Academic literature on the topic 'Child Justice Act'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Child Justice Act.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Child Justice Act"
1
Terblanche, Stephan S. "The Child Justice Act: Procedural Sentencing Issues." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 320. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2314.
Full textAbstract:
In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires pre-sentence reports to be obtained from probation officers before sentencing any child offender, with only a limited number of exceptions. The article argues that the peremptory nature of the Act means that a probation report is always required, even if reports by other experts are also available. The exceptions are limited to instances other than those where the child offender is sentenced to any form of imprisonment or to residence in a care centre. The article addresses the question of whether or not the reference to imprisonment includes alternative imprisonment which is imposed only as an alternative to a fine. It suggests that alternative imprisonment should, generally, not be imposed on child offenders. When an exception is not prevented because of the sentence, a pre-sentence report may be dispensed with only when the offence is a schedule-1 offence (the least serious class of offences) or when obtaining a report would prejudice the child. It is argued that these exceptions are likely to occur rather rarely. A final aspect of the Act’s provisions on pre-sentence reports is the requirement that reasons be given for a departure from the recommendations in a pre-sentence report. This requirement merely confirms the status quo. The Act permits the prosecutor to provide the court with a victim impact statement. Such a statement is defined in the Act. It is a sworn statement by a victim or someone authorised by the victim explaining the consequences to the victim of the commission of the crime. The article also addresses the issue of whether or not the child justice court might mero motu obtain a victim impact statement when the prosecution does not do so. Finally, the article addresses appeals against and reviews of the trial courts’ sentences. It notes that appeal by the child offender is made somewhat easier, as some child offenders need not obtain leave to appeal. These include children under the age of 16, or older children sentenced to imprisonment. Again, the meaning of “imprisonment” is at least somewhat ambiguous. The provisions on automatic review have attracted considerable judicial attention already. The majority of these judgments confirmed the apparently clear wording of the Act, in terms of which the cases of all child offenders under the age of 16 should be reviewed regardless of whether they were legally represented or of the sentence imposed. In the case of child offenders aged 16 or 17, only custodial sentences are reviewable. The judgments which found this to be an incorrect interpretation are dealt with in some detail, with the conclusion that they were incorrectly decided.
2
Terblanche, Stephan. "The Child Justice Act: A Detailed Consideration of Section 68 as a Point of Departure with Respect to the Sentencing of Young Offenders." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (June 1, 2017): 435. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2531.
Full textAbstract:
The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children out of detention and away from the formal criminal justice system, mainly through diversion. When these interventions would be inadequate or unsuccessful, the Act provides for child offenders to the tried and sentenced in child justice courts. Until now there has been little discussion of the details of the provisions dealing with sentencing. Sentencing in a child justice court is regulated by chapter 10 of the Act and section 68 is the first section in this chapter. This section effectively amounts to the “jurisdictional” provision of the new child sentencing system: it not only mandates child justice courts to impose their sentences in terms of the Act, but also provides the first set of boundaries (or the first part of the framework) within which sentencing should take place. Despite its brevity, section 68 is not without interpretative challenges. Of course, it has to be interpreted within the context of the entire Act. Explaining this context is the first function of this article. The various aspects of section 68 are further critically explored and discussed.
3
Sloth-Nielsen, J., and J. Gallinetti. ""Just say sorry?" Ubuntu, Africanisation and the Child Justice System in the Child Justice Act 75 of 2008." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 4 (June 8, 2017): 62. http://dx.doi.org/10.17159/1727-3781/2011/v14i4a2584.
Full textAbstract:
In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem solving as an approach to the criminal behaviour of youth.This article analyses the new place of restorative justice and ubuntu in the Act through an analysis of the Preamble, Objects and General Principles sections of the Act as well as the chapters on diversion and sentencing. It notes that there is a clear and consistent framework for restorative justice and ubuntu in the Act that accords with the Constitutional Court’s understanding of both concepts.In addition, the article also enquires if the inclusion of these concepts has created a criminal justice system for children that does not hold them properly accountable for their actions. The question as to whether or not the Act has created a "just say sorry" regime is answered in the negative by way of reference to the numerous checks and balances included in the Act by the legislature.In this context it is contended that the inclusion of ubuntu-related ideologies remains relevant to the development of indigenous and locally constructed images of Africanised forms of justice, but that the true test of how it is integrated into the criminal justice system lies in the manner in which criminal justice role-players engage with ubuntu and how its implementation is effected.
4
Geoffrey, Leandré C., and Marelize I. Schoeman. "Acting in the best interests of children with psychiatric disorders who conflict with the law: A critical analysis of South African legislation." South African Journal of Criminal Justice 36, no. 1 (2023): 58–82. http://dx.doi.org/10.47348/sacj/v36/i1a4.
Full textAbstract:
The significant prevalence of psychiatric disorders in child offenders requires the justice system to provide direction in the treatment of these children. This submission considers whether the Children’s Act 38 of 2005, the Child Justice Act 78 of 2008, the Criminal Procedure Act 51 of 1977 and the child justice procedures uphold the best interests of child offenders with a mental illness or defects by juxtaposing South African legislation and child justice procedures with the best interests standard principle. The authors conclude that current legislation and legal procedures are not in the best interests of children with psychiatric disorders. Children with mental illness or defects are not adequately protected and they cannot participate equally in justice delivery processes. Furthermore, adequate consideration is not given to the affect of mental disorders or defects in decisions during child justice proceedings. It is recommended that the Child Justice Act be amended to include a section in which the rights of children with psychiatric disorders are protected and measures be put in place to address their psychosocial and developmental needs. Children with psychiatric disorders who are in conflict with the law should be classified as children in need of care and protection to break the causal nexus between psychiatric disorders and delinquency.
