International Journal of Law, Policy and the Family Advance Access originally published online on April 17, 2007
International Journal of Law, Policy and the Family 2007 21(2):190-219; doi:10.1093/lawfam/ebm004
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Responsibility and Rights: Children and Their Parents in the Youth Justice System
* Queens' College, University of Cambridge
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Abstract |
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Responsibility is one of the key themes to emerge from the reforms to the youth justice system that have taken place since 1998. Now, the child and his parents are responsible for the offending behaviour of the child. This article explores the nature of child and parental responsibility in the youth justice system. In particular it analyses the type of responsibility demanded of both child and parent, drawing on the work of Hart and Cane to provide a conceptual analysis of responsibility in youth justice. It goes on to consider the impact on the rights of the child and his parent of the mechanisms used to require responsibility from parents for their child's offending (such as parenting orders, bind-overs, and the payment of fines and compensation). It suggests that there has been a lack of conceptual clarity in government policy and that if the current scheme for demanding parental responsibility continues then better attention needs to be paid to the rights of both parent and child.
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  K. Hollingsworth Protecting Rights at the Margins of Youth Justice in England and Wales: Intensive Fostering, Custody and Leaving Custody Youth Justice, December 1, 2008; 8(3): 229 - 244. [Abstract] [PDF]
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