确定儿童在少年司法制度中的权利

Alfonce James Oduor, Vivian Moraa Nyaata
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引用次数: 0

摘要

该研究的目的是确定儿童在少年司法制度中的权利。这项研究是在青少年法律存在漏洞的假设下进行的。该研究基于桌面研究方法,其中使用了主要和次要信息来源。触犯法律的儿童受到国内、区域和国际各种立法的保护,这些立法规定了他们在司法管理范围内的权利。然而,肯尼亚的法律框架没有充分保护与法律接触的青少年,这是一项要求。最后,这项研究发现,颁布的法律存在差距,因此这构成了司法系统内侵犯儿童权利背后的主要原因;如果不及时解决这一问题,违反该法的儿童将继续在若干方面遭受苦难。司法服务委员会应就如何处理违反法律的儿童为法院制定明确的指导方针。还应当有受过专门训练的法律官员负责审理和确定儿童案件。肯尼亚律师协会应鼓励倡导者和积极分子为无力支付法律费用的儿童提供无偿服务。这应该成为执业执照续期的一项要求。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Identify children's rights in the juvenile justice system
The study's objective was to identify children's rights in Juvenile Justice System. The research has been done on the assumption that there are gaps in juvenile laws. The study was based on a desktop research method where both primary and secondary sources of information were utilised. Children in conflict with the law are protected under various legislations both domestically, regionally and internationally, which provides for their rights within the administration of justice. However, Kenya's legal framework has not adequately protected juveniles who come into contact with the law as is a requirement. In conclusion, the study has discovered that laws enacted have gaps, and thus this forms the main reason behind the violation of children's rights within the justice system; if this is not addressed in time, children in conflict with the Law will continue to suffer in several ways. The judicial Service Commission should develop clear guidelines for the courts on how children in conflict with the Law should be handled. There should also be specially trained Legal officers responsible for hearing and determining children's cases. Law Society of Kenya should encourage Advocates and Activists to represent children who are unable to cater for legal fees on a pro bono basis. This should be a requirement for renewals of practising licenses.
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