Aurakeasamy, Carmine2026-07-072026-07-072026https://hdl.handle.net/10566/24870When children contravene the law, especially very young children it is imperative that as a society we do not only view them as criminals in isolation, this unlawful conduct is often indicators of potential vulnerability they have been exposed to, which increased the likelihood of them engaging in criminal behaviour. By virtue of their inherent developmental immaturity, children often do not understand the far reaching consequences of their actions and it is imperative that when they contravene the law, they stand before a justice system that recognises their vulnerability, protects them from premature criminalisation, safeguards their rights as children first and holds them accountable for their unlawful conduct by means of proportional responses, instead of exploiting their vulnerability through means of unfair procedures and inconsistent application of the law. The minimum age of criminal capacity is considered the gateway mechanism through which children are either excluded from or subjected to the juvenile justice system. It determines how juvenile offenders are treated by the law and what the most appropriate responses are in light of their developmental capacity. International and regional children’s rights instruments established the foundational frameworks for the minimum age of criminal capacity and the principles that must be entrenched in juvenile justice systems, which have influenced the recognition of children’s rights within the juvenile justice system in South Africa. However, in light of subsequent recognition of children’s progressive development, international frameworks have since established more progressive standards in juvenile justice.enChild Justice ActChild Justice Amendment ActChild-CentredConstitutionCriminal CapacityThesis