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Comparison with Related International Human Rights Provisions

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Chapter Summary

As with other articles of the Convention, many of the provisions enshrined in Article 40 are de novo. These include minimum age, the emphasis on diversions, and promotion of the child's sense of dignity and worth as a fundamental principle of the child criminal justice system. Everything hinges on the definitions of juvenile and child and the relationship between them. The Convention on the Rights of the Child (CRC) Committee has taken the approach that the duties on States Parties enshrined in Article 40 apply to all children up to majority, regardless of whether the national criminal law treats them as if they were adult. All the States Parties to the regional human rights children's rights treaties are party to the CRC. Although the CRC is a major progressive step towards a child-centred criminal justice system, the International Covenant on Civil and Political Rights (CCPR) does provide safeguards for children.

Keywords: CCPR; child criminal justice system; CRC committee; international human rights provisions; national criminal law



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