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Tuesday, March 4, 2008

Convention on the Rights of the Child

Article 40

1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;

(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:

(i) To be presumed innocent until proven guilty according to law;

(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;

(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;

(vii) To have his or her privacy fully respected at all stages of the proceedings. 3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;

(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.

4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence. ]



Rights of the Youths over 18 years of Age

Once you are 18, you are legally an adult and are covered by the same laws as adults. This means you no longer need your parents' permission to do things.

Before you turn 18, the law will sometimes say how old you have to be to do certain things. In other cases it's not so clear. If there's no law setting an age limit, it's up to you to work out with your parents what you can and can't do.

Once you turn 18 you are generally able to carry out all legal activities, such as voting, entering into a valid contract, marriage, buying alcohol and obtaining a driver's licence. Some activities can be legally carried out before you turn 18, for example, getting a job, but there are strict legal requirements in place in order to protect the interests of young people and the community's interests as a whole. For example:

  • If you are under 17 years of age and wish to leave home or have left home, the Children's Court and Department of Human Services can intervene
  • If you want to obtain medical advice or treatment from a doctor and are under 18 years of age, the doctor may inform your parents and require the consent of your parents
  • If you are above 16 years and mature enough to understand the nature of the treatment and its likely consequences, then the doctor probably won't consult your parents
This is According to this site http://www.youthcentral.vic.gov.au/Know+Your+Rights/Youth+rights/

Youth Rights


Rights of Youth Under 18 years of Age

Regardless of your age, you have rights. The United Nations Convention on the Rights of the Child (new window) sets out general principles about the rights of people under 18. Australia signed the Convention in 1990.

Under the Convention you have the right to be free from sexual and economic exploitation, the right to your own opinion, and the right to education, health care and economic opportunity.

The Convention says that your family is mainly responsible for your care and protection. However, in any legal process affecting you, the Convention says that the 'best interests of the child' must be the main consideration, and that your opinion should be heard.

This is according to this site:
http://www.youthcentral.vic.gov.au/Know+Your+Rights/Youth+rights/

Monday, March 3, 2008


Captured moment with my Youth Advocate Friends!