Nuru, Mohammedberhan Kahsay (2015) Juvenile Justice Administration: The Case of Tigray Regional State. Masters thesis, Addis Ababa University.
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Abstract
Children in conflict with the law are vulnerable and hence need special protection and support services that are appropriate to their age and level of maturity. Special protection need to be given with a view to protect children in conflict with the law from further hardship and trauma that may result due to their participation during criminal proceedings. Having this in mind, the purpose of this study is to assess the juvenile justice administration in Tigray regional state. To this end, quantitative and qualitative research methodologies were used and questionnaires, interviews, and field visits were used as data gathering tools. A total of 129 persons were made part of this study from judges, public prosecutors, police, advocates, children in conflict with the law, human right commission experts, labour and social affairs bureau expert, members of the parliament and social workers. The responses of those respondents were interpreted and analyzed. The core findings of the research are the following; In the case of legislative measures, it is a positive development that Ethiopia is a state party to different human rights instruments in general and children’s right like CRC and ACRWC in particular. Furthermore, there are also domestic laws like the FDRE constitution and Tigray constitution, the revised criminal code and the criminal procedure which have key provisions on the right of the child in conflict with the law. However, there are still some problems that need to be addressed in relation to these laws like; the minimum age of criminal responsibility is too low, the maximum age limit for juveniles is not in line with the international instruments, lack of non judiciary diversionary mechanism in the laws, absence of clear and detailed rules and guidelines on the application of juvenile cases, the problem of the law to give awareness to the large varieties of non institutional dispositive measures. It was also discovered that the situation relating to children in conflict with the law was very poor in Tigray regional state. The professionals’ working in the administration of justice suffers from a clear lack of adequate knowledge with the words and sprits of the law protecting children in conflict with the law. The system is also suffering from lack of child friendly infrastructural facilities like CPUs, CFCs, and non existence of any of the legally envisaged institutions to administer the educational measures prescribed by the criminal code. Furthermore, the concept of diversion is not known in the regional state and the diversionary role assigned to the courts byvi the criminal procedure code is not much understood by the police and the courts. In other words, there are not diversionary programs (centers) in the regional state. There was also problem of networking among the justice professionals and other NGOs and CSOs. With regard to these shortcomings, the research makes some relevant recommendations which are believed to be of help to the government in the better implementation of juvenile justice.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 22 Jun 2018 07:51 |
| Last Modified: | 22 Jun 2018 07:51 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4506 |
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