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Ccorc Rights

Decent Essays

Convention on the Rights of the Child, or CROC, is a legal mechanism that essentially protects the rights covering civil, cultural, economic, political and social of young people (those under the age of 18, based on The Children and Young Persons (Care and Protection Act) 1998 (NSW)). CROC was put in place so that legal systems would stop trialing and sentencing children as adults, as it was deemed unfair because of the lack of maturity and development in children compared to that of an adult. Some of the many rights identified in CROC for young people are, the right to know about your nationality, name and family, the right to freedom of expression of information if not lawfully, the right to be protected from neglect and abuse, the right …show more content…

Doli Incapax assists in the effectiveness of CROC, as it sets out the age of criminal responsibility, which acts as a guideline for the purposes of CROC, and who different countries classify as "children". The age depends on when the particular country believes that a child is capable of forming the intent to commit a crime, and should take full responsibility for their actions. However, the range of ages is fairly wide, and some would disagree on others, as children's brains are not fully developed and they don’t know right from wrong, or in the other case, that a teenager does now know wrong from right and can form the intent to commit an offense. The age of criminal responsibility ranges around the world from as young as 7 in Kuwait, to 18 in Argentina, with Australia being 10. Those child offenders under the age of criminal responsibility will be dealt with through warnings, cautions and Youth Justice Centers, rather than being trialed as an adult and being sent to prison. Although most of the time effective, Doli Incapax can be problematic, in the way that it is often difficult to determine whether a child offender knew that the act that they committed was wrong and whether they state this during a police interview or in court. In this case, the prosecution …show more content…

As part of Australia's commitment to CROC, they must report to the UN every 5 years about the state of children's rights, and the UN is able to monitor Australia's commitment to protecting and promoting children's rights. After ratifying, Australia was required to do things such as, view all existing laws to ensure that they complied to the policies and the rights in under CROC, and make changes to those that weren't, develop systems to review and monitor new laws to make sure that they complied with CROC and incorporate the rights into Australian Commonwealth State, and Territory law. CROC and its articles are enforced throughout Australia, however some of these policies, they have not complied with. The Young Offenders Act 1997 (NSW) has the aim of providing measures for young offenders instead of trials at court, and only applies to summary and indictable offences that can be dealt with summarily. Under the act, young offenders have the righ to proceed through a three-step system consisting of a warning for a minor offence, then a caution if the offence is more serious, and then Youth Justice Conferences, where young people can goinstead of through the court system for serious crimes in a form of

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