Juvenile Laws at Sudan
Sudan's juvenile justice system is governed by a combination of statutory law, customary practices, and international commitments. While there have been efforts to align with international standards, significant challenges remain in ensuring the protection and rehabilitation of minors in conflict with the law.
โ๏ธ Legal Framework
Child Act 2004: This legislation defines a child as anyone under 18 and prioritizes the protection and best interests of the child in all decisions. It prohibits corporal punishment in schools and mandates free education for children starting at age 6. The Act also addresses child labor, restricting employment in industrial work for children under 15 and setting conditions for those between 14 and 18. Additionally, it prohibits the use of children in armed conflict, forced labor, illicit trade, and sexual exploitation
Criminal Act 1991: This Act incorporates elements of Shari'a law and defines various offenses and their punishments. It includes provisions for hudud (fixed punishments for severe crimes), qisas (retributive justice), and ta'zir (discretionary punishments)
Penal Code Ambiguities: Article 8 of the Penal Code states that only a responsible individual who has reached the age of puberty can face capital punishment. However, the term "puberty" is not clearly defined, leading to inconsistencies in its application
๐ Juvenile Justice System
Juvenile Courts:The Child Act 2004 establishes juvenile courts with jurisdiction over cases involving minors, However, there are concerns about the adequacy of these courts and the treatment of minors within the judicial system
Detention Facilities: Minors are generally sent to Juvenile Corrective Services Centers, such as those in Jeriaf and Bahri, even for serious offenses, However, if minors are tried in regular courts, they may not enter these centers unless retried in juvenile court.
Prison Conditions: Reports indicate that prison conditions in Sudan are harsh, overcrowded, and lacking in adequate healthcare and sanitation, Juveniles are often housed with adult offenders, which can expose them to abuse and exploitation
โ ๏ธ Capital Punishment and International Commitments
Death Sentences for Minors:Despite ratifying the Convention on the Rights of the Child, which prohibits the death penalty for offenses committed by minors, Sudan has sentenced minors to death๎๎In 2009, a 19-year-old was executed for a crime committed at age 17
International Obligations: Sudan's ratification of the CRC means that the provisions of the Convention take precedence over national law and may be directly invoked before Sudanese courts, Children are permitted to bring actions before national courts to challenge violations of their rights but must do so through a guardian
๐ Challenges and Concerns
Access to Justice Limited access to legal aid and resources hampers the ability of minors to navigate the judicial system effectivel. Many families, especially in rural areas, face difficulties in securing legal representation for their children
Cultural Practices Traditional practices, such as those in khalawi (religious schools), have been associated with child abuse, including corporal punishment and sexual exploitation. These practices raise concerns about the protection of children's rights within these institutions.
In summary, while Sudan has established legal frameworks aimed at protecting minors in conflict with the law, significant challenges persist in ensuring their rights are upheld. Efforts to reform the juvenile justice system and address systemic issues are ongoing but require sustained commitment and resources to effect meaningful change.
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