The abolition of corporal punishment in S v Williams and Others 1995 (3) SA 632 (CC) provided the state with the impetus to consider alternative sentencing options. Unsystematic efforts by the government to reform the juvenile justice system have failed abysmally. The government was forced to review its policies on juvenile sentencing. An examination of international trends reveals the imposition of stricter measures of punishment for serious and violent juvenile offenders. Community-based sentencing options are used mainly for first-time offenders. The focus has also shifted from punishment and retribution to prevention and treatment. It is advocated that serious and violent juvenile offenders be incarcerated in secure-care facilities and/or juvenile prisons and that community-based sentencing options be utilised for first-time offenders. The government should also design programmes that deal with situations that lead to crime and delinquency / Criminal and Procedural Law / LL.M. (Law)

The purpose of this study was to investigate the self-concept of juvenile delinquents and to compare it with the self-concept of non-delinquent adolescents. The aspects of the self and their role in self-concept formation were outlined. Psychosocial and moral development were discussed, as well as factors that affect moral development. Juvenile delinquency was studied. Poverty and lack of parental care stood out as the main causes of juvenile delinquency. The South African juvenile justice system was also investigated. The Adolescent Self-concept Scale was administered to 20 delinquent and 20 nondelinquent adolescents. The results revealed that there is a significant difference between the self-concept of juvenile delinquents and that of non-delinquents. The delinquent group was found to have a low general self-concept. In order to determine how delinquent behaviour influences the self-concept and vice versa, one respondent from the delinquent group was randomly selected and an indepth study was carried out. / Educational Studies / M. Ed. (with specialisation in Guidance and Counselling)

