What is UNCRC Article 40's primary goal?
At Save the Children Australia, we believe in a world where every child's rights are respected, protected, and fulfilled-regardless of their circumstances. Central to this belief is our commitment to the United Nations Convention on the Rights of the Child (UNCRC) Article 40, a guide in ensuring justice and fairness for children who come into contact with the law and its enforcers.
This critical piece of the widely ratified treaty promises a fairer, more compassionate approach to juvenile justice, ensuring that children who encounter legal challenges are met with understanding and support rather than condemnation in line with their adolescence.
In voting, purchasing restricted goods, driving, and many other areas of society, the participation of young people is limited solely due to their age. This age-based restriction is based on an assumption of cognitive immaturity and inexperience, but across the world, many countries treat young perpetrators of crimes the same as adults.
UNCRC Article 40's primary goal is to guarantee that children accused of breaking the law receive treatment that promotes their sense of dignity and worth, encourages their reintegration into society, and assumes their role as constructive members of society. It is a commitment to change the narrative from punishment to rehabilitation, ensuring that the legal proceedings are adapted to the needs and rights of children.
The protections afforded by Article 40
How does Article 40 protect children in legal proceedings? It mandates that children have access to legal and other appropriate assistance, ensuring their rights are fully respected during every stage of the judicial process. This includes not only having access to assistance but also an understanding of their rights and opportunities available to them including that children are:
- Presumed innocent until proven guilty
- Informed promptly of charges against them
- Given the opportunity to have their voices heard
The rights accused children have under Article 40
Under Article 40, accused children have a suite of rights designed to protect their interests. Children accused of legal offences have the right to:
- Prompt access to legal aid: Legal representation is crucial to ensure a child's voice is heard and rights are protected.
- Privacy: Protecting the child's identity and avoiding media exposure.
- Age-appropriate proceedings: Ensuring that the legal process is understandable and respectful of the child's age and maturity.
The government's role in upholding children's rights
Governments are tasked with establishing laws, procedures, authorities, and institutions specifically applicable to children accused of breaking the law. This includes setting a minimum age below which children shall be presumed not to have the capacity to infringe the penal law, an aspect crucial for protecting young children from the harsh realities of the justice system.
In addition to establishing the systems and institutions of youth justice, governments are responsible for ensuring that these are able, required, and continue to act following UNCRC Article 40. This should include frequent reviews and audits of laws and establishments for children who break the law.
Save the children Australia's commitment to child justice
Organisations, like Save the Children, play a pivotal role in advocating for the rights of children within the justice system, providing support, representation, and educational programs aimed at preventing youth from entering the justice system in the first place. Our recent report highlighting rights violations in Australia's youth justice system underscores the need for reform and the importance of our work in advocating for a justice system that respects and upholds children's rights.
In Australia, our Hands on Learning program exemplifies how a rights-based approach to youth development and justice can improve outcomes. By increasing attendance and employment rates for students and providing kids with an outlet to explore their talents within a safe environment, this program is helping to satisfy the basic needs of self-esteem and community that so often when absent can cause young people to break the law.
Make a difference today
Donor support is vital for NGOs to continue their advocacy and support programs. Funding can help expand initiatives that educate, rehabilitate, and reintegrate children into society, ensuring they have a chance to turn their lives around.
By donating to Save the Children, together we can work toward a future where every child is treated with dignity and respect, regardless of their circumstances. Join us in enforcing and upholding UNCRC Article 40 by donating and advocating for the rights of children everywhere.