5
Ferdousi, Nahid. "Comparing Reforms of Juvenile Justice in Bangladesh and Malaysia." Substantive Justice International Journal of Law 3, no. 1 (April 20, 2020): 15. http://dx.doi.org/10.33096/sjijl.v3i1.52.
Full textAbstract:
The article attempts to critically compare juvenile justice reforms in both jurisdictions of Bangladesh and Malaysia. It explores legal reforms in line with the international standards to ensure the effective juvenile justice system as well as child well-being in the respective legal systems. The juvenile justice practice of Bangladesh and Malaysia are a testament that diverse juvenile laws, norms and systems exist. After ratification of UNCRC, significant progress has been achieved in both countries. Malaysia adopted mechanisms for rehabilitation in terms of job-based education and alternatives measures by the Child Act 2001. Child-oriented justice and alternative measures have started with the commencement of Children Act 2013 in Bangladesh. For both countries, there is a need for establishing a child-friendly justice system, which would ensure sustainable juvenile justice.
6
Dr. Sanjeev Gangwar. "In the field of child justice, the role/functioning of the Child Welfare Committee; CWC/Juvenile Justice Board;JJB, in the context of District-Farrukhabad U.P." Knowledgeable Research: A Multidisciplinary Journal 2, no. 1 (August 31, 2023): 39–46. http://dx.doi.org/10.57067/kr.v2i1.136.
Full textAbstract:
Every child is full of talented qualities but it needs such a society and suitable time which helps to shine its talent like rainbow veins. The schemes of the government are commendable for child development, but their non-use on the ground is the biggest hindrance in child development. There the role of law starts where it is tried to bring it on the right path through corrective methods or by punishment for which various provisions were already made in many laws like in Section-82 of the Indian Penal Code-1860. The Juvenile Justice (Care and Protection of Children) Act was enacted in 1960, the Juvenile Justice Act in 1986, the Juvenile Justice (Care and Protection of Children) Act in 2000 and now the Juvenile Justice (Care and Protection of Children) Act in 2015. Children should be kept away from crime not by punitive methods but by corrective methods and they should be prepared in such a way that they can become good citizens, but for some years there has been an unprecedented increase in cases of rape, murder, kidnapping by minors, which need to be curbed. Juvenile Justice (Care and Protection of Children) Act 2015 was enacted for the purpose of juvenile justice, Child Welfare Committee and Juvenile Justice Board for children in conflict with the law were constituted at the district level all over India, which The Ministry of Women's Welfare and Child Development and the Department of Justice are jointly operating it. Certainly, their role in improving child's crime tendency can be beneficial, and with the proper effort and cooperation of the family and society, the disintegrating childhood can be saved. Which is a bitter truth.
7
Ferdousi, Nahid. "Justice for Children in Bangladesh: Legal and Ethical Issues." Bangladesh Journal of Bioethics 11, no. 1 (September 18, 2020): 35–39. http://dx.doi.org/10.3329/bioethics.v11i1.49268.
Full textAbstract:
Reform of child justice system has started with enactment of the Children Act 2013 in Bangladesh. The Act adopted a number of institutional setup for child friendly justice i.e. child help desks in the police station, separate children’s court, child development centres, national child welfare board etc. These all are inter-linked and the responsibilities of concerned authorities have been focused in the law. In practice, most of the children are deprived from their fair justice in different phases i.e. police arrest, prosecution, court hearing and correctional treatment as there are lack of professional ethics of concerned personnel. Ethical approach, skill and knowledge of personnel are major challenges for treatment of offender children. Thus code of ethics are important for professionals to provide value-based justice for the best interest of the children. The study focuses on the legal and ethical responsibility towards child justice system in the country to protect child rights and their childhood.
8
Kramers-Olen, Anne L. "Neuroscience, moral development, criminal capacity, and the Child Justice Act: justice or injustice?" South African Journal of Psychology 45, no. 4 (September 23, 2015): 466–79. http://dx.doi.org/10.1177/0081246315603633.
Full text
9
Salomé, Jacqueline. "Children, Accountability and Justice: Advancing Restorative Justice for Child Soldiers and Child Pirates." Allons-y: Journal of Children, Peace and Security 1, no. 1 (March 27, 2020): 33–51. http://dx.doi.org/10.15273/allons-y.v1i1.10042.
Full textAbstract:
The variance in the international community’s approach to justice for child soldiers and child pirates is curious – why is it that child pirates are faced with impunity or, alternatively, harsh criminal sentences, sometimes in adult courts and prisons, while child soldiers are offered restorative justice with a focus on rehabilitation and reintegration? There are many commonalities in the role and experience of child soldiers and child pirates, most notably in terms of their indistinct role as victim and perpetrator. Nonetheless, the international conception of these children and the legal and policy responses to their crimes are vastly different. Restorative justice is widely accepted as an appropriate response to cope with child soldiers in post-conflict settings due to its ability to uphold the accountability of the child, prioritize rehabilitation, healing, and reintegration, and act as a prevention mechanism for re-entry into conflict. It seems the same should apply to child pirates – strangely, it does not.
10
Tsurayya Istiqamah, Destri. "ANALISIS NILAI KEADILAN RESTORATIF PADA PENERAPAN HUKUM ADAT DI INDONESIA." Veritas et Justitia 4, no. 1 (June 28, 2018): 201–26. http://dx.doi.org/10.25123/vej.2914.
