Challenging Notions of Children’s “Participation” in the Youth Justice System
Published March 2024
Contributors
Author: Anthony Charles, Kathy Hampson, Stephen Case, Aaron Brown
Publisher: The International Journal of Children’s Rights (Volume 32, Issue 1)
Date: 2024
Geographic Coverage: UK
Type of Resource: Academic Journal
Sector/setting: Youth Justice System
Vulnerable groups: Children, Young People
Developed with children and young people? No
Type of participation: N/A
Availability: Restricted Access
Keywords: Youth Justice, Participation, Youth Voice, Children’s Rights, Article 12
Introduction
A child’s right to participate in decision making is seminally proclaimed in Article 12, uncrc. Yet, it is often the case that the rhetoric associated with children’s “participation rights” does not reflect practice. Especially in the case of the youth justice system, significant challenges exist concerning both notions of the right to participate and how it translates into and influences what should be appropriate interventions for young people. This article draws upon three studies which critically examined the concept of participation and children’s decision making in pre-court and custody and resettlement settings. Listening to what young people said through these studies, reflections are offered concerning prevailing understandings and the operationalisation of “participation” within existing youth justice approaches. Additionally, consideration is afforded to barriers to effective participation in youth justice and the transformative potential that the right to participate in decision making offers those who come into conflict with the law.