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Therapeutic Jurisprudence, juvenile justice and the UN Convention on the Rights of the Child : do they coexist?

Casey, Sharon 2009, Therapeutic Jurisprudence, juvenile justice and the UN Convention on the Rights of the Child : do they coexist?, in Abstracts of the XXXIst international congress on Law and Mental Health, International Academy of Law and Mental Health, Montreal, Quebec, pp. 71-72.

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Title Therapeutic Jurisprudence, juvenile justice and the UN Convention on the Rights of the Child : do they coexist?
Author(s) Casey, Sharon
Conference name International Congress on Law and Mental Health (31st : 2009 : New York, N.Y.)
Conference location New York, N.Y.
Conference dates 28 Jun. - 4 Jul. 2009
Title of proceedings Abstracts of the XXXIst international congress on Law and Mental Health
Publication date 2009
Start page 71
End page 72
Publisher International Academy of Law and Mental Health
Place of publication Montreal, Quebec
Summary The UN Convention on the Rights of the Child provides children and young people with over 40 substantive rights, the five outcomes of which are living a healthy lifestyle, staying safe, enjoying and achieving, making a positive contribution, and economic wellbeing. Moreover, Article 3 dictates that all organizations concerned with children should work towards what is best of each child. It is not clear how these rights translate to the care of children and young people who come before the courts (particularly those who are subsequently incarcerated). A review of the literature suggests that while best practice guidelines for the treatment and rehabilitation of adult offenders has moved forward, there is little consensus about how this might be achieved for young people. Therapeutic Jurisprudence (TJ) needs to extend beyond its current considerations of the rights of children and young people, and to expand its focus to the extent to which international human rights standards are complied with in the cases of juveniles in the criminal justice system. This presentation will (a) explore the extent to which current practices in juvenile justice are consistent with the UN's Convention and (b) whether the adoption a rehabilitative and treatment approach based on a TJ framework might serve to improve outcomes for young people and ensure their rights are not being violated.
Language eng
Field of Research 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category E3.1 Extract of paper
Persistent URL http://hdl.handle.net/10536/DRO/DU:30032173

Document type: Conference Paper
Collection: School of Psychology
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