The human rights of children in court cases : the right to liberty and adequate treatment for young offenders in relation to the minimum age of criminal responsibility

Abstract

This research study aims to analyze the importance of the right to liberty and the right to adequate treatment for young offenders. It also aims to look at the practice of these fundamental rights both on a National and International basis. Whilst analyzing these two rights the concept of the Minimum Age of Criminal Responsibility (MACR) is widely discussed since it is seen as a determinant of the child’s future. Three in-depth interviews were conducted with child advocates who discussed the work being done to protect young offenders from maltreatment and incarceration, and the improvements needed in order to create a child-friendly justice system. Thematic analysis was used in order to produce coherent results. Overall results show that despite the continuous efforts made by International Organisations, a lot more can be still done. State Parties should be more dedicated to the juvenile justice sector since children in conflict with the law need continuous support and treatment. With the creation of professional services, States can help young offenders through their process of reintegration whilst preserving their social selves.