Youth Justice

This article by the Council of Europe Commissioner for Human Rights explains the importance of ensuring that juvenile justice approaches incorporate compliance with children's rights standards in the United Nations and the Council of Europe. It explains the importance of a high age of criminal responsibility, the incorporation into juvenile justice systems of education, reintegration and rehabilitation, and the need to ensure that detention is a last resort. The importance of ensuring that children receive a prompt and a fair trial is also highlighted. The article concludes with reference to measures being adopted by the Council of Europe to secure the rights of children in conflict with the law.

In the Dayton Agreement that marked the end of the conflict in Bosnia and Herzegovina in 1995, the two entities comprising the state agreed to secure international human rights to all persons, including children. Thereafter, the Constitution accorded primacy to the European Convention on Human Rights over domestic law. Further, Bosnia looks toward the European Union with hope of membership. Thus, Bosnian criminal law is in the midst of reform to improve the situation of children in conflict with the law. Accordingly, the Strategy against Juvenile Offending was adopted to improve respect for children's rights. It foresees the adoption of a Juvenile Justice Act, the creation of a Juvenile Court, and the appointment of specialized professionals. Secondly, it recognizes that the effectiveness of a juvenile justice system depends on the availability of diversion and alternatives to judicial proceedings and criminal sanctions. This article analyses these two aims in the light of international standards and the need for rule of law reform. The problems experienced in implementing diversion, and local initiatives taken to rectify these shortcomings are also addressed.

New Zealand's youth justice system has been lauded internationally for its restorative and diversionary approach to youth justice. This article takes a fresh perspective to youth justice in New Zealand, namely that of children's rights. Using the Convention on the Rights of the Child (CRC) and associated international standards as benchmarks, this article argues that although the system has many positive aspects in its design, there are difficulties in implementation, especially in relation to checks on discretion. This article also queries whether the future direction of the New Zealand youth justice system, especially the increased emphasis on restorative justice, is positive for children.

This article attempts to set out a framework for understanding children's rights in the youth justice system. It distinguishes between the child's status and rights as offender, and the child's status and rights as child. It argues that at certain stages — namely, the margins of youth justice (the pre- and post-crime contexts) - the child's primary status is child, and hence his/her rights as a child should have primacy. It applies the framework set out in part one to the post-crime margin, specifically to the use of intensive fostering as part of a community sentence, to children in custody, and to children leaving custody. It considers some of the children's rights issues which arise here.

This article is based on primary research conducted with children in community and custodial settings in Northern Ireland. It provides an analysis of the social, economic and political context in which children's rights are routinely breached. Presenting consultations with children in the community, the article considers the impact of negative assumptions, disrespect and exclusion from participation. It demonstrates how the rights of socially excluded and marginalized children are consistently undermined. Further, it draws on the experiences of children and the views of staff in considering the rights of children in custody. In conclusion, the article explores the contributions of critical analysis and rights-based discourses within an increasingly punitive climate.