System Child shows a very significant development. During against children in conflict with the law, generally handled as an adult. These children pass through the legal process without immediate assistance even forceful measures in the form of arrest and detention so that children have dropped out of school. Law No. 11 Year 2012 on the Criminal Justice System Child laid the foundation of child protection approach Restorative Justice that in settling disputes involving offenders, victims, family offender/victim and other relevant parties to work together to find a fair settlement with the emphasis on restoring back to its original state and not retaliation. Restorative justice is realized through the transfer of settling disputes Diversion namely children from the criminal justice process to a process outside the criminal court. The results of this research showed that in Central Java case of children in conflict with the law are generally resolved through the diversion and some processed using by the Criminal Code or the criminal path. Another thing despite applying diversion path towards children in conflict with the law but there is no uniformity or sameness models of diversion as mandated in Law No. 11 Year 2012 on Child Criminal Justice System</em><br /><br />

scholarly journals THE REALIZATION OF LEGISTATIVE MEASURE OF THE RIGHTS OF THE CHILD POST-SECOND AMANDEMENT OF THE CONSTITUTION

2018 ◽  
Vol 7 (1) ◽  
pp. 41
Author(s):  
M Nur Rasyid
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Child Protection ◽  
Justice System ◽  
Government Regulation ◽  
Second Amendment ◽  
Rights Of The Child ◽  
Library Research ◽  
The Government ◽  
Legislative Measures

<p class="Authors"><em>The government has obligation to protect the rights of the child. In the second amendment of Indonesian Constitution of 1945 in 2000 it was added one chapter, namely Chapter XA on human rights. The rights of the child is incorporated in the Article 28B that stipulated every child entitles to life, growth, develop and to get protection from violence and discrimination.</em></p><p class="Authors"><em>The problem is how the legislative measure of the rights of the child as the implementation of Article 28B. The data were obtained through library research consist of acts related to protection and judiciary of the rights of the child and the related conventions.</em></p><em>The result of the research shows that the government has undertaken legislative measures by making act on child protection, Act Number 23 of 2002 on child protection that has been revised as Act Number 35 of 2014, and the second revision by Act Number 17 of 2016  following the Government Regulation substituted  Act Number 1 of 2016. Act Number 3 of 1997 has been revised on Child Judiciary become Act Number 11 of 2012 on Child Criminal Justice System. It needs synchronization of various related regulations and capacity building for the institutions of child protection.</em>

scholarly journals Legal Protection Reform for Children Conflicted with Law

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 59
Author(s):  
Emy Rosna Wati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Court ◽  
Legal Protection ◽  
Victims Of Crime ◽  
The Law ◽  
The Government

The government has long been giving protection to children. Protection is reflected in the issuance of various Law. One of them is the Law No. 23 of 2003 on Child Protection. The legal protection of children in conflicted with law and child as victims of crime are regulatedin articlenumber 64. Issuance of Law No. 3 of 1997 on Juvenile Court actually originates from a passion for protecting the rights of children in conflicted with the law. However, due to inadequate understanding and mindset of Juvenile Court, which is do not have the children’s perspective, what comes up is that the substance of Law on Juvenile Court is not to protect children but to prosecute children. However, after the release of Law No. 11 of 2012 onThe Criminal Justice System of Children, legal protection of children in conflict with the law was encouragingly reformed. How To Cite: Rosna Wati, E. (2014). Legal Protection Reform for Children Conflicted with Law. Rechtsidee, 1(1), 59-70. doi:http://dx.doi.org/10.21070/jihr.v1i1.101

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