“The Other Child” – The Rights of the Child Victim in the Youth Justice System

Abstract

Children’s rights scholarship and guidance from human rights bodies has largely ignored the child victim, particularly where the perpetrator of the offence is also a child. This article reviews how provisions of international children’s rights standards deal with such situations, and highlights the lack of evidence on the extent of such victimisation and the experiences of child victims. Using two particular provisions (best interests and participation), it is argued that child victims appear primarily regarded as objects of concern rather than true rights holders. Increased recognition of “the other child” in practice and policy is urged.