Children's rights and the minimum age of criminal responsibility : a global perspective / Don Cipriani.
2009
K5076 .C57 2009 (Map It)
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Details
Author
Title
Children's rights and the minimum age of criminal responsibility : a global perspective / Don Cipriani.
Published
Farnham, Surrey, England ; Burlington, VT : Ashgate Pub., [2009]
Copyright
©2009
Call Number
K5076 .C57 2009
ISBN
9780754677307 (hbk. : alk. paper)
0754677303 (hbk. : alk. paper)
9780754694472 (ebook)
075469447X (ebook)
0754677303 (hbk. : alk. paper)
9780754694472 (ebook)
075469447X (ebook)
Description
xvi, 232 pages : illustrations ; 24 cm.
System Control No.
(OCoLC)282968967
Bibliography, etc. Note
Includes bibliographical references and index.
Series
Record Appears in
Gift
Purchased from the income of the Soll Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Soll Fund
Table of Contents
List of Figures and Tables
Foreword / Nigel Cantwell Jaap E. Doek
1
Shifting Perspectives on Children, Shifting Rights and Criminal Responsibility in Juvenile Justice
1
Rights, Competence, and Competing Constructions of Childhood
1
Welfare Approach and the Postponement of Criminal Responsibility
4
Criminal Responsibility and the Justice Approach
8
Conclusion
16
2
Children's Rights' Mediation of Welfare - Justice Tensions
19
Progression of Rights from Welfare to Justice
20
The Best Interests of the Child and Due Process Guarantees
24
Respect for the Views of the Child and Effective Participation at Trial
26
The Evolving Capacities of the Child
29
Reintegration into Society
36
Conclusion
37
3
MACRs and States' Obligations under Regional and International Law Instruments
41
International Covenant on Civil and Political Rights
41
International Covenant on Economic, Social and Cultural Rights
43
American Convention on Human Rights
43
Protocol I Additional to the Geneva Conventions of 12 August 1949
44
Convention against Torture
49
United Nations Standard Minimum Rules for the Administration of Juvenile Justice
50
Convention on the Rights of the Child
53
African Charter on the Rights and Welfare of the Child
65
European Social Charter
65
European Convention on Human Rights
66
Conclusion
67
4
Historical Influences on MACRs
71
Roman Law, European Law, and European Colonial Law
71
Islamic Law
77
Soviet Law
84
Customary, Traditional, and Religious Law Systems
87
Conclusion
90
5
Current MACRs Worldwide and Modern Trends
93
Making Sense of MACRs and Punishment: Methodological Considerations
93
Current MACRs Worldwide
97
Scrutiny under the CRC and Rising MACRs
111
Downward Pressures: Isolated Crimes and Widespread Hype
114
The MACR as a General Principle of International Law
126
Conclusion
128
6
Practical Implications and Challenges of MACR Implementation
131
No Proof of Age or Reliable Age Estimates
131
Problematic State Responses to Children Younger than MACRs
136
No Effective Response to Children Younger than MACRs
139
MACRs that Threaten Children's Right to Effective Participation at Trial
144
Undermining of Doli Incapax and Similar Presumptions
148
Instrumental Use of Young Children by Adults for Crimes
151
Courts' Disregard for MACRs, and Extrajudicial Acts Against Children
153
Conclusion
155
7
Making MACRs Work for Children's Rights
157
Defining a More Meaningful MACR
157
MACR Provisions: Establishment, Implementation, and Monitoring
159
Annex 1
United Nations Convention on the Rights of the Child
165
Annex 2
Worldwide MACR Provisions and Statutory Sources by Country
187
Index
225