Questioning the Punishment of Young Offenders

DATE

May 1, 2005

AUTHORS

International Center for Criminal Law Reform and Criminal Justice Policy

YEARS

2005

POLICIES

Access to Justice/ Justice Efficency

Questioning the Punishment of Young Offenders

By May 1996, 187 countries had managed to ratify the Convention on the Rights of the Child without specifying what types of conduct were of the “cruel, inhuman or degrading” variety nominally prohibited by Article 37(a). Whether the category is wider for youths or adults also remains unresolved. Adults may be more able to bear physical pain or isolation, while youths already accustomed to correction and subordination may recover more quickly. Furthermore, does the prohibition of certain punishments necessarily imply the existence of usual and humane forms which are beyond reproach? Questions about such issues still clearly need to be answered. This paper discusses the nuances and euphemisms for punishment within the Young Offenders Act.

DOCUMENTS (1)

International Center for Criminal Law Reform and Criminal Justice Policy

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