scholarly journals A CRITICAL LEGAL ANALYSIS ON THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY IN THE NEW ISLAMIC PUNISHMENT ACT OF IRAN

2014 ◽  
Author(s):  
Jal Zabdi Mohd Yusoff ◽  
Shohreh Mousavi ◽  
Farah Nini Dusuki ◽  
Behnam Rastegari
Keyword(s):  
Criminal Responsibility ◽  
Final Analysis ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Legal Analysis ◽  
Rights Of The Child ◽  
Minimum Age ◽  
The Government ◽  
Emotional Immaturity

The provision for a minimum age of criminal responsibility (MACR) is stated in a number of international children’s rights instruments. The preamble of the United Nations Convention on the Rights of the Child (UNCRC) states that a child, by reason of his physical, mental and emotional immaturity is in need of special safeguards, care and assistance. Despite remarkable improvements in a number of provisions, an examination of the Iran’s laws and regulations reveal that the provision of MACR is currently in conflict with the international instruments particularly the UNCRC. This is despite the fact that Iran is a State Party of the UNCRC since. Furthermore, the Iranian Civil Code expressly provide that the government is to implement the UNCRC provisions as an international treaty. This article critically examines the position of the MACR and punishments of children in the new Islamic Punishment Act of Iran (2013) based on the four Islamic categories of punishments namely Hadd, Qisas, Diya and Ta’zir as enshrined in the new Act. The current article places emphasis on the examination of the issue of MACR in Iran and how effectively it is addressed by the new Act. The nature of this research is doctrinal by examining the new Act of Iran 2013 with a critical legal overview on the Articles relating to children and their impact on the rights of children. Furthermore, it compares the relevant Articles on MACR and punishments of the new Act with the previous abolished Act and the international standards. The purpose is to highlight both the limitations and advancements of the new Act. In the final analysis, this article concludes that despite the improvements in the field of children’s rights in the new Act, it still poses potential risks for the rights of the children in Iran.

“Evolving Capacities” and “Parental Guidance” in The context of Youth Justice

2020 ◽  
Vol 28 (3) ◽  
pp. 500-520
Author(s):  
Ursula Kilkelly
Keyword(s):  
Parental Support ◽  
Criminal Responsibility ◽  
Children's Rights ◽  
Children’S Rights ◽  
Youth Justice ◽  
Rights Of The Child ◽  
Parental Guidance ◽  
The Law ◽  
Role Of Parents ◽  
Article 5

Abstract Article 5 of the United Nations Convention on the Rights of the Child (uncrc) is a pivotal children’s rights provision, which recognises the ‘responsibilities, rights and duties of parents’ to provide ‘appropriate direction and guidance’ to the child in the exercise of his/her rights, in a manner consistent with ‘the evolving capacities of the child’. Underpinning children as holders of rights, Article 5 bridges the gap between children who require parental support to exercise their rights and those who are capable of exercising them on their own behalf. There has been limited consideration of Article 5 to date and even less in specific contexts like juvenile justice. The uncrc has particular relevance to children in conflict with the law where issues of criminal responsibility, capacity and the role of parents are central. This article explores the application of Article 5 by querying the relevance of the principle of “evolving capacities” to children in conflict with the law and to the exercise of children’s rights in the criminal justice system. It considers what role, if any, ‘the responsibilities, rights and duties’ of parents have in such proceedings while addressing, more generally, whether Article 5 adds value to the child’s rights approach to youth justice.

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.

scholarly journals Starosne granice krivično-pravnog maloljetstva u uporednom pravu

2021 ◽  
Vol 41 (3) ◽  
pp. 781-802
Author(s):  
Vedad Gurda
Keyword(s):  
Criminal Responsibility ◽  
The United States ◽  
International Standards ◽  
European Countries ◽  
Criminal Courts ◽  
Legal Standards ◽  
Rights Of The Child ◽  
Minimum Age ◽  
Age Limit ◽  
Criminal Legislation

This paper presents a comparative legal overview of the juvenile age of criminal responsibility as an age framework in which young people enjoy a special (privileged) criminal status due to their immaturity. When it comes to the lower limit as minimum age of criminal responsibility, comparative legal solutions are different and they range from six or seven years in some countries, up to eighteen years in other. In most European countries, the age limit is set at the age of 14, which is the minimum age of criminal capacity proposed by UN Committee on the Rights of the Child. In comparative law the significance of the age limit is relativized by prescribing two or more such age limits (depending on the gravity of the crime or due to the application of the doli capax doctrine), as well as other legal solutions. On the other hand, in most countries, juvenile criminal responsibility lasts until the age of eighteen, although in some states in the United States and some other non-European countries it ends earlier. The importance of the age limit in some legislations is relativized by the possibilities of applying juvenile criminal law to young adults, but also through the possibility of referring minors to the criminal courts of general jurisdiction (“adult courts”) even before the age of criminal majority. In the paper was analyzed international legal standards related to these issues, as well as legislative solutions in the countries of the region. In conclusion it was stated that the legal solutions contained in juvenile criminal legislation of the countries of the former SFR Yugoslavia are harmonized with international standards in this area.

