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The Scope of Article 40

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Chapter Summary

This chapter talks about the Article 40 of Child Criminal Justice, and also describes nature and scope of State obligations deriving from that article. International law incorporates a number of basic principles upon which a child criminal justice system should be based. The first purpose is the encouragement of the well-being of children. The CRC places a duty on States Parties to maintain a balance between the informality of proceedings and the protection of the fundamental rights of the child. The Beijing Rules prohibition of 'harm' is broader than the customary prohibition of torture, cruel, inhuman and degrading treatment and punishment. Article 40(4) places a duty on States Parties to make available a wide variety of dispositions as alternatives to institutional care.

Keywords: child criminal justice; CRC; international law



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