Full textAbstract:
Already in 2014, restorative justice as a distinct approach within the general criminal justice system had been used as the basis to treat child victims and offenders (the child protection Act of 2014). Nonetheless it is worth noticing that long before the promulgation of this Act, restorative justice has been used and is embedded in the living law of the Indonesian indigenous populations. This paper, using a descriptive analytical method, shall elaborate upon those traditional values found in the living law of the indigenous populations which resembles or reflects a restorative justice approach. In addition the author argues that this approach should also be used outside the limited scope of children criminal justice system.
Dissertations / Theses on the topic "Child Justice Act"
1
McGregor, Melissa. "An evaluation of the Child Justice Act." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1278.
Full textAbstract:
“No civilized society, regards children as accountable for their actions to the same extent as adults”.1 In the absence of a justice system applicable exclusively to children in conflict with the law in South Africa, children are subjected to the same rigours of the criminal law applicable to adults in South Africa. “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society”.2 As a signatory to the United Nations Convention on the Rights of the Child, South Africa has a duty to ensure that the children in conflict with the law are treated in a manner that gives effect to the protectionary ideals espoused in the Convention. In July 2000, the South African Law Commission [Project 106] released the Child Justice Bill3, together with its Report on Juvenile Justice. Because the child justice system at present is not governed by legislation, uncertainty and inconsistency are constant dangers. We need legislation to ensure that all children in conflict with the law are dealt with consistently, fairly and appropriately. The question that needs to be answered in this treatise, is whether the Child Justice Act 75 of 2008, which comes into effect on 01 April 2010, is a legislative framework that incorporates due process rights together with the rights of children who is alleged to have committed an offence, to be protected and treated in a manner appropriate to their age.
2
Jokani, Mkhuseli Christopher. "Innovations introduced into the South African criminal justice by the child justice Act 75 of 2008." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1571.
Full textAbstract:
The Child Justice Act 75 of 2008 has brought about some new elements in the South African Criminal Justice system in cases involving children in conflict with the law. The changes require that children in conflict with the law should be treated differently from adult accused persons. The Act is now regarded as a Criminal Procedure for children in conflict with the law. In other words the emphasis is on ensuring that children are diverted away from the formal Criminal Justice provided that children acknowledge responsibility. One of the elements that is introduced by the Act is the Preliminary Inquiry that is an informal, pre- trial procedure that must be held in respect of every child that is alleged to have committed an offence. The role of the Presiding Judicial Officer is very active during this stage because he is the one that takes charge of the proceedings and the role of the Prosecutor and the Legal Representative is very minimal. The purpose of the Preliminary Inquiry is in the main to determine whether a child in conflict with the law could be diverted if the provisions of section 52 (1) of the Act are complied with. Preliminary Inquiry if properly used will have possible benefits for the South African Criminal Justice system in that cases involving children will be timeously be finalised and the turn around time for criminal cases in general will possibly improve. Same will translate in the confidence of the citizens being improved in the Justice system. The second element that is introduced by the Act is formalised diversion into the Criminal Justice System. Diversion had for a number of years before the coming into operation of the Child Justice Act been used in South Africa but it was informal. The diversion that is envisaged by the Act is restorative in nature in that the Act seeks to involve the child offender, the victim, the community members to collectively identify and address harms, needs and obligations through accepting responsibility, making restitution, taking measures to prevent recurrence of the incident and promoting reconciliation. Restorative Justice is not a new invention in the South African legal system it is a return to traditional patterns of dealing with conflict and crime that had been present in different cultures throughout human history. Restorative Justice has been understood as Ubuntu in the African context. The Truth and Reconciliation Commission demonstrated the benefits of restorative justice in dealing with conflicts that had a potential of setting the country alight. Restorative Justice has evolved in South Africa throughout different historical epochs up to the current legal conjuncture. It has now been endorsed with success in precedent setting cases in the High Courts of the Republic and the Child Justice Act has now fully institutionalised it into the Criminal Justice system. One hopes that it will be extended beyond cases involving children in conflict with the law but to adult accused persons. Various pieces of legislation attempt to endorse the principles of restorative justice but are not as comprehensive as the Child Justice Act. There are 4 instances where a matter may be diverted in terms of the Act: (i) By a Prosecutor in terms of section 41; (ii) Diversion at Preliminary inquiry; (iii) Diversion before the closure of state case at trial; (iv) At any time during trial but before judgement. There are 2 diversion options that are provided by the Act that is level one diversion option in respect of schedule 1 offences and level 2 diversion options in respect of schedule 2 and 3 which are much more serious. The Act further entrenches Family Group Conference as well as Victim Offender Mediation which are restorative justice mechanisms. The legal consequences of diversion are that when the child has successfully complied is equivalent to an acquittal. The last element is the multi sectoral approach to crime fighting in that all role players should work together in dispensing justice to children in conflict with the law. The days of working in silos are now over because everybody has a role to play and there has to be collaboration at all levels. The Act entrenches the public private partnerships particularly in helping to rehabilitate and reintegrate children to society. The Act provides for the establishment of One Stop Child Justice Centres. The purpose is to promote cooperation between government departments, non governmental organisations and civil society to ensure integrated and holistic approach in the implementation of the Act. The Act further provides for the development of the National Policy Framework by the Departments of Justice and Constitutional Development, Social Development, Correctional Services, South African Police Services, Education and Health within 2 months of the commencement of the Act. The purpose is to ensure uniform, coordinated and cooperative approach by all government departments, organs of state and institutions in dealing with matters of child justice and enhance service delivery. This study seeks to examine the innovations brought about by the Child Justice Act into the South African Criminal Justice System. The study further explores the possible benefits that may accrue to the Criminal Justice System because of Preliminary Inquiry, Restorative Justice and the Multi Sectoral Approach to crime.