Submitted by Ana Carla Almeida (ana.almeida@ucsal.br) on 2017-12-27T18:39:48Z No. of bitstreams: 1 DISSERTACAOJESSICAPAIXAO.pdf: 1942748 bytes, checksum: 97cd6cd422a18b8a546bdfe5a4277fb7 (MD5) / Approved for entry into archive by Rosemary Magalhães (rosemary.magalhaes@ucsal.br) on 2017-12-27T18:52:16Z (GMT) No. of bitstreams: 1 DISSERTACAOJESSICAPAIXAO.pdf: 1942748 bytes, checksum: 97cd6cd422a18b8a546bdfe5a4277fb7 (MD5) / Made available in DSpace on 2017-12-27T18:52:16Z (GMT). No. of bitstreams: 1 DISSERTACAOJESSICAPAIXAO.pdf: 1942748 bytes, checksum: 97cd6cd422a18b8a546bdfe5a4277fb7 (MD5) Previous issue date: 2016-12-19 / A Justiça Restaurativa (JR) vem se consolidando no Brasil enquanto projeto de Justiça moderno e emancipador. Este estudo focaliza formas de solução de conflitos envolvendo adolescentes autores de ato infracional e suas famílias, por meio do modelo de JR. Para analisar a participação da família em experiências de Justiça Juvenil Restaurativa nas regiões Norte e Nordeste, utilizou-se uma combinação de métodos divididos em três fases interdependentes. A primeira fase constituiu um estudo exploratório realizado entre agosto de 2015 a junho de 2016. Promoveu-se o levantamento da implementação teórico-prática da “Justiça Restaurativa” no Brasil e foram identificados os projetos de Justiça Restaurativa existentes nas Regiões pesquisadas. O questionário foi aplicado com os atores sociais envolvidos em projetos de justiça restaurativa. Foram identificadas vinte e nove experiências no N e NE, sendo dezenove no âmbito da infância e juventude, envolvendo Poder Judiciário, Poder Executivo, Defensorias, Ministério Público, Universidades, escolas, OAB, ONGs e Centros de Referência em Assistência Social. Em sua maioria, os projetos incluem a família por meio dos círculos restaurativos, com acompanhamento psicossocial e recebem orientações acerca do cumprimento da Medida Socioeducativa (MSE). Os responsáveis pelos adolescentes são estimulados a participar das práticas restaurativas desde a fase inicial de apuração do ato infracional até a execução da MSE. A análise dos questionários evoca a repercussão da inclusão da família no processo, além de ter contribuído para a definição da experiência emblemática a ser investigada em profundidade. O projeto escolhido situa-se no juizado da infância e juventude do município de Santarém, Oeste do Pará. Iniciada em 2012, fruto da parceria interinstitucional entre o Tribunal de Justiça do Estado do Pará e a Universidade Federal do Oeste do Pará. A experiência demonstrou que a participação da família nos círculos restaurativos incentiva o protagonismo juvenil, o fortalecimento dos vínculos familiares e o exercício da cidadania. Contudo, ainda são necessárias estratégias auxiliares, de natureza pública, que facilitem o acesso dos membros da família, sobretudo daqueles adolescentes com restrição total ou parcial da liberdade, criando espaços adequados ao exercício do cuidado e a geração de afeto. / The Restorative Justice (RJ) has been consolidating in Brazil as a modern and emancipatory justice project. This study focuses on ways of solving conflicts involving adolescents who commit infractional acts and their families, through the RJ model. In order to analyze the participation of the family in restorative juvenile justice experiences in the North and Northeast regions, a combination of methods was divided into three interdependent phases. The first phase consisted of an exploratory study carried out between August 2015 and June 2016. The theoretical-practical implementation of "Restorative Justice" in Brazil was promoted and the restorative justice projects in the regions surveyed were identified. The questionnaire was applied with social actors involved in restorative justice projects. The questionnaire was applied with social actors involved in restorative justice projects. Twenty-nine experiences were identified in the N and NE, nineteen in the field of childhood and youth, involving Judiciary, Executive Branch, Defenders, Public Ministry, Universities, schools, OAB, NGOs and Reference Centers in Social Assistance. For the most part, the projects include the family through the restorative circles, with psychosocial support and receive guidance on compliance with the socioeducational measure (MSE). Those responsible for adolescents are encouraged to participate in restorative practices from the initial stage of investigation of the infraction until the execution of the SEM. The analysis of the questionnaires evokes the repercussion of the inclusion of the family in the process, besides contributing to the definition of the emblematic experience to be investigated in depth. The chosen project was situated at child and youth court of the municipality of Santarém, in western Pará. This project started in 2012, as a result of the interinstitutional partnership between the Pará State Court of Justice and the Federal University of Western Pará. The experience shows that the participation of the family in restorative circles encourages youth protagonism, the strengthening of family ties and the exercise of citizenship. However, auxiliary strategies of a public nature are still needed to facilitate the access of family members, especially those adolescents with total or partial restraint of freedom, creating adequate spaces for the exercise of care and the generation of affection.

No description available.

