Policy Analysis and Law Reform Reform by law

Policy Analysis and Law Reform

Reform by law State’s obligation under the CRC (article 4) States parties shall adopt all appropriate legislative, administrative, educational, economic, social or other measures to ensure the implementation of children’s rights and to fully harmonize national law and policy with the Convention Juvenile Justice Manual, Module Eight 1

Reform by law Criteria • Legislation provides the framework for practice in juvenile justice • Many aspects of policy work that relates to juvenile justice require a statutory framework • It is necessary to encourage the development of a comprehensive juvenile justice policy in order to support the legislative process. Juvenile Justice Manual, Module Eight, 2

Reform by law Objectives of a juvenile justice system A juvenile justice system tries to reconcile two apparently conflicting aims: The need to punish for the offending behavior The need to attend to the child offender’s individual welfare needs The objective is to strike a fair balance between punishment and rehabilitation. Juvenile Justice Manual, Module Eight , 3

Promoting a comprehensive approach for effective law reform Link between child welfare and juvenile justice • Laws relating to children should be brought together • When legislation is fragmented, children can fall through the gaps • With major revision of any one area of the law relating to children other pieces of legislation need to be made consistent • Separation of the criminal justice system and the social welfare system is needed • Children who are not in conflict with the law (i. e. children in need of care and protection) should not be being processed through the criminal justice system Juvenile Justice Manual, Module Eight , 4

Law reform requirements • Compatibility with the Convention requires a studied process of review, enactment and enforcement of a country’s legislation • The whole body of existing and proposed domestic law that applies or affects children must be systematically and regularly audited • The CRC must be considered as a whole and the interconnections between its articles considered Juvenile Justice Manual, Module Eight, 6

Promoting children’s participation to law reform • Measures which fail to take into account the views and experiences of children themselves will inevitably fail, as they will not relate to their life experiences. • Children have an important contribution to make to the enactment of laws and the development of policies for dealing with youth delinquency. Juvenile Justice Manual, Module Eight , 7

Priorities National legislation might need to be reviewed in order to: • Ensure that children below the age of 18 are accorded the protection of separate justice provisions and are not treated as adults • De-criminalize ‘vagrancy’, ‘loitering’, victims of commercial sexual exploitation and status offences such as truancy and ‘running away’ • Set the minimum age of criminal responsibility at a suitable level, with due regard for the protection of all children, above and below that age • Outlaw the death penalty for crimes committed by children under the age of 18 at the time of the offence and commute any existing death sentences passed on children • Ensure the protection of all children, regardless of gender, race, ethnicity, sexuality, disability and social, economic or any other status from discriminatory laws and practices Juvenile Justice Manual, Module Eight , 8

Policy requirements In addition to amending legislation, childcentered and child rights-based policies and procedures in the following key areas should be developed: • Prevention • Diversion • Alternatives to detention Juvenile Justice Manual, Module Eight , 9

Evidence-based approach • Punitive measures are less effective and less costeffective. • Punitive measures are more harmful to the child, perpetuate his/her stigmatization and might be an obstacle to his/her reintegration into his/her community and society as a whole. • States can look at initiatives previously undertaken when formulating new juvenile justice policies to familiarize themselves with what works, what does not, and what types of obstacles may interfere with policy implementation Juvenile Justice Manual, Module Eight , 10

Legislative change must be achievable in practice If new laws are to be credible and win support, governments must have the capacity to implement them Public attitude It is essential that the debate about new legislation be extended to the general public at the community level as well as the professionals and other groups which may be extremely influential or opposed to supporting change. Without the investment in debate and discussion, legislation may be passed but not implemented. Juvenile Justice Manual, Module Eight , 11