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Abstract
This book presents an original synthesis of the leading international research on children in conflict with the law, providing an evidence base for a rights-based justice system. Informed by international children's rights standards, this book presents relevant research findings in a clear, succinct and accessible manner, identifying the key evidence underpinning three rights-based themes of Prevention, Diversion and Justice, and Reintegration. This book is the first analysis to map leading inter-disciplinary research against the international children's rights framework in relation to children and the justice system. In this way, it provides a unique evidence base for the implementation of children's rights in youth justice and will support all those seeking to study, advocate or implement progressive approaches to children in conflict with the law. Ursula Kilkelly is Professor of Law in the School of Law at University College Cork, Ireland. She has researched and published extensively on international children's rights, including children in conflict with the law. Ursula is co-editor of Youth Justice, the leading journal in the field, and in 2022/2023, holds the Rotating Chair in the Enforcement of Children's Rights in Leiden University, the Netherlands. Louise Forde is Lecturer at Brunel Law School, Brunel University London, UK. She researches and writes on youth justice and children's rights and has a particular interest in translating international children's rights law into practice and children's participation. Sharon Lambert is Lecturer in the School of Applied Psychology at University College Cork, Ireland. She has significant experience of working in community-based settings with socially excluded groups. Her area of expertise is trauma Informed service design. Katharina Swirak is Lecturer in the Department of Sociology and Criminology at University College Cork, Ireland. Her research interests include amongst others young people and social harm, the intersections of criminal justice and social policy and social reintegration after prison. .
Intro -- Acknowledgements -- Contents -- 1 Introduction -- Bibliography -- 2 Children in Conflict with the Law: The Rights-Based Framework -- Introduction -- The General Principles of Children's Rights -- Non-discrimination -- The Best Interests of the Child -- The Right to Life, Survival and Development -- The Right to Be Heard -- Children's Rights Applied to Children in Conflict with the Law -- The Importance of Parents and Family Care -- Special Protection for the Rights of Children with Disabilities -- Prevention, Reintegration and the Right to Education -- Health Rights and Children in Conflict with the Law -- Protection from Harm -- The Rights of Children in Conflict with the Law -- Youth Justice Processes and Children's Rights -- Specialisation and Community-Based Services -- Fulfilling Children's Rights Through Opportunities for Diversion -- Age Limits and Children in Conflict with the Law -- Implementation of Children's Rights in the Justice System -- The Rights-Based Framework -- Conclusion -- Bibliography -- 3 Prevention -- Introduction -- Child Development and Offending Behaviour -- Understanding Child Development and Behaviour -- Child Development and Offending Trajectories -- The Multi-faceted Nature of Young People's Involvement in Offending -- Non-discrimination and Disproportionate Contact -- Race and Ethnicity -- Gender -- Children with Care Experience -- Children with Disabilities -- Marginalisation of Children and the Right to Be Heard -- The Role of Health and Access to Healthcare -- Mental Health -- Substance Use -- Educational Engagement and the School Environment -- Protection from Harm -- Adverse Childhood Experiences and Childhood Trauma -- Victimisation and Exploitation -- Gangs and Criminal Exploitation -- Access to an Adequate Standard of Living -- The Importance of Communities -- Poverty and Homelessness.
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