The Concept of Vhild-Friendly Justice in Proceedings and its Impact on Children's Empowerment

Document Type : Scientific Research

Author

Assistant Professor of the Department of Law and Social Sciences, Payame Noor University, Tehran, Iran.

Abstract

The concept of child-friendly justice is the result of the development of the legal status of children under international human rights laws in recent decades; A concept that calls for a significant change in the way judicial systems interact with children. Child-friendly justice focuses on the effective participation of children in justice systems. And it embraces the idea that the courts can be a powerful tool to positively impact children's lives, while recognizing the fact that contact with the legal system is often more a source of additional harm than a cure for children. . Drawing on international child rights obligations, Child-Friendly Justice introduces principles that empower children to exercise their rights and encourages public authorities, courts and law enforcement to develop policies that address the precarious situation of children in the justice system. . In general, child-friendly justice aims to recognize the child as a holder of rights rather than the child merely being the object of special care and protection due to his or her particular vulnerability.

Keywords

Main Subjects

References

  1. Abedini, Abdullah and Mehdi Meshki Baf. (2020). "The place of expediency in the Convention on the Rights of Children and the Family". Islamic and Western Law Research, 6th year, No. 14 [In Persian].

    African Charter on the Rights and Welfare of the Child. (July 1990). Adopted by Assembly of Heads of State and Government of the OAU.   

    BMP Bandaranayake. (2023). Child-Friendly Justice and the Best Interest of the Child: A Comparative Analysis of Sri Lanka. India, and International Standards, Faculty of Law, University of Colombo.

    Committe on the Rights of the Child. (2019). General comment No. 24 on children’s rights in the child justice system, CRC/C/GC/24.

    Committe on the Rights of the Child. (Jul. 20, 2009). General Comment No. 12: The Right of the Child to Be Heard, p. 60, U.N. Doc. CRC/C/GC/12.

    Committee on the Rights of Child. (29 May 2014). CRC/c/General Comment No 14.

    Committee on the Rights of the Child (CRC, General comment no. 5 (27 November 2003). General measures of

     

     implementation of the Convention on the Rights of the Child.

    Committee on the Rights of the Child. (Apr. 25, 2007). General Comment No. 10: Children’s Rights in Juvenile Justice, U.N. Doc. CRC/C/GC/10.

    Convention on the Rights of the Child. (20 November 1989). Adopted by General Assembly resolution 44/25.

    European Convention on the Exercise of Children's Rights. (1996). Strasbourg, 25. I. Available at https://rm.coe.int/european-convention.

    Guidance Note of the Secretary-General: UN Approach to Justice for Children. (September 2008). Author: UN Secretary-General. Available at https://www.unodc.org/documents/

    Guidelines for the Alternative Care of Children : resolution / adopted by the General Assembly, 24 February 2010, Available at https://digitallibrary.un.org/record/673583?v=pdf

    Guidelines of the Committee of Ministers of the Council of Europe on Child-Friendly Justice. (17 November 2010). Adopted by the Committee of Ministers on   available at www.coe.int/childjustice.

    Güveç v. Turkey. (2009-I). EurCt. H.R. 231, 237

    Helen Stalford, Liam Cairns and Jeremy Marshall. (2017). "Achieving Child Friendly Justice through Child Friendly Methods: Let’s Start with the Right to Information". Social Inclusion (ISSN: 2183–2803), Volume 5, Issue 3.

    Hrefna Friðriksdóttir and Anni G. Haugen. (2017). Child Friendly Justice: International of Interagency Collaboration. University of Iceland, Reykjavik, Iceland.

    Human rights in the administration of justice, in particular juvenile justice: resolution / adopted by the Human Rights Council. (12 October 2015). Available at https://digitallibrary.un.org/record/713587?v=pdf

    Lothar Krappmann. (2010). The Weight of the Child’s View (Article 12 of the Convention on the Rights of the Child), 18 INT’L J. CHILD. RTS. 501.

    Maythami, Fatemeh et al. (2019). "The best interest of the child in international human rights and Iranian law, a reflection on practice and theory". Comparative Law Research Quarterly, Volume 24, Volume 2. [In Persian].

    OECD (2017). Skills for a High Performing Civil Service, OECD Public Governance Reviews, OECD Publishing, Paris.

    OECD (2023). Child-Friendly Justice Framework, OECD Public Governance Policy Papers, OECD Publishing, Paris.

    Optional Protocol on the sale of children, child prostitution and child pornography. (25 May 2000). resolution A/RES/54/263, General Assembly of the United Nations.

    Patrick Geary. (2012). Child-Friendly Justice and Children's Rights. Child Rights International Network(CRIN), London, SE1 8QF, United Kingdom.

    Pleasence, P. et al. (2014). Reshaping legal assistance services: building on the evidence base: a discussion paper. Law and Justice Foundation of NSW, Sydney.

    Raijian Asl, Mehrdad and Seyed Sajjad Razzaghi Mousavi. (2020). "presenting views-concerns and participation in the criminal process" as the right to be heard by abused children: with a comparative approach to international documents and Iran's legal system". 12th year criminal law research journal, number 2 (24 in a row) [In Persian].

    S.C. v. United Kingdom. (2004-IV). Eur. Ct. H.R. 281, 295.

    Sadeghi, Salar and Ali Safaraurangi. (2020). "Children's right to be heard in international documents and its place in Iran's criminal proceedings". scientific journal of modern law and studies, period 2, number 4 - serial number 5[In Persian].

    1. v. United Kingdom, no.24724/94. (1999). Eur. Ct. H.R. at 29.
    2. v. United Kingdom, no.24724/94. (1999). Eur. Ct. H.R. at 30.

    Ton Liefaard. (2016). Child-Friendly Justice: protection and participation of children in the justice system. Temple Law Review, Vol. 88.

    Ton Liefaard. (2020). "Child-friendly Justice and Procedural Safeguards for Children in Criminal Proceedings". Bergen Journal of Criminal Law and Criminal Justice. Volume 8, Issue 1.

    Ton Líefqard snd Ursuls Kilkelly. (2018). Child-Friendly Justice: Past, Present and Future, in Juvenile Justice in Europe: Past, Present and Future in Goldson B. (Ed.) Juvenile Justice in Europe. Past, Present and Future. London and New York: Routledge.

    UN Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), General Assembly resolution 45/112. (14 December 1990). Available at https://www.ohchr.org/en/instruments

    UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, Adopted by ECOSOC Resolution 2005/20. (22 July 2005). Available at https://www.ohchr.org/en/instruments.

    UN Office on Drugs and Crime (UNODC), UNODC-UNICEF Model L aw on Justice in Matters involving Child Victims and Witnesses of Crime. (April 2009).

    https://www.unodc.org/documents/

    UN Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), Adopted by General Assembly A/RES/40/33. (29 November 1985). Available at https://www.ohchr.org/en/instruments

    United Nations Rules for the Protection of Juveniles Deprived of their Liberty Adopted by General Assembly resolution 45/113. (14 December 1990). Available at https://www.unodc.org/pdf/criminal_justice/United_Nations_Rules.

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