CARIBBEAN: Commonwealth judges call for child rights commitment

Hundreds of judges and magistrates from around the Commonwealth have called on Commonwealth governments to bolster and uphold the legal rights of children.

The Commonwealth Magistrates' and Judges' Association (CMJA), convening in the Turks and Caicos Islands recently for its triennial Conference and General Assembly, rallied against both the "inadequate safeguards" for judicial independence in some Commonwealth countries and legal processes which do not properly protect juveniles.

What is the CMJA?

The Commonwealth Magistrates' and Judges' Association is the only international organisation bringing together judicial officers at all levels from over 68 Commonwealth jurisdictions to promote judicial independence, advance the administration of the law, education, the administration of justice, the treatment of offenders and the prevention of crime.

Some 250 judges and magistrates from 44 Commonwealth jurisdictions attended the 'Justice for the Next Generation' conference from 26 September to 3 October 2009.

International legal rights

In their declaration, the CMJA called on member states to "take urgent steps to introduce and implement child justice systems" to bring them into line with agreed international standards.

The association pledged to work with governments in "the development and promotion of court procedures which are child appropriate and gender and disability sensitive, the systematic use of child rights principles ... [and] the best interests of the child in the administration of justice."

Latimer House Principles

Agreed by Commonwealth Heads of Government in Abuja, Nigeria, in 2003, the Latimer House Principles articulate minimum standards for relations between parliament, the executive and the judiciary in Commonwealth countries. They provide an effective framework for the implementation of the Commonwealth fundamental values. An independent, impartial, honest and competent judiciary is integral to upholding the rule of law.

It added that judicial action, such as custodial sentencing, intended to deprive a child's liberty should only be used as a "measure of last resort and for the shortest possible time".

The declaration was issued in conjunction with the United Nations Children's Fund (UNICEF) following a joint colloquium in Providenciales, on 2 October 2009. International treaties relating to the rights of children, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child should be upheld, it noted.

Illegal or oppressive practices

In addition to the practical application of laws that affect children, conference delegates discussed the implementation of the Latimer House Principles, as well as judicial training and the role of magistrates, among other subjects.

Sir Mark Potter, President of the Family Division of the High Court of England and Wales, UK, claimed that judicial rulings could be "undoubtedly influential" in developing the legal rights of children.

"None of us should underestimate our power over time to change what people think, by the general trend and careful wording of our decisions and by emphasising children's rights both when hearing family disputes and cases involving the care and adoption of children, or when trying civil or criminal cases in which illegal or oppressive practices come to light and call for legitimate comment," he said.

Further information

pdf: http://allafrica.com/stories/200910160572.html

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