All human rights treaties include the rights of children; and two treaties - the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC) - contain specific provisions for the treatment of youth who break the law. Juvenile justice advocates can incorporate the language of human rights in promoting policies and reforms that emphasize the humanity and dignity that should be accorded to all youth. The ICCPR and CRC both prohibit capital punishment for persons under 18 years old. In 1988, the U.S. Supreme Court abolished the death penalty for youth under 16 years old; and in 2005, the Supreme Court specifically referred to both treaties when it extended the ban to all youth under 18 years old. The CRC also prohibits life imprisonment without the possibility of release for juveniles under the age of 18. The vast majority of U.S. States permit this sentence, and 10 States set no minimum age for life without parole. The CRC considers all youth under age 18 to be children. According to the ICCPR, youth offenders should be separate from adults when incarcerated and receive treatment appropriate to their age, with a focus on rehabilitation. These provisions directly contradict the practice in place in some U.S. jurisdictions that transfer youth from the juvenile justice system to the adult criminal system. Alternatives to incarceration are also examined under the norms of international treaties, along with over-representation of minority youth in the juvenile justice system. Recommendations are offered for increasing U.S. juvenile justice policies' compliance with international treaties and norms. 8 annotated resources and 28 notes
Human Rights as a Catalyst for Juvenile Justice Reform
NCJ Number
239879
Date Published
December 2006
Length
10 pages
Annotation
This policy brief presents an overview of international treaties and norms pertinent to human rights that provide guidance for improvements in juvenile justice policy in the United States.
Abstract