Submitted by Marlene Santos (marlene.bc.ufg@gmail.com) on 2016-09-21T19:54:57Z No. of bitstreams: 2 dissertação - Liza Franco Busse Reis dos Santos - 2016.pdf: 1799188 bytes, checksum: 365adccd2462ca4ed154acb14d94f1e6 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) / Approved for entry into archive by Luciana Ferreira (lucgeral@gmail.com) on 2016-09-26T11:35:54Z (GMT) No. of bitstreams: 2 dissertação - Liza Franco Busse Reis dos Santos - 2016.pdf: 1799188 bytes, checksum: 365adccd2462ca4ed154acb14d94f1e6 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) / Made available in DSpace on 2016-09-26T11:35:54Z (GMT). No. of bitstreams: 2 dissertação - Liza Franco Busse Reis dos Santos - 2016.pdf: 1799188 bytes, checksum: 365adccd2462ca4ed154acb14d94f1e6 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) Previous issue date: 2016-09-12 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / This study is about the production of punishment and the limits and possibilities of a judgment guided by equity in the context of juvenile justice. The field of research is the Court of Childhood and Youth located in Goiânia´s County. This is a qualitative research, carried out through direct observation of informal hearings made by the prosecution and trial hearings, as well as semi-structured interviews with professionals of justice: defenders, prosecutors and magistrate. Pierre Bourdieu and Michel Foucault are central authors for this study; Bourdieu is very useful to think about how juvenile justice is organized, while Foucault contributes to the analysis of discourse. In the case of Bourdieu, the concepts of Illusio (game) and those very close to him, as field / subfield also Nomos and doxa, beyond the habitus, are here mobilized at different intensities; in the case of Foucault, the folds or successive doubles, provided by examination of practices associated with the Standards Branch, are here important. It is understood that the extension of punitive power operated in the folds that focus on the trial of juvenile justice, can only be faced with the combination of social-educational measures and protective measures, a feature that is provided by the legislation. It is analyzed, then, the reality of this possibility that will appeal to a judgment tuned to the perspective of equity. Furthermore, the introduction and the final considerations of this work are busy putting it into dialogue with topics that are on the agenda of contemporary sociopolitical scene: reducing the age of penal majority and punitive resurgence under juvenile law. / O presente estudo reflete sobre a produção da punição e dos limites e possibilidades de um julgamento, pautado pela equidade, no âmbito da justiça juvenil atuante na esfera da socioeducação. O campo da pesquisa é o Juizado da Infância e Juventude da Comarca de Goiânia. Trata-se de uma investigação qualitativa, realizada por meio da observação direta de oitivas informais da promotoria e audiências, e também entrevistas semiestruturadas com profissionais desta justiça: defensores, promotores e magistrada. Pierre Bourdieu e Michel Foucault são autores centrais para este estudo; Bourdieu é de grande valia para pensar a forma como está organizada a justiça juvenil da comarca estudada, enquanto Foucault contribui para a análise dos discursos. No caso de Bourdieu, os conceitos de Illusio (jogo) e aqueles muito próximos dele, como campo/subcampo, também nomos e doxa, além do habitus, são aqui mobilizados em diferentes intensidades; no caso de Foucault, privilegia-se as dobras ou duplos sucessivos, providenciados pelas práticas de exame, associados ao Poder de Normalização. Entende-se que a extensão do poder punitivo, operado nas dobras que incidem sobre o julgamento da justiça juvenil, só pode ser enfrentada por meio da combinação entre medidas socioeducativas e medidas protetivas, recurso este disponibilizado pela legislação que informa esta justiça. Analisa-se, então, a realidade desta possibilidade que vai ao encontro de um julgamento afinado à perspectiva da equidade. Para além disso, a introdução e as considerações finais deste trabalho se ocupam em colocá-lo em diálogo com temas que estão na pauta da cena sociopolítica contemporânea, a redução da maioridade penal e o recrudescimento punitivo no âmbito do direito juvenil.

