The role of the courts in protecting children's rights in the context of police questioning in Ireland and New Zealand

Forde, Louise

doi:10.1111/hojo.12472

Cited by 4 publications

(3 citation statements)

References 63 publications

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“…Instead, in Ireland, a range of individuals, including Peace Commissioners -who have no specific training to support children during police interviews -can be called upon (Skinns, 2019). Nor, by contrast with jurisdictions such as New Zealand, does Irish law indicate what role this 'adult' might play (Forde, 2022). Some of the children in this study attached importance to the support of having their parent/guardian present during the questioning process.…”

Section: Children's Understanding and Participationmentioning

confidence: 88%

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Children and police questioning: A rights-based approach

Forde

Kilkelly

2023

Criminology & Criminal Justice

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Under the United Nations Convention on the Rights of the Child, children in conflict with the law are entitled to dignity and respect for their rights within a youth justice system adapted to their age and circumstances. The United Nations Convention on the Rights of the Child recognises the necessity of ensuring that children’s rights are protected during the criminal process, emphasising the importance of legal advice, information and support to enable their participation in the process. Police questioning can be a particularly difficult experience for children, given their vulnerability and immaturity and yet it can have very serious consequences for children. This article examines the rights of the child during police questioning, from the perspective of children themselves. Presenting the findings of a study of children’s experiences of their rights when being questioned by the police (An Garda Síochána) in Ireland, the article highlights the need to adapt police questioning processes to the needs and circumstances of the child, while emphasising the powerful case for greater involvement of children in research about criminal justice and policing so that their experiences of their rights can be better understood.

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Section: Children's Understanding and Participationmentioning

confidence: 88%

“…Instead, in Ireland, a range of individuals, including Peace Commissioners – who have no specific training to support children during police interviews – can be called upon (Skinns, 2019). Nor, by contrast with jurisdictions such as New Zealand, does Irish law indicate what role this ‘adult’ might play (Forde, 2022).…”

Section: The Research Findingsmentioning

confidence: 99%

Children and police questioning: A rights-based approach

Forde

Kilkelly

2023

Criminology & Criminal Justice

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“…In addition to adaptations to make the trial more compliant with principles of child-friendly justice (Delahunt, 2020), the court took a strict view of the need to protect the privacy of the two young defendants, putting strict reporting restrictions in place and calling social media companies to account for steps they had taken to prevent publication of identifying material (Gallagher, 2019). In the absence of detailed legislative requirements aimed at securing children’s effective participation (Forde, 2022), this type of judicial action is critical to meeting international children’s rights obligations.…”

Section: Toward a Child Rights-based Approach In Irish Youth Justice?mentioning

confidence: 99%

The Development of the Irish Youth Justice System: Toward a Children’s Rights Model of Youth Justice?

Forde

Swirak

2022

Journal of Contemporary Criminal Justice

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The introduction of the Children Act 2001 signaled the beginning of a new era for Irish youth justice although arguably represented a “late start” for Ireland in modernizing her youth justice system. Twenty years after the Act came into force, the recently published Youth Justice Strategy 2021-2027 commits to developing a youth justice system underpinned by international children’s rights principles. In setting out this vision, Ireland joins a number of other countries that are making efforts to develop their youth justice systems based on international children’s rights principles. This article considers the extent to which Ireland can be said to have moved toward becoming a children’s rights-respecting youth justice system, with reference to three specific areas—diversion, serious crime, and detention. As a country with a hybrid welfare/justice approach to youth justice, and an incremental approach to the incorporation of its international obligations under the UNCRC, Ireland’s path toward developing more rights-compliant approaches to youth justice—and the opportunities and barriers it has encountered—can contribute to global debates for other countries on a similar trajectory.

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Therapeutic and non-therapeutic practices in the child justice system in Kenya: A therapeutic jurisprudence perspective

Muema,

Kawałek

2024

International Journal of Law and Psychiatry

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The role of the courts in protecting children's rights in the context of police questioning in Ireland and New Zealand

Cited by 4 publications

References 63 publications

Children and police questioning: A rights-based approach

Children and police questioning: A rights-based approach

The Development of the Irish Youth Justice System: Toward a Children’s Rights Model of Youth Justice?

Therapeutic and non-therapeutic practices in the child justice system in Kenya: A therapeutic jurisprudence perspective

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