2.2 Children & Young People Flashcards
why are children and young people the most vulnerable and require special legal protection?
they lack life experience, knowledge, and maturity, and are not fully developed to understand the extent of what they are doing, so the law attempts to protect & regulate them
what NSW Act defines a ‘young person’ as “anyone aged between 16 and 18, and a child as anyone aged 15 and under”?
The Children and Young Persons (Care and Protection) Act 1998 (NSW)
what was introduced in the 19th century by governments that changed children’s rights?
a protection from exploitation at work, and a right to free and universal education.
what piece of international law defines a child as “anyone under the age of 18 years”?
The UN Convention on the Rights of the Child (1989) (CROC)
historically, what measures were put in place to protect young people accused of an offence? (age restrictions)?
no age limit excused offenders from their crimes, so children were tried and treated the same as adults
historically, did children and young people have rights?
children had none/few rights until they reached adulthood.
what percentage of Legal Aid NSW users had spent time in juvenile detention?
94%
what percentage did children receiving protection services between 2012 and 2016 increased by?
20%
how many children a part of LANSW have experienced homelessness?
56%
what percentage of LANSW users had their first contact with legal aid at 14 years of age?
82%
what are the key concerns regarding children in the juvenile detention system?
there were high rates of re-offending (recidivism) after 12 months if given a prison sentence between 2013-2015 (above 60%); high rates of young people incarcerated in juvenile detentions (913 on an average day in 2016-17); highest rates of young people in prison being Indigenous peoples → made up 59% of young peoples incarcerated, and were approx 18 times more likely to be under community-based supervision
what are the areas of priority regarding the protection of children and young people?
increase the minimum age of criminal responsibility (MARC) to 12, improve juvenile detention systems, and invest in better exit strategies.
