Children’s Rights and Juvenile Courts

Children’s Courts with 7 Fundamental Principles: A Legal Perspective on the Trial Process

Children’s Rights and Juvenile Courts. Children are considered the most vulnerable individuals in society. Their protection and development are the primary duty of all states. Children’s access to justice requires special sensitivity. Trial processes are conducted according to the principle of the best interest of the child. The Convention on the Rights of the Child forms the basis of this approach. The Convention stipulates a trial environment appropriate for the child’s development. In Türkiye, this process is carried out through specially established Juvenile Courts. This article thoroughly examines the trial process and fundamental principles of juvenile courts. The legal dimensions of the process are clarified.

Fundamental Principles of the Juvenile Justice System

The juvenile justice system differs from the adult system. Its aim is to rehabilitate the child, not to punish them. The following 7 fundamental principles shape the entire process:

1. Best Interest of the Child: This principle is at the center of every decision. The child’s physical and spiritual development is protected. Decisions are made with the child’s future in mind.
2. Principle of Confidentiality: The trial process is closed to the public. The child’s identity and privacy are protected. Their presence in the media is prevented.
3. Expedited Trial: The child’s developmental speed is taken into account. Trial processes are completed quickly. Prolonged processes can harm the child.
4. Principle of Specialization: Expert personnel work in Juvenile Courts. Judges, prosecutors, and pedagogues are trained in this field. Social investigation specialists are included in the process.
5. Education and Rehabilitation: Decisions made aim to educate the child. Remedial methods are preferred instead of punishment. Measures and supervised release are implemented.
6. Guarantee of the Right to Defense: The child’s right to defense is fully provided. Compulsory counsel (lawyer) is appointed. The child receives legal support when giving a statement.
7. Reintegration into Society: The goal is to reintegrate the child involved in crime back into society. Institutional measures are applied for this purpose. Community-supported programs are used.

Duties and Jurisdiction of Juvenile Courts

Juvenile Courts deal with cases concerning individuals under the age of 18. These lawsuits are about children who have been driven into crime. Decisions are also made about children in need of protection. The scope of duty and jurisdiction is determined by special laws.

• Children Driven into Crime: These are persons under 18 years of age who have committed an act defined as a crime in the law. Juvenile Courts are responsible for the trial of these individuals.
• Children in Need of Protection: These are children exposed to physical, emotional, or sexual abuse. A protection order may be issued upon the request of the Ministry of Family and Social Services. These decisions are made by the Juvenile Court.

Juvenile Courts are established with a single judge. They hear all juvenile cases within the judicial district of their location.

The Trial Process: The Path to Be Followed in 6 Stages

Children’s Rights and Juvenile Courts. The trial process in Juvenile Courts is subject to different procedures than in adult courts. These procedures prioritize the child’s best interest.

1. Investigation Stage: The investigation is conducted by juvenile prosecutors. The child’s statement is taken in the presence of experts. Detention is considered as a last resort. Judicial control or supervised release measures are applied.
2. Social Investigation Report (SIR): This report is the most important document in the case. It is prepared by Social Service Specialists. The child’s family, school, and social environment are examined. The report guides the judge in the decision-making process. The child’s personal characteristics and needs are determined.
3. Filing the Case and Preparation: The Public Prosecutor prepares the indictment after the investigation. The indictment is submitted to the Juvenile Court. The Court makes the necessary preparations before starting the trial. The principle of confidentiality is strictly maintained at this stage.
4. Hearing Stage (Principle of Closed Proceedings): It is essential that the hearings are held in private. Only the judge, prosecutor, counsel, social expert, and child are present. The child is made to feel comfortable. Pedagogical approaches are used during the hearing. Questions appropriate to the child’s age are asked.
5. Decision Making and Measures: The judge makes a decision in light of all evidence and the SIR report. If the crime is proven, education and protection measures are applied instead of punishment. Reconciliation or supervised release is preferred. Imprisonment is the last method to be resorted to. Even if a prison sentence is given, it is served in Juvenile Closed Penal Institutions.
6. Enforcement and Monitoring of the Decision: The child is monitored while the decided measures are being enforced. Supervised release directorates carry out this monitoring. Whether the measure has been successfully implemented is controlled. The child’s reintegration into society is supported.

Child Rights and Legal Guarantees

Children’s rights in the trial process are protected by international documents. The Republic of Türkiye has also guaranteed these rights with laws.

• Presumption of Innocence: Everyone is considered innocent until proven guilty. This principle is even more important for children. The child is prevented from being portrayed as guilty.
• Right to Legal Representative and Counsel: The child must be represented by a lawyer. The family participates in the process as the child’s legal representative. Representatives defend the child’s rights.
• Protection of Human Dignity: The child is not subjected to degrading treatment at any stage. Interrogation and statement-taking procedures are carried out under humane conditions.
• Right to Communicate with Family: The child is ensured to have regular contact with their family. The family plays a critical role in supporting the child.

The Child’s Future is Shaped by Justice

Children’s Rights and Juvenile Courts. Juvenile Courts and the trial process are a protection system rather than a penal system. The main goal of this system is to successfully reintegrate the child involved in crime back into society as a healthy individual. The trial must be conducted by specialized personnel with the principle of the child’s best interest. Confidentiality, speed, and the priority of educational measures are indispensable. Legal guarantees ensure that the child receives equal and dignified treatment before justice. The juvenile justice system undertakes the important role of a shield protecting the future of children.