What is Left in the “Too Hard Basket”? Developments and Challenges for the Rights of Children in Conflict with the Law

Lynch, Nessa; Liefaard, T.

doi:10.1163/15718182-02801007

Cited by 23 publications

(12 citation statements)

References 55 publications

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“…This article scaffolds on previous work (Lynch, 2018a). It extends the comparative analysis of penal responses to children who commit murder, and further elucidates what a children's rights-compliant response to serious offending by children should involve (Lynch 2018b(Lynch , 2018cLynch and Liefaard, 2020).…”

Section: Introductionmentioning

confidence: 79%

Beyond the Life Sentence – A Children’s Rights Lens on Sentencing for Murder

Brink

Lynch

2021

Int. J. Child. Rights

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Children around the world who have been found responsible for murder continue to be sentenced to indeterminate or long periods of detention. This is in contravention of children’s rights standards which urge a ban on the life sentence and require that detention is used only for the shortest appropriate period of time. Nonetheless, the public and victims of crime have a legitimate interest in the protection of public safety and appropriate accountability for serious offending. Further, there is little guidance on what a rights compliant approach in such cases might involve. This work builds on previous studies of how children are sentenced for murder across the common law world and extends the analysis to a selection of European civil law jurisdictions. It explores and applies recent updated guidance from the Committee on the Rights of the Child and seeks to develop a framework for a children’s rights and human rights compliant approach to such cases.

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Section: Introductionmentioning

confidence: 79%

Beyond the Life Sentence – A Children’s Rights Lens on Sentencing for Murder

Brink

Lynch

2021

Int. J. Child. Rights

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“…According to the United Nations Children's Rights Convention ( 1989), all people under the age of 18 are considered children, and their protection from abuse, risk, and deprivation is a fundamental right. However, this is infringed by parents who are sharenting (Lynch, & Liefaard, 2020). Article 12 claims that States shall assure that children have the right to express their views freely in all matters affecting them, the views of the child being given due weight according to the age and maturity of the child.…”

Section: Discussionmentioning

confidence: 99%

Parents' shares on Instagram in the early days of the COVID-19 pandemic

Yılmaztürk

ÖZGÜL

et al. 2022

Turkish Journal of Education

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Many people had to stay at home with their families during the pandemic because of social distancing guidelines and lockdowns. This study aims to explore the content of 'sharenting' of parents during the early COVID-19 pandemic and quarantine periods in Turkey. In total, 401 posts were collected from public Instagram accounts of parents who shared their own children's photos or videos between 18th-30th April 2020, via the most commonly used hashtags of #korona (#corona) and #evdekal (#stayhome). Descriptive content analysis was conducted within identified categories. Results revealed that the popular hashtag #stayathome is particularly important for its optimistic representation of the lockdown process in society. Content analysis results show that with the inclusion of social media shares, family members spent more time together, which can be seen as one of the positive consequences of this period. In the results of continued sharenting during the early pandemic, children's faces were mainly kept visible, which might concern children's privacy. Additionally, mothers shared more during this period. Consequently, education to increase awareness of such concepts gains importance, especially for the well-being and privacy of children and any future implications.

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“…The broader preference for informal responses where possible—including in relation to some serious offenses—places Ireland in a comparatively progressive position and is also in line with key priorities set out in the UNCRC. In addition to a strong legislative basis for diversionary approaches, the commitment and activism of policymakers and local practitioners have been influential in efforts to develop the capacity of the Programme in relation to children who commit more serious offenses and to young adults, which are both issues of global concern (Lynch & Liefaard, 2020). However, there are also areas where Ireland is falling short of the international requirements, highlighting the limits of the current legislative provision.…”

Section: Toward a Child Rights-based Approach In Irish Youth Justice?mentioning

confidence: 99%

The Development of the Irish Youth Justice System: Toward a Children’s Rights Model of Youth Justice?

Forde

Swirak

2022

Journal of Contemporary Criminal Justice

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The introduction of the Children Act 2001 signaled the beginning of a new era for Irish youth justice although arguably represented a “late start” for Ireland in modernizing her youth justice system. Twenty years after the Act came into force, the recently published Youth Justice Strategy 2021-2027 commits to developing a youth justice system underpinned by international children’s rights principles. In setting out this vision, Ireland joins a number of other countries that are making efforts to develop their youth justice systems based on international children’s rights principles. This article considers the extent to which Ireland can be said to have moved toward becoming a children’s rights-respecting youth justice system, with reference to three specific areas—diversion, serious crime, and detention. As a country with a hybrid welfare/justice approach to youth justice, and an incremental approach to the incorporation of its international obligations under the UNCRC, Ireland’s path toward developing more rights-compliant approaches to youth justice—and the opportunities and barriers it has encountered—can contribute to global debates for other countries on a similar trajectory.

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What is Left in the “Too Hard Basket”? Developments and Challenges for the Rights of Children in Conflict with the Law

Cited by 23 publications

References 55 publications

Beyond the Life Sentence – A Children’s Rights Lens on Sentencing for Murder

Beyond the Life Sentence – A Children’s Rights Lens on Sentencing for Murder

Parents' shares on Instagram in the early days of the COVID-19 pandemic

The Development of the Irish Youth Justice System: Toward a Children’s Rights Model of Youth Justice?

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