“A critical analysis of the degree of human rights protection afforded to juvenile offenders
by the criminal justice system of Trinidad and Tobago.”
By Antonio Emmanuel
INTRODUCTION
This paper aims to critically examine the treatment of persons who are below the age of eighteen
and in conflict with the law (hereafter juvenile offenders,) in the criminal justice system of
Trinidad and Tobago. This is done with the aim of making a determination of the degree of
human rights protection afforded to juvenile offenders within the system and determining
whether their rights are violated during the judicial process.
The paper begins with an evaluation of the provisions of international human rights treaties and
other instruments pertaining to juvenile offenders, in order to make a determination of the scope
of protection that is expected to be afforded to them. These include the United Nations
Convention on the Right of a Child (hereafter CRC)107 and the UN Standard Minimum Rules for
the Administration of Juvenile Justice 1984 (hereafter the Beijing Rules)108 and the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty 1990 (hereafter the
Havana Rules),109 which are both declarations of the United Nations general assembly.
The international standard is then compared to the domestic criminal justice system, with an aim
of making a determination of whether the protection offered by the domestic criminal justice
system is adequate and commensurate to the international standard. The elements of the criminal
justice system upon which this paper places focus are the minimum age for ascribing criminal
107
UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty
Series, vol. 1577, p. 3, available at: http://www.unhcr.org/refworld/docid/3ae6b38f0.html [accessed 13 March 2013]
108
UN General Assembly, United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The
Beijing Rules") : resolution / adopted by the General Assembly., 29 November 1985, A/RES/40/33, available at:
http://www.unhcr.org/refworld/docid/3b00f2203c.html [accessed 13 March 2013]
109
UN General Assembly, United Nations Rules for the Protection of Juveniles Deprived of Their Liberty :
resolution / adopted by the General Assembly., 14 December 1990, A/RES/45/113, available at:
http://www.unhcr.org/refworld/docid/3b00f18628.html [accessed 13 March 2013]
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