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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Juvenile justice in Botswana
Author:Thebe, SiamisangISNI
Year:1999
Periodical:Zambia Law Journal
Volume:31
Pages:134-148
Language:English
Geographic term:Botswana
Subjects:juvenile delinquency
children's rights
Abstract:International human rights instruments mandate State parties to promote and establish procedures, authorities and institutions which are specifically geared towards recognizing the vulnerable position of children in conflict with the criminal justice system. This article explains and assesses the standards for treating children in conflict with the law by the general body of international human rights law on children's rights. The emphasis is on the provisions of the Convention on the Rights of the Child (CRC). Botswana acceded to this Convention in 1995. The article presents and evaluates the administration of juvenile justice in Botswana within the context of the provisions of international law. Special attention is given to the age of criminality; procedures for the investigation and prosecution of juveniles; the children's court; procedure before a juvenile court; and punishment and sentencing of juveniles in Botswana. By and large, Botswana legislation conforms to the standards and safeguards that have been put in place by the CRC. However, in practice the police and other law enforcement agents do not give proper cognizance to these safeguards. Areas in which the law or judicial practice falls short of such standards and safegards include corporal punishment against children; a failure to protect the privacy of children; sentencing children to terms of imprisonment; and referral of cases to customary courts. Notes, ref. (Also published in: Lesotho Law Journal, vol. 11, no. 1 (1998), p.117-133.)
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