1. Trang chủ
  2. » Luận Văn - Báo Cáo

topic full respect of juvenile privacy in general comment no 24 2019

33 0 0

Đang tải... (xem toàn văn)

Tài liệu hạn chế xem trước, để xem đầy đủ mời bạn chọn Tải xuống

THÔNG TIN TÀI LIỆU

Thông tin cơ bản

Định dạng
Số trang 33
Dung lượng 2,56 MB

Cấu trúc

  • I. ANALYSIS OF PARA 66 -71 OF THE GC24 (5)
    • 1.1. D EFINITION OF PRIVACY (5)
    • 1.2. I NFORMATION THAT COULD REVEAL A CHILD S IDENTITY ’ (5)
    • 1.3. C ONCLUSION (15)
  • II. COMPARE VIETNAMESE LAWS WITH THE UN STANDARDS AND (16)
    • 2.1. T HE PROVISIONS OF THE IETNAMESE JUVENILE CRIMINAL JUSTICE V (0)
      • 2.1.1. The privacy of juveniles according to the Vietnam Legal System (Related to (16)
  • Para 66) (16)
    • 2.1.2. Children's privacy rights in proceedings (Related to Para 67, 68, 69 GC No.24) (18)
    • 2.1.3. Disclosure of information on juvenile offenders (20)
    • 2.1.4. Expungement of juvenile offender's conviction (21)
    • 2.2. C ONTRIBUTIONS TO THE DEVELOPMENT OF V IETNAMESE AW RELATED TO L (0)
      • 2.2.1. About the public trial of juvenile cases (22)
      • 2.2.2. About lifelong protection principles (23)
      • 2.2.3. About protecting the child9s identity from the media (0)
    • III. SOME PROVISIONS OF OTHER COUNTRIES ABOUT THE JUVENILE’S PRIVACY (25)
      • 3.1. S OME PROVISIONS IN ICTORIAN LAW V (0)
        • 3.1.1. The children9s privacy during proceeding (0)
        • 3.1.2. The child justice hearing (26)
        • 3.1.3. Information publication (26)
      • 3.2. T HE PROVISIONS OF JUVENILE PRIVACY OF OTHER COUNTRIES (27)
    • IV. CONCLUSION (29)

Nội dung

Information that could reveal a child’s identity In the General Comment No.24 GC24, privacy of a child in juvenile justice is regulated in Article 66-71 as follow: Para 66 of GC24.. The

ANALYSIS OF PARA 66 -71 OF THE GC24

D EFINITION OF PRIVACY

Privacy is an oft-used but ill-defined term that has been the subject of significant commentary over an extended period Although concern was expressed during drafting as to the confusion surrounding its meaning, we were not prepared to offer any clarification about its scope The jurisprudence of international human rights bodies reveals that the right to privacy has at least a few discrete dimensions which relate to the autonomy and normative agency of individuals (including children) 1

These dimensions are: physical and psychological integrity; decisional autonomy; personal identity; informational privacy; and physical/spatial privacy 2 Critically, it highlights the additional issues that arise as a result of parents' and/or the state's ability to restrict children's right to privacy for valid protection grounds.

I NFORMATION THAT COULD REVEAL A CHILD S IDENTITY ’

In the General Comment No.24 (GC24), privacy of a child in juvenile justice is regulated in Article 66-71 as follow:

Para 66 of GC24 The right of a child to have his or her privacy fully respected during all stages of the proceedings, set out in article 40 (2) (b) (vii), should be read with articles 16 and 40 (1)

Since there is a risk of children and their families being attacked due to hate, children's privacy in juvenile justice must be ensured to protect their legitimate rights Where a child is accused or is counted as having violated criminal law, their privacy must still be fully respected during all stages of proceedings Every child has the right to privacy The law must protect his/her privacy, family, home, communications and reputation (or good name) from any attack Moreover, States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age

1 John Tobin, Sarah M Field, The UN Convention on the Rights of the Child: A Commentary (Art.16 The Right to Protection of Privacy, Family, Home, Correspondence, Honour, and Reputation) Oxford Commentaries on , International Law (28 March 2019)

6 and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society This provision requires that States must at least ensure that children have their privacy fully respected at all stages of the proceedings

The United Nations Convention on the Rights of the Child (CRC)

Ngày đăng: 20/04/2024, 17:03

TÀI LIỆU CÙNG NGƯỜI DÙNG

TÀI LIỆU LIÊN QUAN

w