GLOSSARY
Judicial body
CRC Article = 37(d); 40(2)(b)(iii)(v)
Note:
A body with judicial power conferred by law, independent of the executive and of the parties, and with discretionary power to decide, by reference to legal criteria, on controversies over law.
See also:
Accused children Administration of Juvenile Justice Children deprived of their liberty Determination of lawfulness of detention Due process Fair trial Impartial and independent authority Independent and impartial authority
Judicial review
CRC Article = 9 (1)(2)
Note:
According to Article 9(1), States Parties shall ensure that the child shall not be separated from his or her parents against their will, except when competent authorities, subject to judicial review, determine, in accordance with applicable law and procedures, that such a separation is necessary for the best interests of the child. In any proceedings pursuant to Article 9(1), all interested parties shall be given an opportunity to participate in the proceedings and make their views known (Article 9(2)).
See also:
Adoption Alternative care Children deprived of their family environment Inter-country adoption Intercountry adoption National adoption Periodic review of placement Placement in institutions Respect for the views of the child Right to be heard Separation from parent(s)
Jurisdiction
CRC Article = 2(1)
Note:
States Parties are required to respect and to ensure the rights set forth in the CRC to each child within their jurisdiction. Jurisdiction concerns the power of the State to exercise authority affecting people, property and circumstances within its territory and, in accordance with international law, outside its territory.
See also:
Obligation of States
Juvenile justice
CRC Article = 40(3)
Note:
Justice system applied to a "juvenile": a child or a young person who, under the legal system concerned, is to be dealt with for a offence in a manner which is different from an adult. The age limit used to define a juvenile varies between countries. States Parties are required to promote the establishment of laws, procedures, authorities and institutions specifically applicable to accused and convicted children, in particular the establishment of a minimum age for criminal responsibility and diversions.
See also:
Administration of Juvenile Justice Diversions Juvenile delinquency Juvenile offenders Minimum age for criminal responsibility Non-custodial measures
Juvenile offenders
Note:
A "juvenile" is a child or young person who, under the legal system concerned, is to be dealt with for an offence in a manner which is different from an adult. An "offence" is any behaviour (act or omission) that is punishable by law under the legal system concerned. A "juvenile offender" is a child or young person who is alleged to have committed or who has been found to have committed an offence (see Rule 2.2 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (1985), otherwise known as the Beijing Rules).
See also:
Administration of Juvenile Justice Juvenile justice Minimum age for criminal responsibility Offence