Download e-book for kindle: Article 40: Child Criminal Justice (Commentary on the United by Geraldine Van Bueren

By Geraldine Van Bueren

ISBN-10: 9004148884

ISBN-13: 9789004148888

This quantity constitutes a observation on Article forty of the United international locations conference at the Rights of the kid. it's a part of the sequence, A observation at the United international locations conference at the Rights of the kid, which supplies a piece of writing through article research of all great, organizational and procedural provisions of the CRC and its not obligatory Protocols. for each article, a comparability with comparable human rights provisions is made, by way of an in-depth exploration of the character and scope of kingdom duties deriving from that article. The sequence constitutes a vital instrument for actors within the box of children rights, together with teachers, scholars, judges, grassroots staff, governmental, non- governmental and overseas officials. The sequence is backed by means of the Belgian Federal technological know-how coverage workplace.

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

Sample text

THE SCOPE OF ARTICLE 40 25 should be limited to those individuals who are directly concerned with the case. Finally, Beijing Rule 21(2) also provides that where a juvenile is subsequently involved in adult proceedings, the records of any juvenile proceedings should be inadmissible. 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 [.

176. 37 High Court of Fiji, Epeli Seniloli Anor v Semi Voliti, Judgement of 22 February 2000, Civ. Appeal No. HBA 0033 of 1999 (unreported). 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.

39 36 K. ), Children in Adult Prisons: An International Perspective (London, Frances Printer, 1986). See further G. c. (note 6), p. 176. 37 High Court of Fiji, Epeli Seniloli Anor v Semi Voliti, Judgement of 22 February 2000, Civ. Appeal No. HBA 0033 of 1999 (unreported). 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.

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Article 40: Child Criminal Justice (Commentary on the United Nations Convention on the Rights of the Child, 40) by Geraldine Van Bueren


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