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Docs en anglais
publié le 19/03/2009
Document de 15 pages au format WORDTweeter
Within the population, we have on one hand an attitude of protection and educational full of hope, understanding and attention and on the other hand an anxiety with the adults specially when acts of violence are committed by minors. These two attitudes shape the will to establish a project of reform.
At present, the problem of the social reaction to the juvenile delinquency appears under various aspects. According to Françoise Tulkens and Thierry Morreau the "legal system oscillate between two poles. It is about a delinquency maladjusted and dangerous but also of a responsibility of the juvenile delinquents, to the associated, separate, confused and separate difficult of minors but always present".
The projects of reform oblige us to lift several important questions contained notably in a double glance, that of the European agreement of human rights and that of the international agreement relative to the rights of the child. These questions are relative to the definition of the juvenile delinquent, to the objectives and to the forms of the social reaction to the juvenile delinquency, to the freedom in the choice of the models and to the privation of the freedom. The international law listens that the measures taken towards the minor aim at their socialization and at their education. The minor indeed has specific rights such as the right to be educated by his parents (...)
Table of contents:
I) The French society in adaptation in front of the causes of the delinquency
A. The juvenile delinquency and the various models of reform
1. The model proposed by the committee Cornelis (1996)
2. Equip with the KU Leuven (1998)
3. The pragmatic model (in May, 2000)
B. The causes and the question of the responsibility of the delinquent
1. The causes of the crime
2. The question of the responsibility of the delinquent
II) The fundamental principles of France conceptualized by a restorer justice
A. The restorer justice
1. Repair of the damage
2. The notion of justice
B. General principles in France
1. The various thresholds of age
2. Principles of protection
3. The guarantees of the international law and the Conseil Constitutionnel
4. The measures applicable to the juvenile delinquents
Docs en anglais publié le 19/03/2009
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