Challenges in the Future of Restorative Youth Justice in Ireland: Minimising Intervention, Maximising Participation

Marder, Ian D.; Forde, Louise

doi:10.1177/14732254221122568

Cited by 3 publications

(2 citation statements)

References 68 publications

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“…You may want to receive email alerts for new content by first registering for a personal account on Sage Journals and then adding YJJ (Youth Justice Journal) to your profile. Many articles, including our recent editorial on the Rights of the Child in the Child Justice System (Pleysier and Kilkelly, 2023) and other articles on restorative justice (Marder and Forde, 2023) and on the literacy abilities of young people with language difficulties in the youth justice system (Hopkins and Clegg, 2023), enjoyed click-throughs, via this route in 2023. Those publishing in Youth Justice are encouraged to disseminate their publications via social media tagging @SageJournals.…”

Section: Impactmentioning

confidence: 99%

Editorial

Kilkelly,

Pleysier

2024

Youth Justice

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As with last year (Kilkelly and Pleysier, 2023), this first editorial of 2024 aims to look back at the year just past -2023 -to report to you, our readers and supporters, on trends and performance in the development of Youth Justice -An International Journal. The year 2023 was a very busy year for Youth Justice, with submissions up 43.2% on 2022. In particular, we received 63 new articles in 2023, and a total of 91 submissions were received, when revised articles are taken into account. As editors, we took a decision on 51 of those articles, with an acceptance rate of 39%, an increase from a 30% acceptance rate in 2022. In 2023, we published three issues, in Volume 23, comprising a total of 388 pages, up from 360 in 2022. This allowed us to publish 14 articles in 2023, a target we are keen to expand in 2024. Eleven articles were published in Open Access in 2023, as part of an institutional package, an increase from five in 2022.

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Section: Impactmentioning

confidence: 99%

Editorial

Kilkelly,

Pleysier

2024

Youth Justice

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“…In the last issue, for instance, articles on child justice reform in Vietnam (Dao and Dandurand, 2023) and on drug interventions across several jurisdictions (Duke et al, 2023) engaged with the CRC proved this point. Likewise, articles in this issue – on restorative justice (Marder and Forde, 2023) and sentencing (Duke et al, 2023) – benefit from a richer analysis through engaging with children’s rights standards. Our new International News section – to be launched in our next issue – will be important in this respect, and as editors, we look forward to seeing enhanced use of international children’s rights standards in submissions to the journal more generally.…”

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confidence: 99%

Rights of the Child in the Child Justice System

Kilkelly¹,

Pleysier²

2023

Youth Justice

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It is now several decades since the United Nations and other international bodies began to develop standards in relation to the protection of children's rights in the child justice system. The adoption of the Beijing Rules (the UN Standard Minimum Rules for the Administration of Juvenile Justice) by the United Nations in 1985 represented an early milestone in the establishment of a progressive rights-based approach to children in conflict with the law. In 1989, the rights-based approach to youth justice became enshrined as binding international law with the adoption of the United Nations Convention on the Rights of the Child (CRC). Article 1 of the CRC makes clear that all children under 18 years are entitled to protection of their rights and under Article 3, the child's best interests must be a primary consideration in all actions concerning the child whether taken by private or public bodies or welfare institutions. Together with the CRC's other general principles -Article 2 which prohibits discrimination in the enjoyment of Convention rights, Article 6 which provides for the child's right to development, and Article 12 which requires states to assure to children the right to a say in matters that affect them -the Convention establishes that children are entitled to decision-making that is child-centred, non-discriminatory and informed both by children's development and their views. In its first General Comment on the matter, the Committee on the Rights of the Child (the Committee), the body that monitors implementation of the CRC, made clear that states parties are required to apply these general principles systematically in the administration of child justice (Committee on the Rights of the Child, 2007, para. 5). In addition to these general children's rights principles, Articles 37 and 40 of the CRC set out a number of more specific provisions relevant to children in conflict with the law. Most importantly, Article 40(1) provides that states parties to the Convention recognise the right of every child: alleged or, accused of or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

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