Particularities on Child-Friendly Justice Concerning Inoperability of Judicial Procedures

Alina Zaharia ()
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Alina Zaharia: Legal adviser at I.I.O. “Grigorian Andreea†Iași, Romania

Proceedings of the 16th International RAIS Conference, March 30-31, 2020 from Research Association for Interdisciplinary Studies

Abstract: If the purpose of applying a punishment to a felon is firstly retributive, then restorative, when it comes to a child perpetrator, the primary concern to specialists in the legal, psychological and social assistance field must be the effective protection and social reintegration of the minor. The courts for minors are meant to be able to determine the needs of every child who falls under the law, regardless of its quality (perpetrator, victim, witness, collateral victim). Creating a child-friendly justice system gives the child a safe and ideal space where all his rights are respected and his voice is heard, regardless of age, maturity or social status, benefiting from social and legal assistance for the entire duration, prior, incipient and subsequent to a judicial procedure in which the child takes part. In general, court proceedings may be delayed due to certain intervening factors that may have a negative impact on the parties, which is in contradiction with the act of justice. In this context, we point out that the delays in the court proceedings involving children brings with them the victimization and traumatization of the child. Finally, institutional actors have a duty to keep away a child from the rigid and traumatic side of applying justice and transforming it into child-friendly justice.

Keywords: child; victim; juvenile justice; child-friendly justice; human rights (search for similar items in EconPapers)
Pages: 6 pages
Date: 2020-04
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Published in Proceedings of the 16th International RAIS Conference on Social Sciences and Humanities, March 30-31, 2020, pages 55-60

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