Cover image for Children’s Rights and the Minimum Age of Criminal Responsibility : A Global Perspective.
Children’s Rights and the Minimum Age of Criminal Responsibility : A Global Perspective.
Title:
Children’s Rights and the Minimum Age of Criminal Responsibility : A Global Perspective.
Author:
Cipriani, Don.
ISBN:
9780754694472
Personal Author:
Physical Description:
1 online resource (253 pages)
Series:
Advances in Criminology
Contents:
Cover -- Contents -- List of Figures and Tables -- Foreword -- Preface -- Acknowledgements -- 1 Shifting Perspectives on Children, Shifting Rights and Criminal Responsibility in Juvenile Justice -- Rights, Competence, and Competing Constructions of Childhood -- Welfare Approach and the Postponement of Criminal Responsibility -- Criminal Responsibility and the Justice Approach -- Conclusion -- 2 Children's Rights' Mediation of Welfare-Justice Tensions -- Progression of Rights from Welfare to Justice -- The Best Interests of the Child and Due Process Guarantees -- Respect for the Views of the Child and Effective Participation at Trial -- The Evolving Capacities of the Child -- Reintegration into Society -- Conclusion -- 3 MACRs and States' Obligations under Regional and International Law Instruments -- International Covenant on Civil and Political Rights -- International Covenant on Economic, Social and Cultural Rights -- American Convention on Human Rights -- Protocol I Additional to the Geneva Conventions of 12 August 1949 -- Convention against Torture -- United Nations Standard Minimum Rules for the Administration of Juvenile Justice -- Convention on the Rights of the Child -- African Charter on the Rights and Welfare of the Child -- European Social Charter -- European Convention on Human Rights -- Conclusion -- 4 Historical Influences on MACRs -- Roman Law, European Law, and European Colonial Law -- Islamic Law -- Soviet Law -- Customary, Traditional, and Religious Law Systems -- Conclusion -- 5 Current MACRs Worldwide and Modern Trends -- Making Sense of MACRs and Punishment: Methodological Considerations -- Current MACRs Worldwide -- Scrutiny under the CRC and Rising MACRs -- Downward Pressures: Isolated Crimes and Widespread Hype -- The MACR as a General Principle of International Law -- Conclusion.

6 Practical Implications and Challenges of MACR Implementation -- No Proof of Age or Reliable Age Estimates -- Problematic State Responses to Children Younger than MACRs -- No Effective Response to Children Younger than MACRs -- MACRs that Threaten Children's Right to Effective Participation at Trial -- Undermining of Doli Incapax and Similar Presumptions -- Instrumental Use of Young Children by Adults for Crimes -- Courts' Disregard for MACRs, and Extrajudicial Acts Against Children -- Conclusion -- 7 Making MACRs Work for Children's Rights -- Defining a More Meaningful MACR -- MACR Provisions: Establishment, Implementation, and Monitoring -- Annex 1 United Nations Convention on the Rights of the Child -- Annex 2 Worldwide MACR Provisions and Statutory Sources by Country -- Index.
Abstract:
Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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