3
Somolekae, Kepaletswe Chikhwa. "Child justice in Botswana: The compatibility of the children's act with international and regional standards." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4737.
Full text
4
Mkandawire, Leona Temwa. "The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/27993.
Full textAbstract:
For a long time children have been considered to be vulnerable persons, incapable of making rational decisions. As a result, decisions have been made for children by other people such as their parents or guardians. In most African societies, including Malawi, children remain largely voiceless and dependent on their parents who view their role mainly as being to protect children from their own actions and actions of other people. However, international law considers children as autonomous persons capable of making their own decisions. Thus, it requires states to recognise the autonomy a child although it also recognises that parents are free to raise children the way they want. Both the CRC and the African Children's Charter recognise children as bearers of rights and guarantee their right to take part in decisions that affect them. These treaties also recognise the principles of the best interests of the child, non-discrimination, and the child's right to life, survival and development. This thesis finds that while the best interests' principle has been domesticated under the Constitution, the other principles are not explicitly entrenched in the Constitution or under the Child Care, Protection and Justice Act. At best, they can be implied in other provisions of the Act. Overall, the Child Care, Protection and Justice Act leans towards enhancing the parental autonomy in child rearing and institutional protection of children rather than towards the emancipation of children in accordance with their evolving capacities.
5
Bell, Margaret Rose. "Social policing or social welfare? : a study of justice, power and partnership within the initial child protection conference." Thesis, University of York, 1997. http://etheses.whiterose.ac.uk/2510/.
Full text
6
Malan, Lizani. "A review of the minimum age of criminal capacity and the presumption of doli incapax." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/27772.
Full textAbstract:
This dissertation deals with the minimum age of criminal capacity (which is currently set at 10 years in terms of the Child Justice Act 75 of 2008). It deals in particular with the question of whether the minimum age of criminal capacity should be raised and if so, whether the presumption of doli incapax should be retained. A consideration of the relevant international instruments shows that the situation as it currently stands in South African law is not internationally acceptable. South Africa is failing to comply with the obligations which it incurred through the ratification of the United Nations Convention on the Rights of the Child and with the current international practice pertaining to the minimum age of criminal capacity. The current minimum age of criminal capacity is simply too low. The question of whether the presumption of doli incapax should be retained is also dealt with. The problems that are being experienced by its application in practice (inter alia the difficulties in the assessment of criminal capacity by mental health professionals and the possibility of an over reliance on prosecutorial discretion) leads to the conclusion that the “protective mantle” which the presumption was intended to provide no longer exists. CopyrightDissertation (LLM)--University of Pretoria, 2011.
Private Law
unrestricted
7
Van, Eeden Carina Regina. "An analysis of the legal response to children who commit serious crimes in South Africa." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/40607.
Full textAbstract:
South Africa’s first democratic elections in April 1994 led to the birth of a new political era which also brought constitutional guarantees for children in conflict with the law; one of the most important being section 28(1)(g) of the Constitution which provides that a child can only be detained as a measure of last resort and for the shortest appropriate period of time.
Despite this provision, past sentencing practice has shown an over-reliance on the use of custodial sentences. This could largely be attributed to the tug-of-war between the legislature and the courts about the applicability of the minimum sentencing legislation on children between the ages of sixteen and eighteen.
With the promulgation of the Child Justice Act, renewed emphasis has been placed on the desirability to keep children out of prison. To achieve this purpose, diversion of children is now a central feature of the child justice system. Should a matter however proceed to trial, the Act provides for a wide range of alternative sentencing options that can be imposed on children.
The purpose of this dissertation is to establish to what extent the courts make use of these alternatives to imprisonment, especially in cases where children committed very serious offences such as murder and rape. This dissertation concludes that, although alternative sentences are appropriate sentences for serious offences, courts still impose custodial sentences for these types of offences, and that the seriousness of the offence is the most important aggravating factor tipping the scale in favour of the imposition of custodial sentences.
The growing number of young people in already overcrowded South African prisons is a cause for concern, said the new Department of Correctional Services (DCS) Minister Nosiviwe Mapisa-Nqakula on Tuesday.
Mapisa-Nqakula, accompanied by her deputy, Hlengiwe Mkhize, was visiting the Boksburg Correctional Centre on their fourth leg of their regional visits to listen and familiarize themselves with correctional services.
She was shocked to find a number of young people, some aged 15, being held in the Boksburg prison for serious crimes.
Boksburg houses 554 juveniles, most of them serious offenders serving long sentences, including life terms.
Mapisa-Nqakula said she was becoming aware of the reality of a South African society that produced young people who commit serious crimes. […] Mapisa-Nqakula said the magnitude of the prisons problem was beyond correctional services. It required society to take responsibility for rehabilitation.Dissertation (LLM)--University of Pretoria, 2013.
gm2014
Procedural Law
unrestricted
8
Mkonto, Nondumiso. "The legal effects of payment of an admission of Guilt fine in South Africa." University of Western Cape, 2019. http://hdl.handle.net/11394/7561.
