Wednesday, January 10, 2018
Chris Cunneen, Barry Goldson and Sophie Russell (University of New South Wales (UNSW) - Faculty of Law, University of Liverpool - Department of Sociology, Social Policy and Criminology and University of New South Wales (UNSW) - School of Social Sciences) have posted Juvenile Justice, Young People and Human Rights in Australia (Current Issues in Criminal Justice, Vol 28, No 2, pp. 173-188) on SSRN. Here is the abstract:
This article identifies the key human rights issues that emerge for young people in juvenile justice in Australia. While there is a clear framework for respecting the human rights of children within juvenile justice, the article poses the question: To what extent does Australia actually operationalise and comply with these rights in law, policy and practice? In answering, it discusses various national and international reports, legislation, academic and other research and litigation on behalf of children. It identifies substantive and procedural human rights violations affecting young people in juvenile justice, many of which fall disproportionately on two over-represented groups: Indigenous young people, and those with mental health disorders and cognitive disability. While there are review and compliance mechanisms in place, respect for young people’s rights within the broad area of juvenile justice remains problematic.