CHILDREN AND CRIME(s): ROLE OF JUDICIARY IN PROTECTING CHILD RIGHTS

Proceedings of the 6th International Conference on Education and Technology (ICET 2020), 2020

Indonesia is a legal state that upholds Human Rights Enforcement (HAM). Nowadays, there is often a violation of human rights violations, which is not only done by adults, but also by children, either alone or together with various forms. Appropriate handling and enforcement of the child as a criminal offence is required. Children are part of the young generation as one of the human resources which is the potential and successor of the nation's struggle ideals, which have strategic roles and have special characteristics and traits, requiring coaching and protection in order to ensure physical, mental and social growth and development. Indonesia, already has a number of rules to protect, enrich and fulfill the rights of children. Indonesia has passed the Law Number 4-year 1979 on child welfare. It should be a referral in policy-making to child protection. Indonesia passed Law Number 3 of 1997 on children's judiciary and Law Number 23 of 2002 on child protection.

The purpose of this dissertation research is to analyze and discover the nature of legal protection for children in dealing with the law in the juvenile criminal justice system, analyze the implementation of legal protection against children in dealing with the law in the child criminal justice system in Gorontalo Province, and to analyze the Factors which affects the implementation of legal protection against children dealing with the law in child criminal justice system in the jurisdiction of Gorontalo Province. This research is in the realm of legal science by using empirical juridical research types. By using a sociological juridical approach in order to address the problem of implementing legal protection against children in dealing with the law in child criminal justice system in Gorontalo Province. Research is descriptive. The data used are primary data and secondary data. The techniques used to collect data are documentation study techniques and interview techniques. This study uses a non-probability/non-random sampling technique. Overall data collected from both primary and secondary data are processed and analyzed using qualitative data analysis.

This study aims to analyze the legal protection of children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. For that reason, it not only examines its normative aspects, but also the law as in its reality. The results of the study are legal protection of children in the perspective of human rights being poorly implemented because the government has not carried out its obligations in fulfilling children's rights so that legal violations of children still occur.

Child Abuse & Neglect, 2011

General comment for the UN convention on the rights of the child Violence against children Maltreatment Physical abuse and neglect Psychological abuse and neglect Sexual abuse and exploitation Child rights approach Child rights UN convention on the rights of the child Article 19 of UN convention on the rights of the child Primary prevention Proactive prevention Good child care Child protection transformation Child protection paradigm shift National coordinating framework UN Committee on the rights of the child Study on violence against children a b s t r a c t Children continue to be subjected to high levels of violence (i.e., physical, psychological and sexual maltreatment) throughout the world. International concern about violence against children has increased significantly during the last decade. A Study on Violence Against Children, encouraged by the UN Committee on the Rights of the Child, conducted under the auspices of the United Nations Secretary General and reported in 2006, has become a rallying call to improve child protection. Child protection practices and systems have been judged to be generally inadequate and, in some cases, destructive. It is widely recognized that business as usual-more of the same-will not do. A General Comment (guide to fulfilling obligations) for Article 19, the central conceptualization of child protection of the UN Convention on the Rights of the Child, has the potential to promote a worldwide reformulation of child protection priorities, policies, and practices by virtue of the infusion of a child rights approach. It can be a mechanism for framing and promoting the transformational change needed-for a genuine paradigm shift. Here, explication is given for the historical context, rationale, centrality of child rights, process of development, holistic nature, and primary elements of General Comment 13 (GC13): The child's right to freedom from all forms of violence. GC13 embodies and champions a child rights approach to child protection entailing strong support for proactive primary prevention, promotion of good child care, and a commitment to secure the rights and well-being of all children. A child rights-based, comprehensive coordinating framework is recommended for the implementation of GC13.

isara solutions, 2019

Children have been given the special status and legal protection within the United Nations framework and in regional human rights treaties due to their vulnerability. They enjoy the same human rights and fundamental freedoms as all individuals. The International legal framework for the protection of children assures the positive obligations for the states to ensure the safeguarding and protection of rights of children. United Nations affirms the ‘Best Interests of Child’ principle in letter and spirit with an aspiration that international community will pave a path to sensitise the domestic justice delivery justice system of the states and to move in sync with International legal frameworks for the protection of Child Rights. The Beijing Rules of 1985, United Nations Convention on the protection of child rights 1989, Havana Rules and Riyadh Guidelines of 1990 etc. comprehensively forms this International Legal Framework with the aim and responsibility to protect the most vulnerable community of our society i.e. Children.