Full textAbstract:
Magister Legum - LLMA person should at all times try to avoid the blemish of a previous conviction and a criminal record entered against his name. A criminal record entered against his name could have detrimental consequences for an individual. An accused is usually aware of this if he is involved in a trial and is thereafter convicted and sentenced. However, the same result could occur where a person paid an admission of guilt fine. Such a person could be aware that he has attained a record, but it could also be that a payee1 of a fine is very unaware that he has attained a criminal record that is entered against his name. This study focusses on the legal consequences of the payment of such an admission of guilt fine and will endeavour to investigate the remedies available to an uninformed payee of such fines.
9
Letsoalo, Lisbeth Ledile. "The protection of children's identities in the criminal justice system: an analysis on section 154(3) of the Criminal Procedure Act 51 of 1977." Thesis, University of Limpopo, 2019. http://hdl.handle.net/10386/3046.
Full textAbstract:
Thesis ( LLM.) --University of Limpopo, 2019The Constitution of the Republic of South Africa, 1996 provides that a child’s best interests should be of primary consideration in any matter concerning him or her. Contrary to this value, and thereby excluding protection of child victims, section 154(3) of the Criminal Procedure Act 51 of 1977 simply focusses on anonymity protection of child offenders and witness involved in criminal proceedings. It currently expressly prohibits the publication of the identities of child offenders and witnesses when the media makes publications on the relevant criminal proceedings. However, this protection terminates once such child offenders and witnesses attain majority, therefore arbitrarily stripping them of the identity protection. As a result, media houses are not only at liberty to publish on criminal proceedings identifying child victims, but also to expose the identities of child offenders and witnesses upon attaining majority. Such publications have proved to impede on children’s rights, as well as to contribute to the psychological challenges faced by the children whenever they are exposed to the criminal justice system. In this study the constitutional validity of section 154(3) is investigated and it is argued that it is unconstitutional in all respects. The section contradicts the specific right afforded to all children in the Bill of Rights, as well as other ancillary rights, which ought to ensure the progressive realisation of the protection afforded in terms of section 154(3). It is recommended, firstly, that section 154(3) be declared unconstitutional, and be amended to include child victims within the ambit of its protection. Secondly, the protection should extend beyond the age of 18, in respect of all children involved in criminal proceedings.
National Research Foundation
10
Gal, Tali, and tali gal@anu edu au. "Victims to Partners: Child Victims and Restorative Justice." The Australian National University. Research School of Social Sciences, 2006. http://thesis.anu.edu.au./public/adt-ANU20061114.100521.
Full textAbstract:
Children belong to one of the most vulnerable population groups to crime. Child victims of crime have to overcome the difficulties emerging from their victimization as well as those resulting from their participation in the adversarial criminal justice process. Child victims are typically treated by legal systems as either mere witnesses -- prosecutorial instruments -- or as objects of protection. Children's human rights and their needs beyond immediate protection are typically ignored.
¶
This thesis combines an examination of children's human rights (articulated largely in the UN Convention on the Rights of the Child) with a review of psycho-social literature on children's needs. It integrates the two disciplines thus creating a `needs-rights' model regarding child victims. This model is then used to evaluate the criminal justice process and its successes (and failures) in meeting the needs and rights of child victims. Such an integrated needs-rights evaluation identifies not only the difficulties associated with testifying in court and being interviewed multiple times. It goes beyond these topical issues, and uncovers other shortcomings of the current legal system such as the lack of true participation of child victims in the decision-making process, the neglect of rehabilitative and developmental interests of victimized children, and the inherent inability of the adversarial process to seek proactively the best interests of child victims.
¶
The thesis further explores an alternative to the criminal justice process -- that
of restorative justice -- and examines its applicability to child victims. Unlike the
criminal justice paradigm, restorative justice fosters the equal participation of the
stakeholders (in particular victims, offenders and their communities), and focuses
on their emotional and social rehabilitation while respecting their human rights. To explore the suitability of restorative justice for child victims, five restorative justice schemes from New Zealand, Australia and Canada and their evaluation studies are reviewed. Each of these schemes has included child victims, and most of them have dealt with either sexual assaults of children or family violence and abuse. Yet each of the evaluated schemes illuminates different concerns and proposes varying strategies for meeting the needs-rights of child victims.
¶
While these schemes demonstrate the significant potential of restorative justice to better address the full scope of the needs and rights of child victims, they uncover emerging concerns as well. Therefore, in the last part of the thesis, the needs-rights model is used once again to derive subsidiary principles for action, to maximize the benefits of restorative justice for child victims and minimize the related risks. A complex set of needs and rights is managed by a method of grouping them into needs-rights clusters and deriving from them simple heuristics for practitioners to follow. This clustering method of needs-rights-heuristics is a methodological contribution of the research to the psychology of law.
Books on the topic "Child Justice Act"
1
Gallinetti, Jacqui. Getting to know the Child Justice Act. Bellville, South Africa: Child Justice Alliance c/o The Children's Rights Project, Community Law Centre, University of the Western Cape, 2009.
Find full text
2
Africa, South. Child Justice Act, 75 of 2008 & regulations. Edited by Juta Law (Firm). Cape Town: Juta Law, 2014.
Find full text
3
United States. Congress. Senate. Committee on Labor and Human Resources. Children's Justice Act: Report (to accompany S. 140). [Washington, D.C.?: U.S. G.P.O., 1985.
Find full text
4
Malaysia. Akta Kanak-Kanak 2001 (Akta 611): & Child Act 2001 (Act 611) : hingga 5hb Januari 2005. Petaling Jaya, Selangor Darul Ehsan: International Law Book Services, 2005.
Find full text
5
Malaysia. Akta Kanak-kanak 2001 (Akta 611): & Child Act 2001 (Act 611) : hingga 1hb April 2003. Petaling Jaya, Selangor Darul Ehsan: International Law Book Services, 2003.
