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Challenging Notions of Children’s “Participation” in the Youth Justice System

Anthony Charles Orcid Logo, Kathy Hampson, Stephen Case, Aaron Brown

The International Journal of Children’s Rights, Volume: 32, Issue: 1, Pages: 9 - 44

Swansea University Authors: Anthony Charles Orcid Logo, Aaron Brown

Abstract

A child’s right to participate in decision making is seminally proclaimed in Article 12, UNCRC. Yet, it is often the case that the rhetoric associated with children’s ‘participation rights’ does not reflect practice. Especially in the case of the youth justice system, significant challenges exist co...

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Published in: The International Journal of Children’s Rights
ISSN: 0927-5568 1571-8182
Published: Brill 2024
Online Access: Check full text

URI: https://cronfa.swan.ac.uk/Record/cronfa65097
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Abstract: A child’s right to participate in decision making is seminally proclaimed in Article 12, UNCRC. Yet, it is often the case that the rhetoric associated with children’s ‘participation rights’ does not reflect practice. Especially in the case of the youth justice system, significant challenges exist concerning both notions of the right to participate and how it translates into and influences what should be appropriate interventions for young people. This article draws upon three studies which critically examined the concept of participation and children’s decision making in pre-court and custody and resettlement settings. Listening to what young people said through these studies, reflections are offered concerning prevailing understandings and the operationalisation of ‘participation’ within existing youth justice approaches. Additionally, consideration is afforded to barriers to effective participation in youth justice and the transformative potential that the right to participate in decision making offers those who come into conflict with the law.
Keywords: Youth Justice, Participation, Youth Voice, Children’s Rights, Article 12
College: Faculty of Humanities and Social Sciences
Issue: 1
Start Page: 9
End Page: 44