Children in conflict with the law: Rights, research and progressive youth justice By U. Kilkelly, L. Forde, S. Lambert, K. Swirak, London: Palgrave Macmillan. 2023. pp. 185. £34.99 (hbk). ISBN: 9783031366512; £27.99 (ebk). ISBN: 9783031366529

Q2 Social Sciences Howard Journal of Crime and Justice Pub Date : 2024-07-27 DOI:10.1111/hojo.12571
Anne-Marie Day
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The authors acknowledge that the international standards offer a wealth of detail to ‘respect, protect and fulfil the rights of children in conflict with the law’ (p.1), while at the same time a wealth of knowledge has been developed from research about this group of children, and their pathways into, through, and out of, justice systems. However, an important gap is identified which is the study of how these two bodies of knowledge overlap and relate to one another. This book seeks to begin to plug this gap by ‘bring[ing] together the best research on children in conflict with the law, mapping it against international children's rights standards’ (p.1).</p><p>I found the book to be extremely helpful in, first, highlighting how research advances the case for youth justice systems and reform to be firmly rooted in the international rights frameworks. However, I found that the book also sought to make the case that youth justice researchers should be seeking to ground and position their own research within the children's rights framework much more widely than is currently the case. I found, as a youth justice researcher, the argument to be incredibly persuasive and will use the book as a reference tool when both designing future research and also teaching my students.</p><p>Once the context and aims of the book are established, Chapter 2 then very helpfully and succinctly summarises the numerous standards and instruments related to children in the justice system, and outlines key features of a rights-based framework. I found this chapter to be extremely useful as the rights-based literature and landscape can often be complex and difficult to navigate. It first runs through some of the key principles of the UNCRC and then considers how they can be applied to children in trouble with the law. The chapter concludes by introducing the remaining structure of the book – namely, how a rights-based framework can be implemented at different stages of the justice system: prevention (Chapter 3); diversion and justice (Chapter 4); and reintegration (Chapter 5).</p><p>Chapter 3 considers child development and their experiences prior to entering criminal justice systems. An exploration of the universal rights that all children should enjoy in early childhood sets the scene for considering how some children are denied these rights, and this sets them on a pathway into criminalisation. 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Abstract

The book sets out its overall aim in the acknowledgements section, namely that the authors hope that it advances knowledge that ‘rights and research are key to advancing the progressive reform of youth justice internationally’ (p.vi). The authors are established experts in the field of international children's rights and set about to consider a range of progressive youth justice international research through the lens of the United Nations Convention on the Rights of the Child (UNCRC), and its associated reports, comments and related treaties. The authors acknowledge that the international standards offer a wealth of detail to ‘respect, protect and fulfil the rights of children in conflict with the law’ (p.1), while at the same time a wealth of knowledge has been developed from research about this group of children, and their pathways into, through, and out of, justice systems. However, an important gap is identified which is the study of how these two bodies of knowledge overlap and relate to one another. This book seeks to begin to plug this gap by ‘bring[ing] together the best research on children in conflict with the law, mapping it against international children's rights standards’ (p.1).

I found the book to be extremely helpful in, first, highlighting how research advances the case for youth justice systems and reform to be firmly rooted in the international rights frameworks. However, I found that the book also sought to make the case that youth justice researchers should be seeking to ground and position their own research within the children's rights framework much more widely than is currently the case. I found, as a youth justice researcher, the argument to be incredibly persuasive and will use the book as a reference tool when both designing future research and also teaching my students.

Once the context and aims of the book are established, Chapter 2 then very helpfully and succinctly summarises the numerous standards and instruments related to children in the justice system, and outlines key features of a rights-based framework. I found this chapter to be extremely useful as the rights-based literature and landscape can often be complex and difficult to navigate. It first runs through some of the key principles of the UNCRC and then considers how they can be applied to children in trouble with the law. The chapter concludes by introducing the remaining structure of the book – namely, how a rights-based framework can be implemented at different stages of the justice system: prevention (Chapter 3); diversion and justice (Chapter 4); and reintegration (Chapter 5).

Chapter 3 considers child development and their experiences prior to entering criminal justice systems. An exploration of the universal rights that all children should enjoy in early childhood sets the scene for considering how some children are denied these rights, and this sets them on a pathway into criminalisation. The authors specifically focus on over-represented groups including boys, children from ethnic minorities, children with care experience and children with disabilities, to demonstrate that justice systems are at odds with the general principle in the UNCRC of enjoying prevention from contact with the justice system without discrimination.

The remaining chapters consider stages of justice systems from diversion (including prevention and early intervention), police investigation, court processes, through to reintegration following sentence. Every stage is broken down into useful and manageable chunks, consistently framing youth justice research within international children's rights. For example, the discussion surrounding a child's right to effective participation within court processes was starkly contrasted with research demonstrating that children do not enjoy this right and experience procedural injustice within court settings.