Find full text
6
Malaysia. Akta Kanak-Kanak 2001 (Akta 611): & Child Act 2001 (Act 611) : hingga 20hb Julai 2001. Petaling Jaya, Selangor Darul Ehsan: International Law Book Services, 2001.
Find full text
7
United States. Congress. House. Committee on the Judiciary. National Child Search Assistance Act of 1990: Report (to accompany H.R. 4407). [Washington, D.C.?: U.S. G.P.O., 1990.
Find full text
8
1958-, Richardson John G., and National Center for State Courts., eds. The Indian Child Welfare Act: A cultural and legal education program. [Williamsburg, Va.]: National Center for State Courts, 1997.
Find full text
9
Commission, Zambia Law Development. The Juveniles Act Reform Project. [Lusaka]: The Commission, 1997.
Find full text
10
Alberta. Young Offenders Act Task Force. Young Offenders Act provincial review: Recommendations by the Young Offenders Act Task Force on the administration of justice with respect to youth crime. [Edmonton: Govt. of Alberta, 1994.
Find full textBook chapters on the topic "Child Justice Act"
1
Acker-Hocevar, Michele, Marta I. Cruz-Janzen, and Cynthia L. Wilson. "The Impact of Two Policies on Principal and Teacher Preparation Programs: No Child Left Behind and the Individuals with Disabilities Education Act." In Globalization, Education and Social Justice, 103–26. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-90-481-3221-8_8.
Full text
2
Andersson, Malou, and Anna Kaldal. "Criminal Law and Children’s Access to Barnahus Services." In Justice and Recovery for Victimised Children, 45–62. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-53233-7_2.
Full textAbstract:
AbstractThe aim of Barnahus is to provide children who are victims of violence and abuse with support, protection, and access to justice. In the Swedish Barnahus model, the target group is defined by what constitutes a criminal act. In this chapter, we explore the significance of this definition in relation to the United Nations Convention on the Rights of the Child (UN-CRC), using Sweden as an example. We argue that the close link between the definition of the target group and criminal law may exclude children who have been subjected to violence and abuse from gaining access to Barnahus’s services, which might conflict with children’s rights according to the UN-CRC. We apply a children’s rights perspective in this study, based on the standpoint that Barnahus is an outflow of a child’s rights to protection from all forms of violence and abuse, according to the UN-CRC.
3
Operto, Fiorella. "Elements of Roboethics." In Makers at School, Educational Robotics and Innovative Learning Environments, 73–79. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77040-2_10.
Full textAbstract:
AbstractRoboethics analyzes the ethical, legal and social aspects of robotics, especially with regard to advanced robotics applications. These issues are related to liability, the protection of privacy, the defense of human dignity, distributive justice and the dignity of work. Today, roboethics is becoming an important component in international standards for advanced robotics, and in various aspects of artificial intelligence. An autonomous robot endowed with deep learning capabilities shows specificities in terms of its growing autonomy and decision-making functions and, thus, gives rise to new ethical and legal issues. The learning models for a care robot assisting an elderly person or a child must be free of bias related to the selected attributes and should not be subject to any stereotypes unintentionally included in their design. As roboethics goes hand in hand with developments in robotics applications, it should be the concern of all actors in the field, from designers and manufacturers to users. There is one very important element in this—albeit one that is related indirectly—that should not be overlooked: namely, how robotics and robotic applications are represented to the general public. Of the many representations, the legacy of mythology, science fiction and the legend still play an important role. The world of robotics is often marked by icons and images from literature. Exaggerated expectations of their functions, magical descriptions of their behavior, over-anthropomorphization, insistence on their perfection and their rationality compared to that of humans are only some of the false qualities attributed to robotics.
4
Allen, Frances, Julia Gasparro, Jo Swaney, Margaret Phelan, and James Gillespie. "Modern Slavery Act 2015." In Immigration Law Handbook, 676—C19P135. 11th ed. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192896292.003.0019.
Full textAbstract:
Abstract This chapter details the provisions of the Modern Slavery Act 2015. It explains the defence for slavery or trafficking victims who commit an offence, referencing the conditions such as circumstances of being compelled by another person and exploitation. The Youth Justice and Criminal Evidence Act 1999 is amended to address special measures for witnesses in criminal proceedings. The Secretary of State must issue guidance to public authorities and other persons concerning identifying and supporting victims and independent child trafficking advocates. The chapter also clarifies the immigration rules surrounding overseas domestic workers suspected to be victims of slavery or human trafficking.
5
Heffernan, William C. "Social Justice/Criminal Justice." In From Social Justice to Criminal Justice, 47–83. Oxford University PressNew York, NY, 2000. http://dx.doi.org/10.1093/oso/9780195129854.003.0003.
Full textAbstract:
Abstract A single mother, 25, with a one-year-old son is indicted for Medicaid fraud. The woman, herself the daughter of a single mother, has completed only three years of high school. She works as a waitress at a diner, relying on her mother and sisters to care for her child during working hours. At her trial, her lawyer, out of the presence of the jury, informs the judge that his client is prepared to concede the accuracy of the charges against her but that she wishes to interpose a defense of justification. The defendant will testify, her lawyer states, that her son suffers from a heart problem. Although her son was not confronted with imminent danger of death at the time she submitted her application for Medicaid, she knew he could develop serious symptoms at any time. She thus decided that committing fraud was a lesser evil than not securing medical benefits to protect her son. Her act was not one of civil disobedience, the lawyer concedes. Understanding that Congress has declined to provide universal health insurance, his client believed that it would be useless to follow the steps that come under the rubric of “civil disobedience”: publicly seeking a change in the law, publicly disobeying the law, and then accepting punishment for one’s disobedience.
