Preview

Amendments To Children's Rights Case Study

Good Essays
Open Document
Open Document
834 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Amendments To Children's Rights Case Study
Various adaptations and amendments to the laws surrounding Children and Young people exist which aim to reflect the morals of our changing society. The legal implications and adaptations in relation to Children and Young people have been effective in engaging with the rights of children and young people, as well as to find a morally-liable outcome to any criminal proceedings that directly involve a child or young person. This is evident in the effectiveness of the United Nations Convention on the Rights of the Child, as well as the effectiveness of the Children's Courts and Young Offenders Act.

The Convention of the Rights of the Child (CROC) grants any person defined as a child (under the age of 18) a comprehensive set of rights. Australia is in agreement with the United Nations, obligating to implement the rights of the child by taking all necessary legislative, administrative and other measures. The rights of the child set by CROC indicate that Australia is under obligation to: 1. Review its laws and regulations to ensure that they comply with the CROC rights and to repeal or make amendments to any
…show more content…
The Young Offenders Act obeys both the judicial responsibilities and the moral entitlements of society's needs. Due to the influence of Doli Incapax, the YOA ensures that Young Offenders are not charged with an adult-grade punishment, as they are under the 'blanket' that they have no moral compass or understanding of right and wrong. The Young Offenders Act provides punitive measures for offenders yet meets the needs for both the victim and the

You May Also Find These Documents Helpful

  • Good Essays

    The United Nations (UN) convention on the rights of children in 1989 is a hugely essential piece of legislation which has influenced all child protection/safeguarding legislations. This is a treaty of nations which aims for all children to be treated equally, fairly and with dignity throughout their childhood and lifetime. All kinds of children’s rights were discussed and agreed upon; the right to life, liberty, freedom, justice, health treatment, education, equality and much more. Article 19 is most relevant to safeguarding children, “Government must take all appropriate measures to protect a child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including…

    • 1581 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The Children Act 1989, implemented for the most part on 14 October 1991, introduced comprehensive changes to legislation in England and Wales affecting the welfare of children. The scope of the Act is extremely wide. Consequently, it has major implications for the practice of all who work with or for children. It changed the standing of children and young people in law, introduced new concepts relating to the responsibilities of adults, changed the structure and functioning of the courts, and provided an entirely new range of orders in both private & public law relating to the care of children.…

    • 2592 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    The Youth Criminal Justice Act is the law that governs Canada's youth justice system. It applies to youth who are at least 12 but under 18 years old, who are alleged to have committed criminal offences. In over a century of youth justice legislation in Canada, there have been three youth justice statutes: the Juvenile Delinquents Act (1908-1984), the Young Offenders Act (YOA) (1984-2003), and the Youth Criminal Justice Act (YCJA) (2003-present). A set of amendments to the YCJA was adopted by Parliament in 2012. The purpose of this document is to explain the background of the YCJA, to provide a summary of its main provisions and the rationale behind them, and to highlight the experience under the YCJA.…

    • 776 Words
    • 4 Pages
    Good Essays
  • Good Essays

    This is the basis of the current child protection system in England and Wales and was introduced to consolidate and clarify previous legislation. It established the principle that a child’s welfare is paramount in any decisions made about their upbringing. It states that every effort should be made to preserve a child’s home and family links and also introduced the notion of parental responsibility. It details how local authorities and courts should act in order to protect the welfare of children.…

    • 896 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    This is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children and their needs and rights. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under a state's own domestic legislation. Nations that ratify this…

    • 1140 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    <br>There is, however, debate over the need for change. Some say the current act is much too easy on youths and that they're getting away with too much. There are reasons situations, such as these misinterpreted ones, have come about. The YOA was designed keeping youth protection in mind, and experts in the area tend to refer to the fact that "…repeated studies have shown that it is not the severity of punishment which deters crime, but the certainty of it" (Daunt 1998 7). Therefore it is not surprising that thousands of good kids have been helped, and not hindered, by the current legislation on their way to a productive life (Good 1998 171). As well, the current YOA does have serious consequences for violent offenders, many of them ending up in adult court (Daunt 1998…

    • 749 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The guiding principles of the Young Offenders Act include the following young people who commit offences must take responsibility for their actions. However, young people…

