KNOW YOUR RIGHTS: Rights of child delinquents

This piece of writing pertains to the rights of those children who commit crimes. It therefore seems quite necessary to first point out that this information is not meant to encourage you to go forth and ‘sin’ as much as you please.

Tuesday, June 07, 2016

This piece of writing pertains to the rights of those children who commit crimes. It therefore seems quite necessary to first point out that this information is not meant to encourage you to go forth and ‘sin’ as much as you please. 

Having said that, let’s get into the rights of those children who find themselves on the wrong side of the law. Those known as juvenile delinquents.

On the administration of Juvenile Justice, article 17 of the African Charter on the rights and welfare of the child states: Every child accused or found guilty of having infringed penal law shall have the right to special treatment in a manner consistent with the child’s sense of dignity and worth and which reinforces the child’s respect for human rights and fundamental freedoms of others.

The article above basically says that those who give rulings should be lenient so that the children who are found in wrong are given a chance to learn and be better.

However, when you commit a crime, you cannot determine what punishment will be given to you. You can’t say, "My crime is small, I should get a small punishment.”

At least that is what article 140, paragraph four of the Rwandan constitution says. "Justice is rendered in the name of the people and nobody may be a judge in his or her own cause.”

The minimum age at which you can be convicted for a crime according to Rwandan penal code article 58 is fourteen.

This doesn’t mean that if are below fourteen, you are free to run wild causing chaos. You will not go scotch-free.

Article 140 goes on to explain that the "damages resulting from an infringement committed by a child are guaranteed by his/her parents or guardian in accordance with laws.”

That means that the people who take care of you are likely to be punished for your wrongdoing. It will affect you and everyone that you love.

However, you may be happy to know that when you commit a crime, the judge will not give you a death sentence.

Paragraph 3 article five of the African Charter on the rights and welfare of the child says, "Death sentence shall not be pronounced for crimes committed by children.”

However, it is important to know that criminal activities such as drug and alcohol abuse, stealing and many others are a likely cause of death.