6
Dunn, Peter, and Eric Shepherd. "Oral Testimony From The Witness’s Perspective—Psychological And Forensic Considerations." In Witness Testimony, 263–380. Oxford University PressOxford, 2006. http://dx.doi.org/10.1093/oso/9780199278091.003.0021.
Full textAbstract:
Abstract Witnessing is a long journey. In Speaking Up for Justice the Government recognized the 20.01 stresses involved in this journey. The Youth Justice and Criminal Evidence Act 1999 implemented provisions to extend to vulnerable or intimidated witnesses pre-existing special measures introduced for child witnesses. The Act also included measures to protect witnesses from cross-examination by the accused in person.
7
Lescher, Nancy McDaniel Nita C. "The History of Child Protective Services." In Helping in Child Protective Services, 31–48. Oxford University PressNew York, NY, 2004. http://dx.doi.org/10.1093/oso/9780195161908.003.0002.
Full textAbstract:
Abstract In the United States, the child protection movement was tied to and gained momentum from other social justice reform movements that occurred throughout the country in the mid-to late 1800s. In addition to championing suffrage, the women’s rights movement confronted and drew public attention to issues of family violence (Costin, Karger, & Stoesz, 1996). The animal welfare movement was particularly influential, as was the American Society for the Prevention of Cruelty to Animals (ASPCA) that supported and aided early efforts to legislate state authority to protect children. With the assistance of the ASPCA, in 1874 New York passed the Protective Services Act and the Cruelty to Children Act, thereby becoming the first state to enact legislation intended to safeguard the rights of children.
8
Kilkelly, Ursula, and Pat Bergin. "Introducing Child Detention in Ireland." In Advancing Children's Rights in Detention, 50–67. Policy Press, 2021. http://dx.doi.org/10.1332/policypress/9781529213218.003.0005.
Full textAbstract:
The Children Act 2001 is Ireland’s legislative framework for youth justice and in addition to providing that detention must be a measure of last resort, the Act sets out that children deprived of liberty must be child-centred and focused on the child’s education, development and reintegration. Irish law and policy set out the ambition that there was to be a single model of detention for all children under 18 years in Ireland and reforms began to give effect to this position through a complex and challenging process of reform. This included legislative reform, capital investment and a process of careful planning designed to ensure best practice in the care of children deprived of liberty was in place. Existing facilities were merged to form a single national facility, Oberstown Children Detention Campus, which was expanded to accommodate 16- and 17-year olds previously detained in adult prison. Throughout this process of reform, law and policy has reiterated the commitment to aligning the child detention with international children’s rights standards. This sustained focus has proven to be influential in achieving progressive reform.
9
Panagariya, Arvind. "Assaults and Violence." In Blackstone’s Police Operational Handbook. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192868701.003.0002.
Full textAbstract:
This chapter focuses on how police can address assaults and violence. It considers the offences addressed in the Criminal Justice Act 1988, the Child Abduction Act 1984, and the Offences Against the Person Act 1861. Assault typically divides between grievous bodily harm, assault with intent to resist arrest, and common assault battery. Moreover, the Offences Against the Person Act 1861 includes provisions on the offence of threats to kill, which include the intent to cause fear alongside the threat to kill without lawful excuse. Officers should be familiar with the Child Abduction Act 1984 to deal with cases of violent domestic incidents, sexual offences, or where people are taken against their will.
10
Laws, Eleanor, and Patricia Lees. "Obscene Publications." In The Sexual Offences Referencer, 181–92. Oxford University PressOxford, 2007. http://dx.doi.org/10.1093/oso/9780199213481.003.0009.
Full textAbstract:
Abstract The Protection of Children Act (PCA) 1978 consolidated the law on child pornography, essentially legislating against the taking, showing, distribution, and publishing of indecent photographs of children under 16. Before 1978 these categories of offences were prosecuted under obscenity laws, customs and excise legislation, offences of indecent assault and gross indecency with children. This Act is still in force. Section 160 of the Criminal Justice Act (CJA) 1988 extended the PCA 1978 offences to include an offence of simple possession of such a photograph. The Criminal Justice and Public Order Act (CJPOA) 1994 extended these offences to computer data and computerized images of children.
Reports on the topic "Child Justice Act"
1
Bancalari, Antonella, Samuel Berlinski, Giancarlo Buitrago, María Fernanda García, Dolores de la Mata, and Marcos Vera-Hernández. Health Inequalities in Latin American and the Caribbean: Child, Adolescent, Reproductive, Metabolic Syndrome and Mental Health. Inter-American Development Bank, October 2023. http://dx.doi.org/10.18235/0005208.
Full textAbstract:
Health constitutes a fundamental aspect of our well-being. It is also a key factor in determining our contribution to market and non-market output. Health inequality refers to the unequal realization of health outcomes between different groups in the population. Systematic disparities in health outcomes and in access to health resources not only undermine basic principles of fairness and social justice but also contributes towards perpetuating poverty and disadvantage. In this chapter, we start by presenting evidence on how the burden of disease in Latin America and the Caribbean (LAC) has changed during the last 30 years. Consistent with the fall in fertility and population aging, the region has shifted from a burden of disease dominated by maternal, neonatal, and communicable disease in the 1990s to one dominated by cardiovascular disease, cancers, diabetes, and increasingly by mental health disorders. The poorest in the region are burdened by worst access to maternal care and higher levels of infant mortality and stunting. Despite being knowledgeable about contraceptive methods, young women in Latin America and the Caribbean have very high levels of teenage pregnancy with a steep socio-economic gradient. Noncommunicable diseases also affect the poor disproportionately in many countries. Finally, mental health is a growing source of lost days of healthy living among women and the poor. Overall, our results highlight that despite the epidemiological transition which is underway, socio-economic health disparities in the LAC region are still more important on early childhood and teenagerhood than in adulthood, at least as it pertains to the outcomes analyzed in this chapter. At the same time, we show that while socio-economic inequalities in child health are smaller in the richest countries, the contrary happens with inequalities in some adult outcomes.
