Juvenile justice in Africa: An assessment of adherence to international law on preserving the rights of child offenders

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Date
2018-12-07
Authors
Agotse, Cynthia Dela
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Abstract

The United Nations in their quest to ensure that the rights and privileges of children are respected have enacted a number of Acts that seek to preserve the rights of children, especially children in conflict with the law. These laws are universally binding, and every state associated with the UN is expected to domesticate the laws into their legal systems. However, past studies have revealed that, though states have ratified these international laws and have made numerous attempts to domesticate the laws, the laws are not being implemented effectively. Consequently, the purpose for which these laws are enacted is not being realized as expected. Most African children especially those who find themselves in conflict with the law are not well informed about their rights and are therefore easily exploited when they find themselves in conflict with the law. This study was therefore an attempt to find out how relevant the ratification of the UNCRC has been to juvenile justice systems in Africa. Findings from a comparative analysis of three selected countries, specifically South Africa, Kenya, and Zambia, confirms the existing gap between policy and practice of the CRC in the three countries. While all three countries have done a reasonably good job to ensure that their laws on child justice are representative of the best practices that have been laid down by international law on child justice and rights, there is evidence that they have not been able to fully implement these laws in practice. It is argued that in order to ensure better compliance with the CRC, these and potentially other African countries would need to adopt best practices that resonate with the needs of youth in conflict with the law, while taking into account the continuing importance of tradition and customary law.

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Keywords
Youth justice, Human rights, UNCRC, Children's rights, Juvenile justice, Africa
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