The Case of Social Rehabilitation

Abstract

The right for children to express themselves in administrative and judicial proceedings that affect them is embedded in the Convention on the Rights of the Child (CRC) Article 12, resulting in vast implications for the juvenile justice system, where proceedings very often are either of an administrative or judicial character. This chapter will explore participation in this area, particularly cases with dually involved children, i.e., children that are involved in both the criminal justice system and the child protection system. This particular demographic constitutes one of the lead challenges for child protection services, as their involvement in casework is imperative to enforcing the rights of the child. This chapter will focus on Article 12 of the CRC and how rehabilitation works according to principles of proceedings pertaining to a broader scheme of a child-friendly justice (CFJ) system. This chapter will draw on the latest discourse on CFJ to explore how CRC Article 12 can address complex cases of dually involved children and their need for rehabilitation.