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Convention on the Rights of the Child

Convention on the Rights of the Child. Justice Renate Winter. Convention on the Rights of the Child. Art. 40 Promotion of diversion

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Convention on the Rights of the Child

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  1. Convention on the Rights of the Child Justice Renate Winter

  2. Convention on the Rights of the Child Art. 40 Promotion of diversion States Parties seek to promote whenever appropriate and desirable measures for dealing with children without resorting to judicial proceedings providing that human rights and legal safeguards are fully respected

  3. Alternative measures Resolve Conflicts Establish Peace Question the exclusive rights of the state for punishment Are embedded in the traditions of the state Before trial: Instead of procedure Diversion During trial: Instead of condemnation After trial: Instead of sanction

  4. Develop a variety of dispositions such as: Care Guidance Supervision orders Counseling Probation Foster Care Education Vocational training programmes Alternatives to institutional care

  5. OffencePolice Prosecutor Closure of the fileDecision for Demand for a without reaction mediation penalty Judge Court session Mediation Victim Offender Compensation -Emotional level -Material level Written contract / report to the mandator (Prosecutor / judge) Mediation succeded Mediation not succeded → File closed → Continuing court session

  6. Alternatives To procedure To sentencing To punishment To enforcement How to realise this goalSpecial legislation providing for… Network of institutions Non-institutional • NGOs • Social services Institutional • open facilities • halfway houses • Correctional centres • detention centres • special clinics (drugs) • Training • Police • Judiciary • Lawyers • Social workers • prison staff • media • Civil society • Separated • Together • Regular meetings

  7. Retributive Violation of law Culpability Punishment Orientation: past Punishment to add wrong to wrong Perpetrator is denounced Justice divides Needs of victim neglected Trial separates parties Wrong caused by perpetrator balanced by wrong for him State has monopoly to deal with wrongdoing Restorative Of persons / relations Responsibility Reparation Future For restitution for wrong Wrong is denounced Perpetrator is denounced Justice unites Needs are central Reconciles parties Balanced by positive act (ion) Role perpetrator, victim, community recognised Justice

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