Hong Kong pre-service teachers’ attitudes towards and knowledge of children’s rights

2018 ◽  
Vol 15 (2) ◽  
pp. 119-135
Author(s):  
Yan Lam Lo
Keyword(s):  
Hong Kong ◽  
Children's Rights ◽  
Self Determination ◽  
Children’S Rights ◽  
Adequate Knowledge ◽  
Rights Of The Child ◽  
Positive Attitudes ◽  
Training Institutions ◽  
The Government ◽  
Teachers Attitudes

The Convention on the Rights of the Child emphasizes that the education of the child should be directed to the development of respect for human rights and fundamental freedoms. However, though Hong Kong is a one of the States Parties to the Convention on the Rights of the Child, the government does not put much emphasis on promoting Convention on the Rights of the Child. Children’s rights education is not compulsory in schools or in teacher training institutions in Hong Kong. It is detrimental if teachers do not possess adequate knowledge and positive attitudes towards children’s rights as they hold a crucial role in educating children about their rights and nurturing rights-respecting students. Through modifying Rogers and Wrightsman’s Children’s Rights Attitudes Scale, the present research examined pre-service teachers’ attitudes towards children’s self-determination rights, nurturance rights, and the conflict between self-determination and nurturance rights, and also their knowledge of children’s rights, in order to uncover the areas of improvements.

scholarly journals IMPLEMENTASI KEBIJAKAN PENGEMBANGAN KABUPATEN/KOTA LAYAK ANAK (KLA) DI KOTA PALEMBANG

2020 ◽  
Vol 2 (2) ◽  
pp. 36-52
Author(s):  
Amir Mahmud ◽  
Suandi Suandi
Keyword(s):  
Development Policy ◽  
Children's Rights ◽  
Children’S Rights ◽  
Political Environment ◽  
Research Use ◽  
Business World ◽  
Violence Against Children ◽  
Rights Of The Child ◽  
Child Friendly ◽  
The Government

Implementation of Child Friendly Cities Development Policy is one way to create an environment that can guarantee fulfillment of children's rights carried out by the government together with the community and the business world. In Indonesia, cases of violations of children's rights are increasingly prevalent, especially cases of violence against children. The purpose of this research is to determine Implementation of Child Friendly Cities Development Policy in Palembang City. This research use methode is qualitative methode. This research used policy implementation theory by Van Metter and Van Horn in Agustino (2008). Data collection techniques which used are interview, observation and documentation. Data analysis which used is data reduction, display data, and conclusion. The triangulation technique used to check the validity of the data in this research is the source and method triangulation. The result shows that the implementation of Child Friendly Cities Development Policy in Palembang is generally good, seen from the achievement of the objectives policy with the fulfillment of the majority of children's rights under the Convention on the Rights of the Child (KHA), although there are some things still need to be improved, namely the characteristics of implementing agencies, inter-organizational communication and implementing activities, as well as the economic, social and political environment.

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 Incorporation of the UN Convention on the Rights of the Child in National Law

2020 ◽  
Vol 28 (1) ◽  
pp. 133-156
Author(s):  
Simon Hoffman ◽  
Rebecca Thorburn Stern
Keyword(s):  
Human Rights ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Analysis ◽  
Child Rights ◽  
Rights Of The Child ◽  
Human Rights Treaties ◽  
Legal Integration ◽  
Legislative Measures

Incorporation is amongst the legislative measures of implementation of the UN Convention on the Rights of the Child (crc) recommended by the Committee on the Rights of the Child. This article will discuss incorporation of the crc in national law. It will show how incorporation is understood in different contexts, and highlight possible tensions between child rights and international law discourse and analysis. It begins by reviewing literature on incorporation of human rights treaties before discussing how incorporation is conceptualised in the context of the crc. The focus then shifts to a review of studies that provide insights into how incorporation and legal integration of the crc impact on how children’s rights are treated in national legal systems. While primarily a commentary on the available literature, the authors reflect on the significance of incorporation and how this is understood for academic and legal analysis, and what the evidence tells us about its contribution to the realisation of children’s rights.

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