Author:

Abstract

The general aim of Article 40 the UN Convention on the Rights of the 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. 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 aims of this article are to draw out the complexity and richness of the Article 40 CRC paragraphs (1) and (2), which provide the procedural safeguards to be guaranteed at all stages of proceedings concerning a child alleged as, or accused of, having infringed the penal law. Based on the comments, the author presents a reflection about the role of the police in the juvenile justice system and elements of making a court child-friendly while dealing with a child in conflict with the law.

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