Northern Ireland is in the early stages of transition from conflict, but progress is regularly affected by political and public discontent. A divided landscape, segregated and underresourced communities are enduring legacies of 'the Conflict'. 1 Yet the political will to tackle social and community division, consult with and support communities has been lacking.Grounded in six communities most affected by poverty and the Conflict this article illustrates the difficulties, tensions and contradictions experienced during transition and how, in the process of 'change', children and young people have been silenced, marginalised and demonised.
In 1993 Jon Venables and Robert Thompson were found guilty of the abduction and murder of two‐year‐old James Bulger. Aged ten at the time of the offence, the children were tried in an adult court before a judge and jury amidst a blaze of publicity. They were named by the trial judge and sentenced to detention at Her Majesty's Pleasure [HMp]. The Home Secretary set a minimum tariff of fifteen years imprisonment. In December 1999 the European Court of Human Rights held that, in the conduct of the trial and the fixing of the tariff, the United Kingdom government was responsible for violating the European Convention on Human Rights. This article maps how the case became a watershed in youth justice procedure and practice influencing Labour’s proposals for reform and the 1998 Crime and Disorder Act. Examining the progression of appeals through the domestic and European courts, it explores the dichotomous philosophies separating the United Kingdom and European approaches to the age of criminal responsibility, the prosecution and punishment of children, and the influence of political policy on judicial decisions. Finally, the ‘backlash’ against ‘threatening children’, the affirmation of adult power and knowledge, and the implications of the European judgments in the context of a rights‐based agenda are analysed.
This article is based on primary research conducted with children in community and custodial settings in Northern Ireland. It provides an analysis of the social, economic and political context in which children's rights are routinely breached. Presenting consultations with children in the community, the article considers the impact of negative assumptions, disrespect and exclusion from participation. It demonstrates how the rights of socially excluded and marginalized children are consistently undermined. Further, it draws on the experiences of children and the views of staff in considering the rights of children in custody. In conclusion, the article explores the contributions of critical analysis and rights-based discourses within an increasingly punitive climate.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.