International Law

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Browsing International Law by Subject "Detained Juvenile"

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    Protecting the rights of detained juvenile delinquents:Tanzanias compliance with international standards
    (Acharya Nagarjuna University, 2018) Mwajuma,Kadilu
    The main idea of this study is to assess Tanzania’s compliance with international standards in protecting the rights of detained juvenile delinquents. The study is based on the premise that Tanzania is not protecting the rights of juvenile delinquents up to the required international standards. Sometimes, juveniles are involved in delinquent acts which bring them in contact with the police, courts or find themselves in detentions where they may be incarcerated. Consequently, they become victims of human rights violations as they are often detained for long period of time, sometimes in adult facilities where they are at high risk of violence including sexual violence, acts of torture, punishment and inhuman or degrading treatment. They also lack legal assistance throughout legal processes and in the detentions there are no rehabilitation and reintegration programmes to prepare them for life after release. Divided into six chapters, this study examines Tanzania’s compliance with international standards in protecting the rights of detained juvenile delinquents. The study is confined to the Mainland Tanzania and it is limited to the rights of juvenile delinquents when they are placed in penal detentions only. It does not address the rights of juvenile delinquents in mental health detentions or when they are under the custody of Social Welfare or Immigration Officers. The work consists of data from library research which lays a theoretical framework of the problem and field data that supports the theoretical work. Through library research, books, legislations, articles, international conventions, government notices, various reports and periodicals were examined. In the field research, data were collected from twenty two detention facilities and from individuals dealing with the administration of juvenile justice in Tanzania. The study revealed that despite the Government’s efforts to improve juvenile justice system, the laws and practice governing detained juvenile delinquents are still falling short of international standards which the country has ratified and domesticated. The major reason for non compliance with international standards has been found to be the poor administration of juvenile justice rather than lack of infrastructures as contended by the Government in its various reports. The country is also lacking the actual implementation of the laws relating to juvenile justice. In the end, the study suggests inter alia, that there is a need to establish and operate Retention Homes in all zones of the country and to construct juveniles’ cells, wings or wards in all police stations and prisons. Further, the researcher urges the Ministry of Constitutional and Legal Affairs to establish the Government-funded legal aid scheme for juvenile delinquents to ensure free and accessible legal assistance to them so as to realize their rights throughout the justice process.