Thesis advisor: Shanta Pandey / Children in conflict with the law are a significant global concern. Although the actual number of children in conflict with the law globally is unknown, on any day in 2020, approximately 261,200 children were in detention (UNICEF, 2021). HRW (2019) estimates that about 1.5 million children worldwide are detained annually, often illegally and unnecessarily, and deprived of liberty and basic needs. In seven countries in South Asia, about 44,900 children were in detention in 2020, and children can spend considerable time in pre-trial detention in many countries, e.g., 410,000 children were held in remand centers globally in 2018 (UNICEF, 2021). An earlier report highlighted that 59% of children in detention in South Asia had not been tried and sentenced, and pre-trial detention is regularly used as a sanction, violating the right to be considered innocent until proven guilty (UNICEF, 2006). Furthermore, detention conditions are generally sub-standard, overcrowded, and deny children their rights, such as the right to appropriate health and education standards; also, they regularly house children with adults, which increases the risk for violence, abuse, and exploitation (UNICEF, 2006). Notably, higher-quality service delivery corresponds to positive outcomes for vulnerable youths (Sanders et al., 2017). However, many juvenile justice systems overlook these aspects as they are adult-centered and not adapted to the needs and rights of children. Nepal is also increasingly affected by children coming into conflict with the law. The Act Relating to Children, 2018 defines a child as someone who has not completed the age of eighteen. Nepal saw a 118% increase in the number of children in conflict with the law between 2017/18 and 2018/19 (NCRC, 2020) compared to a 70% increase from 2015/16 to 2016/17 (CCWB, 2017). However, juvenile delinquency in Nepal has received little attention from researchers, administrators, and social workers (CWIN, 2013). Furthermore, existing literature on the juvenile justice system in Nepal disproportionately focuses on describing the legal system (see CeLRRD, 2001; Ghimire, 2013; Khatiwada, 2005; Mainali, 2018; Sangroula, 2004; Silwal, 2006) rather than identifying potential entry points for evidence-based systems strengthening. The increase in the number of children in conflict with the law, the identification of multiple issues within the justice system globally, including deprivation of liberty and inadequate services, and an under-exploration of the service delivery within the Nepalese juvenile justice system warrant scholarly attention. This three-paper dissertation investigated the under-researched areas of the Nepalese juvenile justice system to map a comprehensive picture of the extant services and service delivery from the lived experiences and perspectives of the service providers, i.e., the employees of the juvenile justice system, including the juvenile bench workers, and the service users, i.e., children in conflict with the law residing in correctional facilities. The author conducted in-depth interviews with 14 employees working with major organizations in the Nepalese juvenile justice system, 14 social workers assigned to serve on juvenile benches, and 16 youths from correctional facilities. In addition, 150 youths from correctional facilities completed a structured survey. The results illuminated that the Nepalese juvenile justice system struggles to provide adequate services to children in conflict with the law. It exhibited children's unmet survival, protection, participation, and development needs. Employees of the correctional homes and children within them reported several challenges in meeting the food, shelter, health, and education needs of children; children were beaten, threatened, handcuffed, and even abused or exploited by other children within the system; children and young people could not freely express themselves and were not heard in matters affecting their everyday lives; and children had limited opportunities for skill development. The agency representatives of the juvenile justice system identified inadequate budget and meagre infrastructure and professionals as the major challenges in service delivery. Social workers on the juvenile benches expressed that the benches did not function as provisioned in The Act Relating to Children, 2018 since social workers rarely shared the bench with the judge, child-friendly infrastructures were largely absent and underused when present, the judges were inadequately trained, and social workers were not paid for their services or were underpaid. The findings also revealed serious well-being concerns for children in the Nepalese juvenile justice system, including inappropriate treatment and delayed or denied justice. The respondents’ suggestions to improve service delivery with the Nepalese juvenile justice system included immediately separating the youths from children; setting up standards for operating juvenile correctional homes; expanding and strengthening the homes, including increasing the daily allowances and allocating a separate budget for health; ensuring timely decisions on cases; using legal provisions effectively, including diversion and probation officers; providing adequate opportunities for skill development and income generation within the correctional homes; developing sufficient and appropriate human resources for the juvenile justice system, including social workers and counselors; and identifying and replicating good practices within the system. The dissertation highlights the key areas needing intervention, providing a vantage point to plan and implement the necessary intervention. Thus, it establishes itself as an essential reference document for social work practitioners, researchers, and policymakers concerned about improving services and service delivery for children in conflict with the law in Nepal. / Thesis (PhD) — Boston College, 2023. / Submitted to: Boston College. Graduate School of Social Work. / Discipline: Social Work.

