Abstract
The domestic laws of all countries have laid down a minimum age below which a person is exempt from prosecution and punishment. The rationale for such exemption is the absence of mens rea, i.e., not to criminalize
the acts of those who at the time of commission of the crime did not know right from wrong. International instruments for the protection of children in conflict with the law emphasize the need to observe the principle of proportionality, which means that any reaction to a juvenile offender must be in proportion to his background and the nature of the crime committed. It must take into account not just the gravity of the delinquent act but also the juvenile’s profile. Juveniles enjoy all the guarantees of a fair trial just like adults. They enjoy additional- special guarantees because of their age. The Human Rights Committee has established that juveniles should enjoy at least the same guarantees and protection as adults. Procedures against juveniles must be implemented in such a way as to ensure respect for their rights and safety and must take into account their age and willingness to rehabilitate. This is meant to avoid any form of labeling the juvenile because of the criminal offense committed and give priority to the implementation of educational over punitive measures.
Keywords: Guardianship, juvenile legislation, offenders, wardship, welfarism
Reference
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