La RDC a hérité de la Belgique d’un système tutélaire cristallisé par le décret de 1950 sur l’enfance délinquante à qui l’on a reproché une inadéquation aux réalités sociétales locales. Ce texte est, toutefois, resté en application jusqu’en 2009, année à laquelle le pays s’est afin doté d’une loi sur la protection de l’enfant (LPE). Ce nouveau texte aura le mérite d’aborder la quasi-totalité des questions juridiques relatives à l’enfant ; mais sa principale faille reste le manque de clarté, de cohérence et de vision globale. Cette loi entretient, en effet, un imbroglio juridique qui ressort tant au niveau de la criminalisation primaire que secondaire. Si son intitulé laisse croire à la continuité du modèle tutélaire, son contenu dévoile un alignement sur le code malien de protection de l’enfant de 2002 qui, sur le plan pénal, est influencé par le système français d’obédience « répressionnelle ». Pendant que certains auteurs continuent à soutenir une irresponsabilité pénale absolue du mineur, la LPE fait appel à certains concepts qui remettent en question cette approche. Ainsi, la présente étude a proposé, à partir du droit coutumier et du droit comparé (français et belge), une lecture pénale et critique de la LPE basée sur une approche systémique, cohérente et contextuelle de la situation pénale du mineur-délinquant. Elle démontre, in fine, l’autonomie du droit pénal congolais des mineurs / The Republic democratic of Congo has inherited from Belgium a guardianship children’s system crystallized by the decree of 1950 on delinquent childhood, which was criticized for being inadequate to the Congolese societal realities. However, this text remained in force until 2009, when the country adopted a juvenal protection act (JPA). This text will have the merit of addressing almost all legal issues relating to children; but its main weakness remains the lack of clarity, coherence, and global vision. This law has indeed a legal imbroglio which emerges both at the level of primary and secondary criminalization. While its title suggests the continuity of the tutelary model, its content reveals an alignment with the Malian children’s protection act of 2002, which, on the criminal level, is influenced by the French system more oriented towards repression. While some authors continue to support an absolute criminal irresponsibility of the minor, the JPA uses some concepts which contradicts this approach. Therefore, the present study has proposed a criminal and critical reading based on a systemic, coherent and contextual approach to the juvenile offender while referring to both customary and comparative law (French and Belgian). This study demonstrates the autonomy of Congolese criminal law on minors

Magister Legum - LLM / The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be. / South Africa

Masters in Public Administration - MPA / Whilst policy formulation has been extensively studied and theorised in the literature, far less attention has been paid until fairly recently to the issue of policy implementation. For a long time it was more or less assumed that once policy was formulated, implementation was a relatively straightforward administrative matter. In the past twenty or thirty years, however, public administration scholars (such as Pressman and Wildavsky and, in the South African context, Brynard and de Coning) have devoted more attention to unravelling the complexities of policy implementation. The current study intends to apply these more theoretical approaches to an analysis of the implementation of the 1997 White Paper for Social Welfare with particular respect to children in conflict with the law, focusing specifically on the One Stop Child Justice Centre in Mangaung, Bloemfontein. Welfare Service in South Africa before 1994 had a racial bias with services mostly unavailable to the majority of the citizens of the country. The 1997 White Paper for Social Welfare, based on a developmental approach to social welfare, was designed to take the country in a new and inclusive direction. In line with South Africa’s 1996 ratification of the UN Convention on the Rights of the Child, as well as other international instruments, Section 4 of Chapter 8 of the White Paper focuses on crime prevention through development and restorative justice, and recommends diversion wherever possible in the case of juveniles. With respect to Juvenile justice, this section of the White Paper makes provision for the establishment of One Stop Child Justice Centres, where a variety of services, from Social Development, the Department of Justice, the South African Police Services, Correctional Services, and the NPA, would be available to clients under one roof. All of these role players, it was envisaged, would operate as a multi-disciplinary team to achieve the objectives of the White Paper with respect to developmental and restorative forms of justice. The Centre at Mangaung is one of only a few centres to have been established as yet in South Africa. Although focusing in particular on the implementation of the 1997 White Paper, the study is also informed by other policy and legislative measures with respect to juvenile justice, in particular the Child Justice Bill of 2002 (now the Child Justice Act of 2008) and the Probation Services Amendment Act of 2002. It is generally accepted by the Government and its critics alike that the policy scene in South Africa in the period since 1994 has been characterized by good policies but poor execution. This is, however, a relatively untested hypothesis and needs further investigation. In the light of this, it is anticipated, that the present study will make a contribution to the literature on policy implementation in South Africa, as well as providing useful insights and lessons that can inform general government policy in this regard, and policy with respect to juvenile justice in particular. Within the general context of the 1997 White Paper for Social Welfare and the Department of Social Development’s Integrated Service Delivery Model, and the specific context of the Mangaung One Stop Child Justice Centre, the overall purpose of the study is to scrutinize the apparent discontinuity between policy design on the one hand and policy implementation on the other. More specifically, though, the objectives of the study are: (i) to examine the content of the 1997 White Paper for Social Welfare in general and more specifically the section on children in conflict with the law, (ii) to provide a historical overview of the delivery of services to youth in conflict with the law prior to the first democratic elections (1994) in South Africa, (iii) to examine what the concept of ‘integrated service delivery’ means to the different role-players at the One Stop Child Justice Centre, (iv) to examine the existing resources (human, financial and other) for successful implementation of the policy,(v) to examine whether there are procedures in place to encourage co-operation among stakeholders at the One Stop Child Justice Centre, (vi) to examine the successes, challenges and opportunities presented by the implementation of this policy at the One Stop Child Justice Centre and, (vii) to identify gaps between policy and implementation and make recommendations towards more successful implementation. Detailed semi-structured interviews were conducted with the Centre Manager and senior representatives of all the services involved (Social Development, the SAPS, Magistrates, the Probation Service, and Prosecutors). The interview questions focus mainly on implementation issues and challenges, but also gather information on the knowledge of the interviewees on the content of the policy. In addition, in order to validate and compare the data collected from these respondents, semi-structured interviews were held with six parents/guardians of children in conflict with the law who had been serviced by the centre. Official documents of the centre, such as annual reports, were also consulted for purposes of triangulation. Detailed transcripts will be made of all the interviews. In analysing the data, use was made in particular of the 5C Protocol advocated by Brynard and De Coning (2006) in their study of policy implementation in South Africa. The five C’s include the Content of the policy, the Context in which the policy is implemented, Commitment from those implementing the policy, the role of Clients and Coalitions, and the Capacity of those tasked with implementing the policy. In addition other C’s which have an impact on policy implementation (such as communication, co-ordination, and change management) will also be considered. Confidentiality of data gathered and anonymity of respondents were ensured by not requiring any personal details from the survey instruments. The sole purpose of using the data gathered for research was communicated to the respondents on the front page of the survey instruments. The choice of also not answering questions raised was respected.