The final concluding chapter succinctly summarises the findings in preceding chapters, namely the exploration of the relationship between children's rights standards and youth justice research. The book certainly makes the case that there are very strong links between children in trouble with the law and the range of protections set out in the UNCRC and related international standards. I am grateful to the authors for comprehensively and concisely making a strong case for further exploration of the synergies between youth justice research and children's rights. I would recommend this book as an introductory text to this important, yet often neglected, area of literature, and look forward to follow-up pieces to unpick in further detail many of the highlighted areas of discussion.

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触犯法律的儿童:权利、研究与进步的青年司法》,U.Kilkelly、L.Forde、S.Lambert、K.Swirak 著,伦敦:pp.185. £34.99 (hbk).ISBN: 9783031366512; £27.99 (ebk).ISBN: 9783031366529
本书在致谢部分阐述了本书的总体目标,即作者希望本书能增进人们对 "权利和研究是推动国际青少年司法渐进改革的关键"(第 vi 页)的认识。作者都是国际儿童权利领域的知名专家,他们着手从《联合国儿童权利公约》 (UNCRC)及其相关报告、评论和相关条约的角度,对一系列渐进式青少年司法国际研 究进行思考。作者承认,国际标准为 "尊重、保护和实现触犯法律的儿童的权利"(第 1 页)提供了丰富的细节,与此同时,对这一儿童群体及其进入、通过和离开司法系统的途径的研究也积累了丰富的知识。然而,本书发现了一个重要的空白,即研究这两方面的知识如何相互重叠和关联。本书试图通过 "汇集有关触犯法律儿童的最佳研究成果,并将其与国际儿童权利标准相对照"(第 1 页)来填补这一空白。我发现本书在以下方面非常有帮助:首先,强调了研究如何推动青少年司法系统和改革牢牢扎根于国际权利框架。然而,我发现该书还试图说明,青少年司法研究人员应该在儿童权利框架内为自己的研究寻找更广泛的基础和定位,而不是像现在这样。作为一名青少年司法研究人员,我认为这一论点极具说服力,在设计未来的研究和教授我的学生时,我都会把这本书作为参考工具。在确定了本书的背景和目标之后,第二章简明扼要地总结了与司法系统中的儿童相关的众多标准和文书,并概述了基于权利的框架的主要特征,非常有帮助。我认为这一章非常有用,因为以权利为基础的文献和环境往往很复杂,难以驾驭。本章首先介绍了《联合国儿童权利公约》的一些主要原则,然后探讨了如何将这些原则应用于触犯法律的儿童。本章最后介绍了本书的其余结构,即如何在司法系统的不同阶段实施基于权利的框架:预防(第3章);转送和司法(第4章);以及重返社会(第5章)。对所有儿童在童年早期应享有的普遍权利的探讨,为思考一些儿童如何被剥夺这些权利,并由此走上犯罪道路奠定了基础。作者特别关注比例过高的群体,包括男孩、少数民族儿童、有照料经历的儿童和残疾儿童,以证明司法系统与《联合国儿童权利公约》中关于不受歧视地防止儿童接触司法系统的一般原则相悖。每个阶段都被分解成有用且易于管理的小块,并始终将青少年司法研究纳入国际儿童权利的框架内。例如,在讨论儿童有效参与法庭程序的权利时,有研究表明儿童并不享有这一权利,而且在法庭环境中会遭遇程序不公正,这两者形成了鲜明的对比。最后的结论章节简明扼要地总结了前几章的研究成果,即探讨儿童权利标准与青少年司法研究之间的关系。这本书无疑说明,触犯法律的儿童与《联合国儿童权利公约》及相关国际标准所规定的一系列保护措施之间存在着非常密切的联系。我感谢作者全面而简洁地为进一步探索青少年司法研究与儿童权利之间的协同作用提供了有力的论据。我推荐将本书作为这一重要但往往被忽视的文献领域的入门读物,并期待后续作品能进一步详细解读许多重点讨论领域。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
2.30
自引率
0.00%
发文量
41
期刊介绍: The Howard Journal of Crime and Justice is an international peer-reviewed journal committed to publishing high quality theory, research and debate on all aspects of the relationship between crime and justice across the globe. It is a leading forum for conversation between academic theory and research and the cultures, policies and practices of the range of institutions concerned with harm, security and justice.
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Issue Information Being watched: The aftermath of covert policing Observing justice: Digital transparency, openness and accountability in criminal courts By J. Townend, L. Welsh, Bristol: Bristol University Press. 2023. pp. 176. £45.00 (hbk). ISBN: 9781529228670 Children in conflict with the law: Rights, research and progressive youth justice By U. Kilkelly, L. Forde, S. Lambert, K. Swirak, London: Palgrave Macmillan. 2023. pp. 185. £34.99 (hbk). ISBN: 9783031366512; £27.99 (ebk). ISBN: 9783031366529 Trans and gender diverse offenders’ experiences of custody: A systematic review of empirical evidence
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