Differential Proceedings for Children and Adolescents,A Look at International Instruments on the Rights of the Child

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Naaderi Saaeid

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Journal Paper

Paper Information

Journal: THE JOURNAL OF COMPARATIVE CRIMINAL JURISPRUDENCE Year:2021 | Volume:1 | Issue:1 Page(s): 49-66

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Information Journal Paper

Title

Differential Proceedings for Children and Adolescents,A Look at International Instruments on the Rights of the Child

Author(s)

Naaderi Saaeid

Keywords

Differential Proceedings

Children and Adolescents

Child Rights

Human Rights

Abstract

The United Nations has adopted four important instruments on the rights of the child, of which the Convention on the Rights of the Child is the only binding instrument. These documents include various rights for Children and Adolescents, including discriminatory proceedings. It can be said that discriminatory proceedings are also one of the privileged rights of Children and Adolescents who oppose the law. Because the child or adolescent who opposes the law, is the victim of unfavorable living conditions and social environment. Hence, they need the differential support of the legislature. Highlights of the Differential Trial Based on International Child Rights Documents, in the Preliminary Investigation Stage, including the Juvenile Police and the Juvenile Court, and in the Proceedings, including the Juvenile Court, the Juvenile Judge and the Special Adviser Turns. This article shows that Iranian criminal justice system has taken firm steps to comply with international instruments on the rights of the child, both binding and non-binding, to achieve a discriminatory trial for Children and Adolescents. Therefore, it can be argued that the differential discourse of the Iranian criminal justice system promises the globalization of the rights of Children and Adolescents. Of course, while praising the legislature's discriminatory approach, some objections to this view should not be overlooked, such as the lack of a juvenile police force, the presence of a counsel in court, and the lack of free access to lawyers. It is hoped that by correcting the existing flaws, the mission of the differential criminal justice system, reforming and rehabilitating Children and Adolescents in conflict with the law, will be adequately met.

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APA: Copy

Naaderi, Saaeid. (2021). Differential Proceedings for Children and Adolescents,A Look at International Instruments on the Rights of the Child. THE JOURNAL OF COMPARATIVE CRIMINAL JURISPRUDENCE, 1(1 ), 49-66. SID. https://sid.ir/paper/1035468/en

Vancouver: Copy

Naaderi Saaeid. Differential Proceedings for Children and Adolescents,A Look at International Instruments on the Rights of the Child. THE JOURNAL OF COMPARATIVE CRIMINAL JURISPRUDENCE[Internet]. 2021;1(1 ):49-66. Available from: https://sid.ir/paper/1035468/en

IEEE: Copy

Saaeid Naaderi, “Differential Proceedings for Children and Adolescents,A Look at International Instruments on the Rights of the Child,” THE JOURNAL OF COMPARATIVE CRIMINAL JURISPRUDENCE, vol. 1, no. 1 , pp. 49–66, 2021, [Online]. Available: https://sid.ir/paper/1035468/en

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