Difference between revisions of "Core Value 3: Accounts for individual differences"

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(Created page with '* 1. Effective access to justice for every person with disabilities is ensured on an equal basis with others, including through the provision of procedural and age-appropriate ac�')
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Revision as of 13:10, 9 April 2010

  • 1. Effective access to justice for every person with disabilities is ensured on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their direct and indirect participation, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.[i]
  • 2. Every juvenile offender is segregated from adults and accorded treatment appropriate to his or her age and legal status.[ii]
  • 3. Laws, procedures, authorities and institutions specifically applicable to children accused of or recognized as having infringed the law are promoted and established, in particular:

A minimum age below which children are presumed not to have the capacity to infringe the law; Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.[iii]

  • 4. Every juvenile alleged as or accused of having infringed the law has the right to have his or her privacy[iv] fully respected at all stages of the proceedings.[v]


Footnotes:

[i] CRPD, Art. 13.


[ii] ICCPR, Art. 10; CRC, Art. 40;International Convention on the Protection of All Migrant Workers and Membersof Their Families (CMW), Art. 18.


[iii] CRC, Art. 40.


[iv] The right to privacy does not mean excluding parents from the proceedings. See Committee on the Rights of theChild, General Comment No. 10: Children's Rights in Juvenile Justice, paras.23g, 23l, 9 Feb. 2007. "Privacy" means, among other things, that "[n]o information shall be published that may lead to the identification of a child offender" and that "court and other hearings of a child in conflict with the law should be conducted behind closed doors." Id.xvii CRC, Art. 40.


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