In Jordan, residential care institutions (RCIs) for children in conflict with the law are identified as various specialised state institutions which constitute a state formal response to youth crime, and specialise in taking care of children. This thesis examines the objectives of RCIs’ programmes for children in conflict with the law in Jordan, as they attempt to reduce offending by convicted children, and whether these objectives meet children’s needs, according to the view and experiences of children themselves (12-17 years). This study is based on qualitative methods, using data from individual and focus group interviews with institutional staff, and participant observation and individual interviews with children. Exploring the divergent claims made within childhood and youth crime theoretical perspectives, this thesis develops a nuanced understanding of institutions’ crime-reduction programmes by drawing upon key theoretical concepts from these frameworks: children as ‘socially becoming’ and ‘social beings’. RCIs provide four rehabilitative programmes to help reduce children’s problematic and offending behaviour; namely, a family guidance programme (FGP), a poverty reduction programme (PRP), an educational programme (EP) and a child behaviour modification programme (CBMP). To a large extent, these programmes tended to provide polices of crime prevention which focus on re-socialising children according to the normative and cultural system of behaviour in which children were generally perceived as incompetent social actors, and where their best interest was not always acknowledged. To a large extent, children’s own perspectives and experiences of institutional rehabilitative programmes revealed the institutional failure to treat their familial, economical, educational and behavioural problems. Overall, children thought such failure happened either because the institutional aims were not actually implemented, or because the methods of delivering the institutional programmes per se were ineffective. This finding reflects a contradictory picture between the RCIs’ objectives and their actual practices, reflecting the institutional departure from a set of theoretical ideas regarding the prevention of youth crime. Focus group discussion with key informant staff referred to a variety of obstacles that contribute to their inability to address children’s wider needs within the existing institutional aims. Parental refusal to participate in child abuse and supervisory neglect interventional sessions, short-term intervention for chronically abused children and institutional reliance on talking methods in promoting parental supervision over children’s behaviour were all issues hindering effective institutional intervention within the familial environment. The institutional failure to meet children’s educational and career training needs occurred because these programmes are scheduled at the same time. The seriousness of some children’s crimes and the inability of some families to accompany their children to school were other issues preventing children from attending school. The lack of staff motivation, along with staff’s interrelated roles, prevented child monitoring staff from fully carrying out the intended intervention of modifying children’s negative behaviours. Ultimately, the findings from this study indicate the inconsistency between RCIs’ principles of rehabilitating children in conflict with the law and their actual practices, including the lack of policies in place to meet the institutional objectives. This in turn meant that RCIs do not actually operate to rehabilitate children in order to reduce reoffending, but are largely punitive and operate to criminalise children and separate them from society.

Restorative Juvenile Justice This thesis is dealing with restorative juvenile justice. It aims to summarise and critically discuss this topic. It seeks to classify terms and theory used in order to help its readers with orientation throughout this issue as different terms and theories may often lead to unclarity and confusion. Subsequently it comes to a deeper analysis of selected parts. In particular, it examines international standards, describes thoughts of world-leading experts and eventually compares them and shows them on practical examples. Last but not least, it depicts selected theoretical foundations and draws connection between human life, inherent human nature, and use of restorative justice that is accepted as one of the main arguments for a higher effectivity in comparison to retributive justice. The thesis is divided into three parts. The first part deals with juvenile justice, children's rights and relevant international documents. The second part analyses restorative justice in general, compares different points of view and its types, and places it into a broader criminal justice framework. Furthermore, it looks at restorative justice from a more practical perspective by critically addressing the issue and providing practical examples. The third part focuses on the topic of this...

