ABSTRACT

International human rights law provides strong and clear protection to children in conflict with the law. This chapter examines what human rights law contributes to our understanding of the rights of child defendants in the criminal justice system. It explores how rights for child defendants in the criminal process are interpreted and protected in various contexts, and to consider how these rights are implemented through the criminal procedure in place for child defendants in a number of jurisdictions. International law on children’s rights provides a wealth of standards and guidance in the area of youth justice. The differing capacities and vulnerabilities of children as compared to adults have made it necessary to consider how particular elements of the criminal process need to be adapted when children are accused of a crime, and this has been a particular issue in respect of the trial process.