Article 40: Child Criminal Justice (Commentary on the United by Geraldine Van Bueren

By Geraldine Van Bueren

This quantity constitutes a remark on Article forty of the United international locations conference at the Rights of the kid. it truly is a part of the sequence, A observation at the United countries conference at the Rights of the kid, which gives an editorial through article research of all substantial, organizational and procedural provisions of the CRC and its not obligatory Protocols. for each article, a comparability with similar human rights provisions is made, by means of an in-depth exploration of the character and scope of country tasks deriving from that article. The sequence constitutes an important device for actors within the box of youngsters rights, together with teachers, scholars, judges, grassroots staff, governmental, non- governmental and foreign officials. The sequence is backed by means of the Belgian Federal technological know-how coverage place of work.

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Extra resources for Article 40: Child Criminal Justice (Commentary on the United Nations Convention on the Rights of the Child, 40)

Sample text

King and C. Piper, How the Law thinks about Children (Aldershot, Ashgate Publishing, 1990). 41 D. O’Donnell, Juvenile Justice and the Rights of the Child: a paper prepared for the Seminar on Human Rights and Juvenile Justice, Barbados, 1989 (Geneva, Defence for Children International, 1989). 42 The Guidelines for Action on Children in the Criminal Justice System43 refer to the need for a child-centred criminal justice process which should establish youth courts. 44 In examining States Parties reports under Article 40, the CRC Committee will need to consider whether and to what degree States which rely on the criminal courts are fulfilling their duty to take into account the child’s age and desirability of promoting the child’s reintegration.

3. Article 40(3) 43. As a means of fulfilling the aims of child criminal justice enshrined in international law, Article 40(3) of the CRC provides that States Parties should seek, ‘to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children [. ]’ 44. ’ Under the CRC, States Parties are under a duty to ‘seek to promote the establishment of’ specific procedures and institutions dealing separately with children’. However, the duty in the American Convention on Human Rights is stricter and more direct.

The CRC, the CCPR, the regional human rights treaties, and the Beijing Rules provide a framework for applying the principles of natural justice to children, many of which are equally applicable to adults. The CRC states clearly that the Convention lays down only the minimum of guarantees. Article 40 (2)(b) provides that a child has ‘at least the following guarantees’. The implication of this is that protections which are included in other international and regional human rights treaties are also applicable to children.

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