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

In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child, 1989, the Beijing Rules and the African Charter, relating to the protection of the rights of children were discussed focusing on the rights of children in conflict with the law. The important guidelines regarding the establishment of a minimum age for criminal capacity, detention, legal representation, diversion, sentencing, pre-sentence reports, child justice Courts and the confidentiality of children’s Court hearings were highlighted. The current positions in South African law with regard to these issues were discussed and the proposed provisions in the Child Justice Bill, 49 of 2002 were furnished. The research included all the magistrates in Gauteng that were in service during February 2003 and March 2003. Throughout the project the important role that forensic criminologists can and should play in a juvenile justice system was highlighted. / Criminology / M.A.

Annexure E: Criminal Capacity Check List (pages 61-62) is in English. The Afrikaans or Xhosa version of this document is also available on request / The aim of this explorative and descriptive study was to establish if criminologists could assist in the criminal capacity assessment of children in conflict with the law. A qualitative approach was utilised in order to obtain an in-depth understanding of the current criminal capacity assessment process and the role players involved in the process. Data were collected by means of a semi-structured interview schedule. Individual and focus group interviews were conducted with child justice practitioners. Purposive sampling was employed and data were analysed according to the methods of Rabiee as well as Morse and Field. The findings of this study indicate that the current one-dimensional medico-legal assessment approach is not in the best interest of the child. A shortage of human resources, ineffective assessment tools, inadequate training of role players, and operational problems in the criminal capacity assessment process, are all factors that hamper a successful child-centred approach. A multi-disciplinary approach was found to be the most suitable approach to assess children in conflict with the law. It was concluded that professionals from disciplines such as social work, criminology, probation work, psychology and psychiatry should form part of the multi-disciplinary criminal capacity assessment team. The important role that criminologists can play as part of this team was acknowledged in this study. It was furthermore established that the role and function of criminologists, as well as the study field of criminology, are still unfamiliar to various practitioners in the human sciences professions. Criminologists are also still regarded as crime researchers with limited practical applications in areas of the Criminal Justice System. / Criminology and Security Science / M.A. (Criminology)

The aim of this exploratory study was to investigate the Western Cape Province's non-governmental child diversion programme compliance with the Minimum Programme Outcomes Standards developed by the Department of Social Development for programme accreditation. The Minimum Standards focus on optimal diversion outcomes for children in conflict with the law and were designed to ensure good diversion practice. The juvenile justice system has determined child diversion as a rehabilitative and cost-effective alternative justice option, positively contributing towards the curbing of re-offending among child offenders. The research process was guided by a mixed method approach and utilised a structured questionnaire as well as comments and information stated by the respondents during the interview process. The questionnaire was applied to a representative sample of non-governmental diversion programme facilitators of the various diversion programme types to determine the level of programme compliance and to evaluate the implications that the results might hold for programme participants, service providers, as well as for the accreditation process. The results of the study revealed a high level of Minimum Programme Outcomes Standards compliance, with an average of 83%. These results indicate that, in general, the programmes provided by non-governmental diversion service providers are complying with the Minimum Standards and are thereby ensuring good diversion practice. This should positively influence their eligibility for programme accreditation by the Department of Social Development. At the same time. the results of the study have pointed towards other challenges. which were evaluated and discussed. / Criminology / Criminology and Security Science / M.A. (Criminology)

In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child, 1989, the Beijing Rules and the African Charter, relating to the protection of the rights of children were discussed focusing on the rights of children in conflict with the law. The important guidelines regarding the establishment of a minimum age for criminal capacity, detention, legal representation, diversion, sentencing, pre-sentence reports, child justice Courts and the confidentiality of children’s Court hearings were highlighted. The current positions in South African law with regard to these issues were discussed and the proposed provisions in the Child Justice Bill, 49 of 2002 were furnished. The research included all the magistrates in Gauteng that were in service during February 2003 and March 2003. Throughout the project the important role that forensic criminologists can and should play in a juvenile justice system was highlighted. / Criminology and Security Science / M.A.

