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Challenging notions of children’s “participation” in the youth justice system: the United Nations Convention on the Rights of the Child, Article 12

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posted on 2024-03-13, 13:35 authored by Anthony Charles, Kathy Hampson, Stephen CaseStephen Case, Aaron Brown

A child’s right to participate in decision making is seminally proclaimed in Article 12, UNCRC. Yet, it is often the case that the rhetoric associated with children’s “participation rights” does not reflect practice. Especially in the case of the youth justice system, significant challenges exist concerning both notions of the right to participate and how it translates into and influences what should be appropriate interventions for young people. This article draws upon three studies which critically examined the concept of participation and children’s decision making in pre-court and custody and resettlement settings. Listening to what young people said through these studies, reflections are offered concerning prevailing understandings and the operationalisation of “participation” within existing youth justice approaches. Additionally, consideration is afforded to barriers to effective participation in youth justice and the transformative potential that the right to participate in decision making offers those who come into conflict with the law.

History

School

  • Social Sciences and Humanities

Department

  • Criminology, Sociology and Social Policy

Published in

The International Journal of Children’s Rights

Volume

32

Issue

1

Pages

9 - 44

Publisher

Brill

Version

  • AM (Accepted Manuscript)

Rights holder

© The Authors

Publisher statement

This paper was accepted for publication in the journal The International Journal of Children’s Rights and the definitive published version is available at https://doi.org/10.1163/15718182-32010002

Acceptance date

2023-09-22

Publication date

2024-03-06

Copyright date

2024

ISSN

0927-5568

eISSN

1571-8182

Language

  • en

Depositor

Prof Stephen Case. Deposit date: 11 March 2024

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