Who Is a Child in Conflict with the Law (Cicl)
Life on the streets often leads to conditions that endanger an individual`s safety and endanger their human dignity. In addition, people living on the streets are finding it increasingly difficult to access justice and the protective functions of the law (Walsh, 2011). Therefore, while life on the street hinders a child`s access to justice, the same conditions exacerbate the risk of a child coming into conflict with the law. This creates a dynamic in which children most in need of legal protection have access only to the punitive aspects of the law. This is partly because children who live on the streets can commit survival crimes, and partly because children, even those who do not live on the streets, spend more hours in public spaces and are therefore disproportionately affected by laws against public harassment, antisocial codes of conduct, violations of status (such as alcohol consumption by minors) or laws to combat children (curfews and anti-association laws). (see Walsh, 2017; Squires and Stephan, 2005). (iii) to have the case decided without delay by a competent, independent and impartial judicial authority or authority at a fair hearing in accordance with the law, in the presence of legal or other appropriate assistance and, unless this is considered to be in the best interests of the child, having regard in particular to his or her age or circumstances, parents or guardians; The importance of a minimum age below which children cannot be criminalized has long been a principle of the international normative framework for justice for children. The Beijing Rules stipulated that States should establish a MACR and that it should not be too low an age level, taking into account the facts of emotional, mental and intellectual maturity” (1985, Rule 4). (a) The age of criminal responsibility is the age at which a child, aged fifteen (15) years and one (1) day or more, but under eighteen (18) years of age, commits a distinctive offence. States Parties recognize the right of any child accused of being accused or recognized as having violated criminal law to be treated in a manner consistent with the promotion of the child`s sense of dignity and worth, thereby enhancing the child`s respect for the human rights and fundamental freedoms of others and the age of the child and the desirability of promoting the child`s reintegration; and acceptance of a constructive role for the child. in society. A common challenge for many countries is the lack of available data and statistics on the situation of children who have come into conflict with the law, and in particular on the status of children deprived of their liberty.
Measures to establish and support data collection systems, disaggregated by age and sex, should be an integral part of a specialized response to juvenile justice. This is fundamental to establishing a basis for longitudinal studies of trends in the number of children coming into contact with justice systems, as victims, witnesses or as accused, accused or perceived criminal law violators. This is a prerequisite for the development of sound policies and programmes to promote effective juvenile justice and to guarantee the rights of children in conflict with the law. However, the collection, retention and analysis/analysis of such data must respect the right of the child not to arbitrarily invade his or her privacy and mechanisms should be put in place to safeguard the dignity and anonymity of children in accordance with the principle of the best interests of the child. (a) if the child in conflict with the law is not eligible for diversion; REVISED REGULATIONS ON CHILDREN IN CONFLICT WITH THE ACT Section 1. Applicability of the rule. – This rule applies to all criminal cases involving children in conflict with the law. A child in conflict with the law is a person under the age of eighteen at the time the crime is committed, but at least fifteen (15) years of age and one (1) day. This rule does not apply to a person who must have reached the age of eighteen (18) years at the time of the first contact within the meaning of § 4 letter q of this rule; in that case, the normal rules of criminal procedure shall apply without prejudice to the rights granted under paragraphs 53, 54, 55 and 56 of this Rule.
Section 2. Lens. – The objective of this article is to ensure that the judicial system treats every child in conflict with the law in a way that recognizes and defends the dignity and worth of the human person and transmits to the child respect for the fundamental rights and freedom of others. The rule takes into account the child`s age of development and the desirability of his or her reintegration into society and the acceptance of a constructive role in society in accordance with the principles of balanced and restorative justice. International standards emphasize that the primary objective of any action against children within the juvenile justice system, including deprivation of liberty, recovery and reintegration of the child, must be the punishment or protection of society. In many countries, many countries, there are no targeted activities in institutions where children are deprived of their liberty, such as education and vocational training programmes, physical exercise facilities, therapies and the treatment of problems such as drug addiction and intellectual disabilities. To some extent, this is due to a lack of resources; However, it is usually the result of insufficient recognition of the importance of promoting the recovery and social reintegration of children in conflict with the law. (b) Where appropriate, measures to be taken in respect of such children without recourse to judicial proceedings, provided that human rights and legal guarantees are fully respected. According to the court, the provisions relating to the detention of children for their own “protection” are found in the legislation on juvenile courts, in the Child Protection Act, or decisions of this type are implemented at the discretion of the police, bailiffs and probation committees. Whether the custodial sentence is formulated as a court decision or as a protective measure, it follows that children are detained against their will and, in most cases, the institution where the child is detained does not provide the social protection ecology necessary for the well-being of the child. The regularity with which this happens around the world throws a bad light on those who are responsible for caring for children (whether parents, government or contract carers) and raises extremely confronting questions about the value that children have in society at large. The following section traces only a few of the contexts in which children may be criminalized due to gaps in child welfare systems.
or discriminatory or criminal law and procedure. Juvenile justice is not an issue to which States seem to be giving priority attention. The problem is often exacerbated by inefficient planning to enable the most efficient allocation of resources. Low priority also leads to unqualified and poorly paid staff caring for children who have come into conflict with the law, especially children deprived of their liberty. In many countries, staff working with children who have come into conflict with the law, particularly in developing countries, do not have sufficient knowledge of child and youth protection practices, and there is little reward or prospect of advancement for those who do good work. The selection and appointment of staff is also arbitrary, as few countries conduct rigorous background checks and selection processes to identify qualified potential employees. These challenges can often be met by failing to provide the specialized support needed to mitigate the vicarious trauma that justice workers experience as a result of their front-line work with child victims, witnesses and children accused of criminal law infringement. Worldwide, the age at which children are held criminally responsible for their actions varies considerably. In some jurisdictions, the Penal Code provides that children from the age of seven may be prosecuted (e.B Mauritania; Libya; Egypt; Sudan; and North Carolina in the United States). .