Childcare Level 3 Unit 2 Study Guide

1. That every child has the right to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.

The UN Convention on the Rights of the Child is there for the rights of children should allow children priority

of delinquency must be made beyond a reasonable doubt. It also found that certain factors must be considered when making a decision to waive a juvenile to the adult court. These factors include the seriousness of the crimes and the maturity of the juvenile (Reddington & Bonham, 2012). Both of these cases create guidelines for the waiver and also restricts the waiver at the same time.

During In re Winship (1970), it was determined that juveniles, just like adults, are entitled to “beyond a reasonable doubt” during the adjudication process. It was also decided that “preponderance of evidence” was not enough to gain a conviction when it came to juveniles being charged with criminal offenses an adult could commit. Both In re Winship (1970) and In re Gault (1967) were designed to

Children are given rights through the Convention of the Rights of the Child. In these rights, are rights that only children have. There are over 42 rights assigned to children alone. Among these rights are topics such as survival and development, drug use, free expression, the child’s best interest, and violence. This essay discusses two books, which examine these rights and the ways they are influenced.

This can be done by attacking the reputation of the witness or by testimony in the form of an opinion about the truthfulness of the witness’s character. Further, Rule 609 allows in some cases, evidence of a criminal conviction of the witness to be used to attack their character of truthfulness. For example, evidence that the witness was convicted of a crime punishable by death or imprisonment for more than year, can be used to attack the witness’s creditability. Additionally, evidence of crimen falsi, or a crime that the court can readily determine that the element of that crime were proving a dishonest act or false statement by the witness can be admitted to attack he witnesses. The goal of this is to have the fairest trial by disallowing witnesses who have a propensity to lie and would therefore undermine the trial

Although these individuals may have committed a severe mistake, placing them with adults would seriously risk the safety of the child, and as presented above, does not prevent them from reoffending. The Convention on the Rights of the Child was created to ensure the rights of children were protected by law by considering their best interests, ensuring they develop in a healthy manner and guaranteeing that they would not be discriminated against, no matter what the circumstance may be (UNICEF, n.d.). These young individuals may not fully understand their rights and it is important that there are laws created to defend those who may not be fully capable of defending themselves. Both the Convention on the Rights of the Child as well as the Charter of Rights and Freedoms aim to protect those who may be particularly vulnerable, prevent any form of discrimination and ensure their rights are protected.

Third policy would be no recording of audio or video done while questioning the juvenile unless the attorney that is representing is presented.

To achieve their findings, the authors used a method of 2 (child report: assent vs denial) X 2 (event type: true vs false). Based on the testimonies made by the children, can adults accurately determine the validity of the child’s account of the event. In cases of sexual abuse, children’s testimony can often be hard to prove because the lack of physical evidence. In cases of domestic violence or custody battles, can often be swayed by children’s reports.

Out-of-court statements made by a victim of sexual assault and also has a disability, should be used as in court and have the same relaxed hearsay rules as children (Gardner & Anderson, 2016). Disabled victims may not have a full grasp of what occurred or have a faulty memory, so I think it’s important for those individuals to give statements right away (Gardner & Anderson, 2016). The victims could also lack an efficient vocabulary and have little knowledge like a child victim (Gardner & Anderson, 2016). I think there should be exceptions in child abuse cases because they are young, and the statements made soon after the crime are probably the most reliable because if too much time passes after the crime the child could forget what exactly happened or change their statements (Gardner & Anderson, 2016). I don’t think children have motives or intentions to lie like an adult would therefore children should be treated differently (Gardner & Anderson, 2016). The only bad part about exceptions to the hearsay rule for children is they could be afraid to talk about what happened or make faulty statements to protect the offender, which shouldn’t be admissible as evidence because the defendant may be set

Brighouse (2003) presented the difference between consultative versus authoritative voices in reference to how children's views should be accepted in decisions over their welfare. Due to their dependency on authority figures, vulnerability, and the capability to become independent, views held by children should only be taken into account to be heard but not as the deciding factor of their well-being (Brighouse, 2003). However, the UN Convention of Rights of a Child allows for leniency of a child's authority over decisions that impact their well-being. It is worded so that a child who can properly communicate their views will, at minimum, be considered in the decision making process. Although, if all requirements are met by the child to provide a logical argument, precisely communicate their views, and fully comprehend the impacts of their choices then it can be deduced that little difference exists between a child deciding their fate versus an adult. If society values the rights of all citizens including children and believes that those who comprehend events stemming from their decisions should choose, then they should be allowed to carry out those decisions regardless of

I think all four statements equally describe the nature of the rights of child in care under section 70. These serve as guiding principles that directs the safety and well-being of children

Child abuse is a multi-dimensional issue which requires the greatest amount of attention by the law of the land. The very fact that every child is the promise of today for the development of a country emphasizes the need for framing and implementing strict laws to protect the life and dignity of every child. In order to understand the legal prospects of child abuse, there must be clear definitions to the status of an individual as a child. This concept is instrumental in guaranteeing the constitutional rights and

The Convention on the Rights of the Child, which is based on the legal systems and cultural traditions variety constitute a set of standards and obligations universally agreed and not subject to negotiation. And clarify these standards - also called human rights - set minimum entitlements and freedoms that governments must respect, and one based on respect for the dignity of the individual and the same, without any kind of discrimination, such as race, color, sex, language, religion, opinion, origin national or social origin, property, birth or capacity, so all of these standards apply to people everywhere. It obliges these rights governments and individuals alike not to violate the same freedoms of others, a unit of one indivisible, and linked together closely so that it is impossible to give priority to one of the rights to other rights account.

II. Promotion and Protection of the Rights of Children and Youth, Ageing, Disabled Persons, and the Family