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AbstractEnsuring safeguards are in place from the earliest stages of criminal investigation is essential to ensure that children's rights in the youth justice system are adequately protected. The rights of children in conflict with the law are protected under the UN Convention on the Rights of the Child (UNCRC), and in situations where these rights are breached, children must have access to an effective remedy. National courts have a role to play in ensuring that children's rights are protected and in providing necessary remedies. This article explores the role the courts have played in upholding children's rights in the police questioning process in Ireland and in New Zealand.

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. .

"This book explores the principles, practice and challenges in determining justice system responses to serious offending by children globally. Divided into four parts, the book provides a balance of theoretical and empirical insights. Anchored in a theoretical framework based on the human rights of children, as set out in the UN Convention on the Rights of the Child, it considers the relationship between scientific evidence (such as brain development) and the human rights framework, before going to explore the diversity of responses to children who are found responsible for serious offences. It brings together experts from various disciplines to fill a gap relating to serious offending by children in the literature. Scholars from Africa, Latin America and Asia, as well as Europe, North America and Oceania provide perspectives from legally, socially and culturally distinct jurisdictions. The first part focuses on the theoretical framework and explores the applicable standards and principles, including the relevant human rights framework and penological approaches to sentencing children for serious crimes. The second part analyses available empirical evidence, including evidence relating to the profiles of children who commit serious crimes, child and adolescent development, effective sentencing approaches and evidence of disparities in responses to serious offending by children. The third part provides a discussion of justice system responses to serious offending by children in a range of jurisdictions or regions with diverse and distinct legal, social and cultural contexts. Finally, the book uses the theoretical framework, empirical evidence, and case studies of jurisdictions to reflect on how principles relating to responses to serious offending by children can be translated into practice, and to highlight key debates and issues that will need to be explored into the future. Adding much-needed international perspectives to the scholarship addressing the issue, this book will be of great interest to academics, students, legal practitioners and social work professionals working on youth justice and children's rights across the globe"--

"This book explores the principles, practice and challenges in determining justice system responses to serious offending by children globally. Divided into four parts, the book provides a balance of theoretical and empirical insights. Anchored in a theoretical framework based on the human rights of children, as set out in the UN Convention on the Rights of the Child, it considers the relationship between scientific evidence (such as brain development) and the human rights framework, before going to explore the diversity of responses to children who are found responsible for serious offences. It brings together experts from various disciplines to fill a gap relating to serious offending by children in the literature. Scholars from Africa, Latin America and Asia, as well as Europe, North America and Oceania provide perspectives from legally, socially and culturally distinct jurisdictions. The first part focuses on the theoretical framework and explores the applicable standards and principles, including the relevant human rights framework and penological approaches to sentencing children for serious crimes. The second part analyses available empirical evidence, including evidence relating to the profiles of children who commit serious crimes, child and adolescent development, effective sentencing approaches and evidence of disparities in responses to serious offending by children. The third part provides a discussion of justice system responses to serious offending by children in a range of jurisdictions or regions with diverse and distinct legal, social and cultural contexts. Finally, the book uses the theoretical framework, empirical evidence, and case studies of jurisdictions to reflect on how principles relating to responses to serious offending by children can be translated into practice, and to highlight key debates and issues that will need to be explored into the future. Adding much-needed international perspectives to the scholarship addressing the issue, this book will be of great interest to academics, students, legal practitioners and social work professionals working on youth justice and children's rights across the globe"--