2019

This short chapter introduces the section of the handbook concerning young children's rights to protection. UNICEF (2006) suggests that children may need protection from exploitation, violence, and abuse. The United Nations High Commissioner for Refugees (UNHCR) (2001, 7) defines child exploitation as: 'abuse of a child where some form of remuneration is involved or whereby the perpetrators benefit in some manner-monetarily, socially, politically, etc. Exploitation constitutes a form of coercion and violence, detrimental to the child's physical and mental health, development, and education'. Examples of child exploitation might include child labour, sexual exploitation, abduction, sale or trafficking of children, as well as child soldiers. 'Child abuse' is regarded as 'an act of commission that is outside of accepted cultural norms' (physical abuse, sexual abuse or emotional abuse') or an act of 'omission, the failure to provide for the child's basic needs' (neglect) (UNHCR, 2001, 6-7). Child abuse and exploitation are incorporated into definitions of violence against children. The United Nations Convention on the Rights of the Child (UNCRC) (United Nations (UN), 1989) (Article 19) identifies violence against children as 'all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse'. The World Health Organisation (WHO) and International Society for Prevention of Child Abuse and Neglect (ISPCAN) (2006, 9) define child maltreatment as: 'all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child's health, survival, development or dignity in the context of a relationship of responsibility, trust or power.' Violent acts against children are quite simply identified as physical abuse, psychological or emotional abuse, sexual abuse or neglect experienced by those up to 18 years World Health Organisation (WHO), 2017) One person may perpetrate violence on another, it can be selfinflicted, or a large group may act violently as a collective (WHO and ISPCAN, 2006. Data and research findings about violence against children are limited (UNICEF Child Protection and Monitoring Group, 2014), but according to available data, violence against

The Lancet, 2009

In medical literature, child maltreatment is considered as a public-health problem or an issue of harm to individuals, but less frequently as a violation of children's human rights. Public-health approaches emphasise monitoring, prevention, cost-effectiveness, and population strategies; protective approaches concentrate on the legal and professional response to cases of maltreatment. Both approaches have been associated with improvement in outcomes for children, yet maltreatment remains a major global problem. We describe how children's rights provide a different perspective on child maltreatment, and contribute to both public-health and protective responses. Children's rights as laid out in the UN convention on the rights of the child (UNCRC) provide a framework for understanding child maltreatment as part of a range of violence, harm, and exploitation of children at the individual, institutional, and societal levels. Rights of participation and provision are as important as rights of protection. The principles embodied in the UNCRC are concordant with those of medical ethics. The greatest strength of an approach based on the UNCRC is that it provides a legal instrument for implementing policy, accountability, and social justice, all of which enhance public-health responses. Incorporation of the principles of the UNCRC into laws, research, public-health policy, and professional training and practice will result in further progress in the area of child maltreatment.

The international standards on child rights protection are amplified in this article which is based on an extensive review of literature. There are four categories of child rights such as civil, political, social, economic and cultural rights. provided meaningful norms and guidelines for the protection of child rights all over the world. The UN Convention contains about 54 articles covering a wide variety of rights of the protection/ welfare and the autonomy aspects. The World Summit for Children (1991) was convened in New York in order to take stock of the universal child rights protection. The United Nations bodies and specialized agencies were enabled to take active part in the deliberations and provide useful norms and guidelines for the protection of children. Concerted efforts are required to ensure global action for child rights protection in the new millennium.

Unlike the legal traditions of the East, the recognition of children's special and vulnerable position, evolving capacity and independent entitlements began to inform the legal frameworks of the West only in the last century or so. While the League of Nations took note of the rights of children in the 1920's, the topic has drawn increasing public attention in recent times. With the recognition of the vulnerabilities of varied segments of people and their respective rights under the UN system -refugees, civilians caught up in armed conflicts, colonized peoples, women, ethnic, racial and religious minorities, etc.-, the question of children's protection in varied circumstances gained traction as an important community interest. Consequentially, an impressive range of international norms that define the rights of, and offer protection for, children has become part of the global human rights discourse.

International Journal of Management, Technology, and Social Sciences (IJMTS),, 2019

Biologically, Child falls within the state of human development in between the stages of birth and puberty below the age of 14 years of age. Child is a gift of almighty which need to be nurtured, cared, respected, loved and protected. The children during their tender age require abundant care, love and affection from their parents, relatives and friends. Almost 40 percent approximately 440 million of Indian population comprises of children. Small children are the victims of erroneous offenses including Child Labour, Rape, Sexual Exploitation, Forced Marriage, Torture, Kidnapping, Negligence, Deprivation, etc. The violation of Child Rights in the name of tradition, religion, gender, class, caste, race and reputation causes physical or mental injury or even death of innocent children. Many children are frequently subjected to physical or sexual abuses at home, school, and society. Child Right falls within the ambit of Human Rights for food, basic needs, education, health care, identity and freedom of children. Child Protection shall be emphasized within the policy framework of both Central and State Government. Child Welfare is possible through the collective efforts of Police, social workers, health care professionals, local authorities, volunteers and general public. This paper describes about various problems faced by the children, child welfare schemes implemented in the multifaceted areas, statutory protection and various efforts to combat violence, discrimination, neglect, abuse and exploitation against children in India.