Juvenile adjudication within "The Beijing Rules" and the principle of the best interest of the child
2019
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Advisor: Doç. Dr. Koray Doğan
Abstract (EN)
The most comprehensive regulation on child rights in international law is the United Nations Convention on the Rights of the Child. The Article 40 of the Convention aims to establish a criminal justice system which is specific to children. In terms of the intended judicial order, the Convention laid down a number of principles as framework texts; these principles are detailed in various General Assembly resolutions. The Beijing Rules are one of those decisions of the General Assembly. The Beijing Rules is one of the guiding basic principles in terms of national juvenile criminal law policies and sets certain minimum standards. At the core of these standards, figures always the principle of the best interest of the child. The main subject of our study is the examination of the juvenile proceedings in Turkish law in the context of the Beijing Rules and the Principle of the Best Interest of the Child. The priority law that we will follow in our national legislation will be the Child Protection Law. In the first part of our study; the principles and aims of the juvenile justice system are examined within the historical course; the provisions of national and international legislation on the juvenile justice system have been determined, the concept of "child" and the principle of "the best interest of the child" have been dealt on the legal aspect. In the second part of our study, the juvenile judgment in Turkish law is examined under the guidance of Beijing Rules. Beginning from the investigation stage, each stage of the criminal proceedings has been dealt with in the case of the juvenile pushed to crime. The current juvenile justice system has been magnified in terms of the principle of the best interest of the child. In this sense, our opinion is declared about the current problems in the system and the solution recommendations. Keywords: Juvenile Justice System, Juvenile Protection Law, Juvenile Adjudication, Juvenile Criminal Law, Juvenile Court, Beijing Rules, Principle of the Best Interest of the Child, Juvenile Pushed to Crime, Protective and Supportive Measures.
Author
Dr. Şeyma Şahin
Institution
How to Cite
Şeyma Şahin (Master Thesis). Juvenile adjudication within "The Beijing Rules" and the principle of the best interest of the child, 2019, Dokuz Eylül University.
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