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The Legal Philosophy of Protecting a Suspect Child
Mid Sweden University, Faculty of Human Sciences, Department of Social Sciences.
Responsible organisation
2006 (English)In: Journal of the XVII World Congress of the International Association of Youth andFamily Judges and Magistrates in Belfast, Northern Ireland, 27 August – 1September 2006, 2006Conference paper, Published paper (Refereed)
Abstract [en]

The rapid development of the law governing the protection of children implies clearly that they are definitely the formable generation of international social construction. Consequently, the legal philosophy of protecting a suspect child must bear several important principles before, during and after the criminal proceedings and should guarantee the demand of law and order. This includes the application of the law within national and international courts. It is therefore of great importance that the fundamental distinctive marks of legal security are clearly presented for a child under suspicion of a crime as well as for the relevant legal system. In a constitutional state as well as in an international sphere, and particularly within the legal areas of criminal law and criminal procedural legislation, law and order is recognized by the effective implementation of the principles of de lege lata, objectivity, proportionality and that any action by a legal authority may be foreseen. Any divergence from such a practice may not only harm the child but also the international community as a whole. In other words, the comparative focus of the law of different nations should have the same consequence in the demand of law and order.

Place, publisher, year, edition, pages
2006.
Keyword [en]
protection, suspect child, law and order, de lege lata, objectivity, proportionality, action foreseen
National Category
Law
Identifiers
URN: urn:nbn:se:miun:diva-6422Local ID: 4789OAI: oai:DiVA.org:miun-6422DiVA: diva2:31461
Available from: 2009-01-28 Created: 2009-01-28Bibliographically approved

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Nordlöf, Kerstin

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