Juvenile Laws at Chad
Chad's juvenile justice system is governed by several legal frameworks aimed at protecting the rights of minors and promoting rehabilitation over punishment.
Key Legislation:
Act No. 007/PR/1999 (6 April 1999): This act establishes juvenile courts in all first-instance courts, empowering them to impose custodial or rehabilitation measures, or sentences of imprisonment. For minors, a sentence of imprisonment is limited to half the minimum sentence prescribed for adults. The act also mandates that minors be separated from adults in detention facilities.
Criminal Code: Article 254 of the Criminal Code strictly prohibits corporal punishment of children.
Labour Code (Act No. 38 of 11 December 1996): Article 206 prohibits night work for children under 18 years of age.
Juvenile Justice System:
Age of Criminal Responsibility: Minors aged 13 to 18 are subject to criminal prosecution. For those under 13, the focus is on protection, assistance, and education measures.
Juvenile Courts: Established by Act No. 007/PR/1999, these courts handle cases involving minors and are tasked with ensuring that minors are separated from adults in detention facilities.
Pretrial Detention: Pretrial detention for minors should not exceed six months.
Challenges:
Implementation Issues: Despite legal provisions, there are reports of minors being detained with adults due to overcrowding in detention facilities.
Limited Access to Legal Aid: While legal aid is theoretically available, its implementation is limited, affecting minors' access to justice.
Lack of Specialized Facilities: The government intends to develop specialized facilities for minors, but as of the latest reports, such facilities are not yet fully established.
International Commitments:
Convention on the Rights of the Child (CRC): Chad has ratified the CRC, which takes precedence over Chadian legislation, except for the Constitution. However, the CRC has not been fully incorporated into national law.
International Conventions: Chad has ratified almost all international conventions and protocols on the rights of the child, demonstrating its commitment to international standards.
In summary, while Chad has established a legal framework for juvenile justice that emphasizes rehabilitation and protection, challenges remain in implementation, access to legal aid, and the development of specialized facilities for minors.
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