2
Yunus, Raudah Mohd, Pauline Oosterhoff, Charity Jensen, Nicola Pocock, and Francis Somerwell. Modern Slavery Prevention and Responses in Myanmar: An Evidence Map. Institute of Development Studies (IDS), November 2020. http://dx.doi.org/10.19088/clarissa.2020.002.
Full textAbstract:
This Emerging Evidence Report describes the availability of evidence on modern slavery interventions in Myanmar presented in the programme's interactive Evidence Map. This report on Myanmar uses the same methodology and complements the evidence map on interventions to tackle trafficking, child and forced labour in South Asia for Nepal, India, Pakistan, and Bangladesh. The Evidence Map provides an outline of where evidence is concentrated and where it is missing by mapping out existing and ongoing impact evaluations and observational studies exploring different types of modern slavery interventions and outcomes for specific target populations (survivors, employers, landlords, service providers, criminal justice officials) and at different levels (individual, community, state). It also identifies key ‘gaps’ in evidence. Both the Evidence Map and this report foremost target the UK Foreign, Commonwealth & Development Office (FCDO) and its partners in the CLARISSA research programme to support evidence-informed policymaking on innovations to reduce the worst forms of child labour. We hope that it is also useful to academics and practitioners working to address modern slavery, or in the intervention areas and locations described.
3
Ulloa, Alfie, and Rodrigo Wagner. Why don't All Exporters Benefit from Free Trade Agreements?: Estimating Utilization Costs. Inter-American Development Bank, July 2012. http://dx.doi.org/10.18235/0011503.
Full textAbstract:
Free Trade Agreements (FTA) attract significant interest, but after these treaties are signed not all exporters use them. We provide a model of heterogeneous utilization, also developing a novel method to estimate treaty-utilization costs. We later apply the model to estimate the evolution utilization costs for the FTA between the US and a small open economy, Chile. Consistent with other studies, we find that utilization is indeed partial (on average 67% on the first year of the treaty, with 10 percentage points more at the third year). This made tariff revenues to the US 10% higher than expected with full utilization. Our simple structural model identifies costs by exploiting the indifference condition for the smallest firm that uses the treaty. Empirically we find that estimated costs were very heterogeneous across products. For almost half the products the cost was not binding for any exporter. However, when the FTA started, the 75-th percentile of utilization cost was around US$3,000, requiring shipments above $80,000 to justify using the treaty. These costs decreased by 60-80% in the following years, consistent with models of learning about treaty use. As remarked in our model, small exporters that do not use the trade agreement could even suffer when large firms have the option of using the treaty, since the latter increase exports and may push up factor prices for the industry.
4
Oyekan, Khalimath, Ayodotun Ayorinde, and Oreoluwa Adenuga. The Problem of Out-of-School Children in Nigeria. Research on Improving Systems of Education (RISE), March 2023. http://dx.doi.org/10.35489/bsg-rise-ri_2023/058.
Full textAbstract:
In 2015, all United Nations Member States adopted the 2030 Agenda for Sustainable Development which outlines a blueprint to address global challenges across a broad range of themes including poverty, health, education, inequality, climate change, environmental degradation, peace and justice. The Goal 4 of the 2030 Agenda for Sustainable Development, otherwise referred to as the United Nations Sustainable Development Goal 4, seeks to ensure inclusive and equitable quality education and promote lifelong learning opportunities for all. Unfortunately, an approximated 263 million children remain out of school around the world. This number includes children who never started formal schooling and children who started school but later dropped out (United Nations Educational, Scientific and Cultural Organization [UNESCO], 2016). Reducing the number of out-of-school children (OOSC) is a key priority for countries across Sub-Saharan Africa, including Nigeria. This is because more than half of children globally that have not enrolled in school live in Sub-Saharan Africa, and more than 85 percent of children in Sub-Saharan Africa are not learning the minimum (UNESCO Institute of Statistics, 2018). Moreover, education is a fundamental human right, a critical driver for economic advancement and a powerful tool for poverty reduction. Hence, no child of school age should be denied access to quality and equitable education, and an opportunity to acquire skills that guarantee future employability and long-term earning. In the Nigerian context, OOSC are prevalent in both rural and urban settings, but rural areas, and isolated or deprived areas in general, consistently show higher numbers of out-of-school children (World Bank, 2019). These children are spread across the country in varying proportions. This situation is of concern to the Federal Government of Nigeria as noted in the Nigeria Education Ministerial Plan (2018-2022) which outlines several strategies targeted at bringing children back to school. In spite of these strategies, the number of OOSC remains significantly high. This insight note aims to provide an overview of the most recent data on out-of-school children in Nigeria, including breakdowns by socioeconomic and other demographic indicators. This will be followed by suggestions of possible interventions, prime of which is the Accelerated Education Programme (AEP), and other interventions which could serve to strengthen the existing laid out strategies by the government in addressing the OOSC problem in Nigeria.