TEMPLATE
To Conduct an Assessment
of the Juvenile Justice Systems
in the Republics of Serbia and Montenegro in the Federal Republic of Yugoslavia
October 2001
Prepared by Carol Conragan
Attorney at Law
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INTRODUCTION
The Aim and Objective
Sponsored by the United Nations Children’s Fund (UNICEF) in the Federal Republic of Yugoslavia (FRY), the following template has been developed as a comprehensive inquiry into all facets of a juvenile justice system. The template is designed to help assess whether juvenile justice policy, legislation, and practice reflects the international juvenile justice standards set forth in the United Nations Convention on the Rights of the Child (CRC). UNICEF will be using this template to assess the current status of the juvenile justice systems in the Republics of Serbia and Montenegro.
The child in conflict with the law is the subject of this inquiry. Behind the often-closed doors of a juvenile justice system, the rights of the child can be easily neglected or ignored. That is why UNICEF is committed to protecting and promoting the rights of this particular child. According to the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), “a juvenile is a child or young person who, under the respective legal systems, may be dealt with for an offence in a manner which is different from an adult.” (See Rule 2.2(a)). “An offence is any behaviour (act or omission) that is punishable by law under the respective legal systems.” (See Rule 2.2(b)). “A juvenile offender is a child or young person who is alleged to have committed or who has been found to have committed an offence.” (See Rule 2.2(c)).
To effectively determine whether this child’s rights are being promoted and protected, the template has been developed on the basis of several substantive