Protecting the Child’s Right to Participate in Criminal Justice Proceedings

Eva Manco

Abstract


The general aim of Article 40 the UN Convention on the Rights of Child (CRC) is to uphold the rights, and ensure the safety, of all juveniles in conflict with the law, who fall within the remit of the criminal juvenile justice system. In four paragraphs, besides enumerating procedural guarantees to the right of a fair trial, Article 40 enshrines new provisions compared to other relevant human rights instruments, such as treatment that is consistent with the child’s sense of dignity and worth; treatment that reinforces the child’s respect for the human rights and freedom of others; and treatment that takes into account the child’s age and promotes the child’s reintegration into and assumption of a constructive role in society. The article explores in detail the normative aspects of Article 40 CRC paragraph (1) and (2), as well as considers the role of the police in the juvenile justice system and elements of making a court child-friendly.


Keywords


Child in conflict with the law; Right to participate in criminal proceedings; the best interest principle; police; a child-friend court;

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Copyright (c) 2016 Eva Manco

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