ANALYSIS OF THE RIGHTS OF JUVENILE DELIQUENTS DURING CRIMINAL PROCEEDINGS: THE CASE OF NORTH SHEWA ZONE

Abstract

Children are the most vulnerable members of any society because they lack the maturity of adults physically, cognitively, emotionally, and morally. By taking to account such rationalization, the children’s interests, welfares and rights must be protected, guided and guarded. In this view, international law, among other things, contains explicit and comprehensive standards in relation to the position of children in criminal proceeding. These international instruments, particularly UNCRC and ACRWC provide standards on the rights of the children that seek to ensure special treatment of children in conflict with the law. UN minimum standard Rules are also served as standards of reference and guidance for these conventions. As Ethiopia is a state party to both those international instruments, it is under the obligation to undertake appropriate legislative, administrative and other steps necessary for the implementation of the rights of these groups of people. Accordingly, it has been taking various the legal and policy framework measures for the promotion and protection of the rights of children in conflict with the law. In this regard, FDRE constitution, the Criminal as well as Criminal Procedure Codes and other subsidiary laws of Ethiopia advocate special treatment of juveniles deprived of their liberty all the way from their first contact with police to the proper handling of such children in detention institutions responsible for the protection of juveniles in conflict with the law. Standing from these positions, the purpose of this study is to assess the state of children rights in Ethiopia in general and North Shewa-Amhara in particular by emphasizing on the comparative analysis of the major children rights legal frameworks with UNCRC and ACRWC and UN minimum standard Rules. In addition to this it will evaluate the practical treatments of the rights of children in conflict with law in criminal proceeding in North Shewa. As regard to the legal measures, there are some legal gaps in Ethiopia legal framework in order to treat the rights of children in conflict with the laws as international standards. Such Legal gaps there are no pretrial diversionary mechanism, too low the minimum age of criminal responsibility, the maximum age limit for juveniles is not in line with the international instruments, absence of clear and detailed rules and guidelines on the application of juvenile cases etc… With respect to the practice, the study found that treatment of children in conflict with the law in North Shewa-Amhara were not conformity with minimum expectations of laws, as it found challenges such as: juveniles detained with adults, detention was not last resort, high levels of overcrowding, , unhygienic condition, no quality and quantity of food and water ,poor health care etc. With regard to these shortcomings, the study recommends that it needs awareness creations, policy and law reform, Creating coordination among of all stakeholders governmental and non-governmental bodies, and there must be Commitment on the side of the concerned government organs.