The challenges of equal access to justice system and the protection of juveniles delinquent in southern Sudan a case study of juba, the capital of southern Sudan
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Date
2011-05
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Kampala international international: School of Law
Abstract
Despite the continuity of the extensive international and regional theoretical literature written over the years shaping commendable treatments of juveniles in a number states, still juvenile justice system in Southern Sudan has not only been battling the violations of human rights as a result of the civil war but juvenile justice system faced the inadequacies of legal framework that was brutally uprooted. Given the 2005 Comprehensive Peace Agreement signed in Kenya has ushered in a glimpse of relief to reconstruct and fill the legislative vacuum in general and juvenile related legislations in particular. Thus, the 2005 Interim Constitution of Southern Sudan has the child related provisions while the first ever Child Act, 2008 is premised exclusively on juvenile justice system. Therefore, the difficult task remaining is to be observed the implementation of these legislations that require concerted efforts for the re-orientation of the public attitudes in Southern Sudan towards realization, promotion and protection of the human and legal rights of the juveniles. The result of this research will be useful in its attempt to analyze the relevant legislations and the practices of the institutions charged with the administration of juvenile justice system and hence giving insights as to what needs to be done to improve the juvenile justice system in Southern Sudan. The analysis in this research embraces different fields that have crucial bearings in the juvenile justice system including customary practices, the recent National Child Legislations and the International and Regional Instruments that Southern Sudan is a party to by virtue of ratification by the Republic of the Sudan. In regards to this research under chapter one of this study are mainly topics that include: the Background of the Study which considered the introductory part of the research paper, the literature review and the Research Methodology. Chapter Two of this research deals with an overall introduction to the juvenile justice system and explores definitions of relevant terms, principles and concepts in juvenile justice system. The explains why this research will be useful not only to the stakeholders in the administration of juvenile justice system but also to the general society affected not only by the juvenile delinquency but also by the treatment of juvenile offenders. Chapter Three appraises the Legislations and the Practices in light of the International and Regional Instruments on the rights and treatment of juvenile offenders; Chapter Three discusses different stakeholders and their roles, procedures and powers in the administration of Juvenile Justice System in Southern Sudan. These stakeholders include the police, the courts, the prisons services, social workers as well as the parents and the wider society. Chapter Four is about finding and the analyses the Challenges facing access to justice system and the weaknesses in the administration of the Juvenile Justice System. Under Chapter Five, a general Conclusion is made in light of what has or has not been done considering the fact that Southern Sudan after the long protracted civil war has now embarked on acquiring the resources that it would need for the reconstructions and development of its institutional and infrastructural facilities that are necessary for justice system in general and juvenile justice in particular. It ends with the recommendations that are believed to be appropriate for the desired standard juvenile justice system
Description
A dissertation submitted in partial. Fulfillment of the requirements for the ward of the degree of bachelor of laws of Kampala international. University
Keywords
Justice system, Equal access, Justice system, Protection, Juveniles delinquent, Juba