By Geraldine Van Bueren
This quantity constitutes a statement on Article forty of the United countries conference at the Rights of the kid. it's a part of the sequence, A observation at the United countries conference at the Rights of the kid, which gives an editorial by means of article research of all considerable, organizational and procedural provisions of the CRC and its not obligatory Protocols. for each article, a comparability with comparable human rights provisions is made, via an in-depth exploration of the character and scope of nation duties deriving from that article. The sequence constitutes an important software for actors within the box of young children rights, together with teachers, scholars, judges, grassroots staff, governmental, non- governmental and overseas officials. The sequence is subsidized via the Belgian Federal technological know-how coverage workplace.
Read Online or Download Article 40: Child Criminal Justice (Commentary on the United Nations Convention on the Rights of the Child, 40) PDF
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Additional info for Article 40: Child Criminal Justice (Commentary on the United Nations Convention on the Rights of the Child, 40)
Children, like adults, benefit from the principle of equality before the law. All persons are equal before the courts and tribunals, in both the determination of criminal cases and civil rights and obligations. A child is entitled, according to Article 40(2)(b)(iii) of the CRC, ‘to have the matter determined without delay by a competent independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance unless it is considered Ibid.
They therefore have great potential and practical scope. In one sense, however, the term diversions is misleading as children are not diverted away from the legal system itself but merely from its more formal aspects. 47. The Beijing Rules provide that appropriate consideration should be given for dealing with juvenile offenders without resorting to formal trial. The Beijing Commentary notes that in many cases non-intervention would be the best response, and diversion at the outset without referral to alternative social services may be the optimal response.
38 Art. 40 (2)(iii) of the CRC. 39 This includes the types of administrative boards which are found in Scotland and Scandinavia. 16 CHAPTER THREE 30. The emphasis is on the ‘competent impartial and independent’ nature of the proceedings and hence under the CRC it is not essential that the body determining the charge is judicial, providing that the authority’s procedures comply with the safeguards enshrined in the Convention. The unusual and lengthy formulations found in Article 40(1) of the CRC (‘States Parties recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law’) are intended to reflect the diversity in the types of juvenile proceedings throughout the world responsible for determining the penal responsibility of children.