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Children's Rights Awareness, Rights-Informed Practices and Child-Friendly Justice in a Secure Custody Facility in CanadaGilliss, Sarah 17 May 2023 (has links)
Although Canada has observed a drastic decrease in the use of secure custody for justice-involved children since the introduction of the Youth Criminal Justice Act (2002), thousands of children are still imprisoned each year. Children in these carceral spaces tend to be the unwanted children of children's rights movements, and, as such, their rights-related experiences are often left unexamined (Abramson, 2006). To this end, by drawing on interview-based accounts and an examination of related policies and training curriculum, this thesis focuses on children's rights awareness, rights-informed practices and child-friendly justice in one provincial secure custody facility in Canada by centring the experiences of eight imprisoned children within a broader context provided by seven facility staff and two members of the provincial Office of the Child and Youth Advocate. Further, conceptualizing the secure custody facility as a porous institution (Ellis, 2021) illuminates the carceral space's dissonance between acknowledging the unique status of children (Hollingsworth, 2008) and working within a system designed for the adult prisoner. The findings indicate that imprisoned children are not made aware of the rights granted to them in the UN Convention on the Rights of the Child (1989) upon admission to secure custody, nor do children's rights inform decision-making at this facility. However, promisingly, the findings do demonstrate the potential to move towards a child-friendly justice space predicated upon children's rights. Building upon this potentiality, this thesis contributes to the theoretical understanding of children's rights awareness in carceral spaces while also identifying a path toward the integration of children's rights aspects and practices.
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Restorativní justice v trestním právu mládeže / Restorative juvenile justice in criminal lawŠmídová, Diana January 2017 (has links)
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...
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