"It is the responsibility of every government to protect the fundamental rights and freedoms of its citizenry and to ensure that the rule of law and justice prevails at all times. Hovewer, children accused of committing crimes are more susceptible to human rights abuses and violations of their legal rights while in detention, either in police cells, prisons or authorised detention centres. They mostly suffer from both the agents of the state as well as from inmates. These violations often take place [behind] closed doors, and society being primarily concerned with keeping offenders locked up rather than about their conditions and human rights being respected, the cries of these children to be treated with dignity and worth go unnoticed despite the constitutional and international guarantee of their rights. The problem therefore is first to examine what rights do children in trouble with the law have under international law in general and specifically within the African human rights sytem with special emphasiis on the rights of children deprived of their liberty. Secondly, to examine how these international instruments are given effect domestically and whether there are challenges encountered in realising these rights. These are the main issues that this research intends to grapple with using South Africa and the Gambia as case studies with a view to making recommendations for better protection of the rights of this category of children. ... This research consist of four chapters. The first chapter is the introduction. It will give the basis and structure of the research which will include a general overview of the problem in the two countries under study. In the second chapter, it will explore the relevant international and African normative framework that protects the rights of children in trouble with the law and the obligations of states towards these children. However, the main focus will be the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), because they are the two main human rights instruments providing specific protection for children's rights in all spheres. The third chapter will be a comparative analysis of the rights of children deprived of their liberty as provided in the municipal laws of South African and the Gambia vis a vis the minimum standards set [out] in the CRC and ACRWC. It will discuss the following issues, namely: defintion of a child, age of criminal responsibility, the best interest, detention as a last resort and for the shortest possible time, separation from adult detainees, role of parents, establishment of separate criminal procedures, right to legal respresentation and assistance, and sentencing options. It will also examine the problems and challenges for implementation. The fourth chapter will conclude and make recommendations on how best to implement the laws and who should be the role players in ensuring that the rights of these children are well protected." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Professor Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

MA (Youth Development) / Institute of Gender and Youth Studies / See the attached abstract below