The aim of this explorative study is to establish if psychiatric disorders influence the criminal capacity of child offenders. A qualitative approach was adopted in the study to develop an in-depth understanding of the issues pertaining to criminal capacity assessments for child offenders with psychiatric disorders. The risks associated with various psychiatric disorders in relation to childhood criminality, and the methods that are used to deal with child offenders who suffer from psychiatric disorders, were also explored. The data collection tool for this study was a semi-structured interview schedule. Telephonic and face-to-face interviews were conducted with child justice and mental health experts from four provinces in South Africa, namely, KwaZulu-Natal, Gauteng, Eastern Cape and Western Cape. These experts included psychiatrists, psychologists, social workers, academic professors of law, a criminologist and an advocate. Snowball sampling was employed and although this is a pure qualitative study, the open coding, axial coding and selective coding process from the grounded theory was applied to analyse and interpret the data. The findings from this study indicate that psychiatric disorders are a risk factor associated with the causation of criminal behaviour. A high prevalence of psychiatric disorders, such as intellectual disability, learning disorder, attention deficit hyperactivity disorder, oppositional defiant disorder and conduct disorder, were generally found in children in conflict with the law. The influence and consequences of these psychiatric disorders, in conjunction with environmental and societal factors, were found to influence criminal behaviour and were highlighted as factors that ought to be taken into consideration when determining the criminal capacity of a child who is in conflict with the law. Findings from the study identified that adequate recognition was not granted to the influence of a psychiatric disorder in the assessment of a child‟s criminal capacity. It was established that, in the criminal capacity assessment, the emphasis should not be on the psychiatric disorder per se, but on the effect that the disorder and associated symptoms may have on the child‟s ability to distinguish between the wrongfulness of their actions and to act in accordance with this understanding. Operational challenges and ambiguities identified in the legislative framework pertaining to child offenders with psychiatric disorders were found to negatively influence criminal capacity assessments for children in conflict with the law. The lack of services available to child offenders with psychiatric disorders, as well as child offenders without psychiatric disorders, was found to hamper the best interest of the children in conflict with the law. Lastly, legislative and service recommendations for good practice to deal with child offenders with psychiatric disorder were identified by the experts. / Criminology and Security Science / M.A. (Criminology)

Annexure E: Criminal Capacity Check List (pages 61-62) is in English. The Afrikaans or Xhosa version of this document is also available on request / The aim of this explorative and descriptive study was to establish if criminologists could assist in the criminal capacity assessment of children in conflict with the law. A qualitative approach was utilised in order to obtain an in-depth understanding of the current criminal capacity assessment process and the role players involved in the process. Data were collected by means of a semi-structured interview schedule. Individual and focus group interviews were conducted with child justice practitioners. Purposive sampling was employed and data were analysed according to the methods of Rabiee as well as Morse and Field. The findings of this study indicate that the current one-dimensional medico-legal assessment approach is not in the best interest of the child. A shortage of human resources, ineffective assessment tools, inadequate training of role players, and operational problems in the criminal capacity assessment process, are all factors that hamper a successful child-centred approach. A multi-disciplinary approach was found to be the most suitable approach to assess children in conflict with the law. It was concluded that professionals from disciplines such as social work, criminology, probation work, psychology and psychiatry should form part of the multi-disciplinary criminal capacity assessment team. The important role that criminologists can play as part of this team was acknowledged in this study. It was furthermore established that the role and function of criminologists, as well as the study field of criminology, are still unfamiliar to various practitioners in the human sciences professions. Criminologists are also still regarded as crime researchers with limited practical applications in areas of the Criminal Justice System. / Criminology and Security Science / M.A. (Criminology)