CYIL 2012

THE RIGHT OF THE CHILD TO LIBERTY AND THE ADMINISTRATIVE DETENTION … The general part of the definition of a child, which uses the qualifying characteristic of age (eighteen years) is applied as the upper age limit in relation to the criminal responsibility of the child. Special substantive and procedural norms regulating criminal responsibility ( juvenile justice ) are applied to the child up to the age of eighteen. 111 The upper age limit prevents the child from being considered an adult for criminal justice purposes. This indicates the status of the general part of the definition, in relation to which the special part assumes an exceptional status. The qualifying characteristics of age and maturity have a similar status towards each other if they are not identical. Age is the regulating characteristic. However, the upper age limit for the child is not absolute. 112 For example, it allows the criminal justice rules for children to be applied up to the age of 21. 113 The Committee endeavours to progressively remove normative (semantic) heteronomy. Amongst other things the Committee prescribes synthetic definitions of special terms or non-binding definition standards. It establishes the meanings of terms. For example, in relation to the domestic legal systems of the state signatories of the Convention it determines how such special terms as small child or early childhood are to be used. 114 Its normative proposals override the various definitions of small child and early childhood. Miscellaneous definitions are used in various states and regions in line with local tradition or based on primary school system arrangements. 115 A synthetic definition of early childhood and small child sets a uniform upper limit of eight years of age without exception. This age limit is a regulating characteristic. This non-binding standard does not have any other qualifying characteristics. The Committee for the Rights of the Child establishes the meanings of a number of terms. It establishes how terms which are or are not included in the Convention on the Rights of the Child should be used. The Committee establishes semantic equivalence between the terms unaccompanied children and unaccompanied minors . 116 The Committee uses the definition norm included in Article 1 of the Convention. As proposed by the Committee, unaccompanied children are children separated from both parents and other relatives, who are not cared for by any adult whose responsibility it is under custom or law to do so. 117 111 Committee of the Rights of the Child, General Comment No. 10 (2007), Children’s rights in juvenile justice, CRC/C/GC/10, 25 April 2007, p. 12. 112 Srov. LYNCH, N., Restorative Justice through a Children’s Rights Lens. The International Journal of Children’s Rights , 2010, Vol. 18, No. 2, pp. 173-174. 113 Committee of the Rights of the Child, General Comment No. 10 (2007), Children’s rights in juvenile justice, CRC/C/GC/10, 25 April 2007, p. 12. 114 Committee of the Rights of the Child, General Comment No. 7 (2005), Implementing child rights in early childhood, CRC/C/GC/7/Rev. 1, 20 September 2006, p. 2. 115 Ibid. 116 Committee on the Rights of the Child, General Comment No.6 (2005), Treatment of unaccompanied and separated children outside their country of origin, CRC/GC2005/6, 1 September 2006, p. 6. 117 Ibid.

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