    • 2297 Words
    • 10 Pages
    Good Essays
  • Good Essays

    TMA01

    • 1118 Words
    • 3 Pages

    Since recent years a lot has developed to support children, the UNCRC (United Nations Conventions on the Rights of Children) (1989) who have made 54 legally binding…

    • 1118 Words
    • 3 Pages
    Good Essays
  • Best Essays

    United Nations Convention on the Rights of the child (UNCR 1989), Article 1 defines a 'child' as a person below the age of 18. Law is used in order to legitimise society; children are deeply and permanently affected by the laws that are made and enforced by adults. Safeguarding and promoting the welfare of the children is based on "_protecting, preventing and ensure safety_" towards children, (Reference). Within society there are many professionals and agencies operated in order to protect and reinforce children's rights. The language of safeguarding children came about with the advent of The Children Act 1989. The Children's Act (1989) and (2004) are also legislation which states that those who work with children have priority to keep them safe. The Children's Act 2004 focuses more on 'integrating services around meeting the needs of children and their families', which resulted in professionals working more closely together (DfES, 2004a). Measures which also are seen to be protecting the interests of the child, would be the European Convention on Human Rights and the United Convention on the Rights of the Child are seen to in-fact have 'limited impact' focusing less on the actual rights of the child and more on parental rights in respect of their children's education (Blythe and Parkin, 1999, p. 118). Although children do not have any say in who will govern them, it is seen as essential for children to be protected within this integrated system we live in. Although professionals have the duty of the protection of children "_everyone who comes into contact with children and families has a role to play_", any organisation or agency can work together in order to provide consistent support towards children (Web ref 1).…

    • 4236 Words
    • 14 Pages
    Best Essays
  • Satisfactory Essays

    In cases of alleged abuse or harm children and young people have the right to be protected from significant harm under the children’s act 1989, every child matters 2004 and the UNCRC…

    • 318 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Supporting the School

    • 1496 Words
    • 6 Pages

    All adults working with children or young people have a legal responsibility to protect them; these responsibilities are outlined in child protection laws. As outlined in the children’s act 1989 the welfare of the child is paramount, this act gives guidelines for schools, local authorities and courts which they must adhere to in order to protect children.…

    • 1496 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    More than ever, Child protection is a topical issue. That’s why many years ago the British government, aware of the fragility and vulnerability of children to adults, has implemented a number of laws relating to children and young people in the UK. These laws are made to define the inherent right of children, and also to define the implication of their rights for all those responsible of or using any childhood services; but more specifically what we will see through the legislation concerning the rights of children, is how they may impact the work of childcarers, how they can allow them to set the road of good practice. And to make it easier as the laws relating to children are so numerous we will focus only on three of the most influential ones. These are:…

    • 954 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Indigenous Youth Offenders

    • 1528 Words
    • 7 Pages

    The criminal justice system uses unique policies and programs to address the difficulties associated with dealing with young offenders. It is widely accepted by the international and Australian standards that children and young offenders should be subject to an alternate criminal justice system than adults, which identifies and recognizes their inexperience and irresponsibility. “Best interests of the child” (CROC article 3). In NSW, daily there are over 500 under 18s incarcerated in juvenile institutions. With 69% between age 15-17 and 94% of them are male. 10-16 year olds make up 10% of the population and 20% of the offender population. Indigenous youth offenders represent the largest group of juveniles in custody. This essay will assess…

    • 1528 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The rights of children are being undermined by American civic laws. Children see a comfortable amount of protection from the government but several issues exist as a result of America still not ratifying The Convention on the Rights of the Child, meaning children are not being protected from abuse, malnutrition, and are not receiving basic health needs. one in four children in America go hungry everyday because of lack of food. This percentage of children is primarily of different ethnicity. A child must never go hungry no matter what ethnicity they are, America must protect their younger citizens (0-18 years of age) from going hungry. Abuse is something several children fear everyday with three million cases being reported, 10% being sexual…

    • 949 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Assignment 302 1.2

    • 370 Words
    • 2 Pages

    There is much legislation, codes of practice and policies ensuring the rights of children and young people. These are:…

    • 370 Words
    • 2 Pages
    Satisfactory Essays