Investigating the minimum age of criminal responsibility in African legal systems

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Date

2008

Journal Title

Journal ISSN

Volume Title

Publisher

University of the Western Cape

Abstract

The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be.

Description

Magister Legum - LLM

Keywords

International law, Juvenile justice, Children in conflict with the law, Child-centered criminal justice system, Human rights for children, Rights-based approach, Minimum age, Upper age, Criminal responsibility, Criminal capacity, Doli incapax rule

Citation