The role of international law in juvenile justice Reform in south africa

Abstract

This t hesis w ill seek to trace and to analyse the impact of international chi ldren's rights law upon the process of juvenile justice reform in South Africa during the past decade. As documented more fully in Chapter 2 (International Law and Juvenile Justice Reform), repressive juvenile justice laws and practices were highlig hted by advocacy groups during the mid to late 1980s and early 1990s prior to the adoption of the interim Constitution of 1994. Subsequent to democratic elections in 1994, juvenile justice reform continued to remain high on the political agenda during the first years of transition to democracy. Legislative reforms were in itiated shortly after this, and a succession of amendments and draft legislative proposa ls were put forward . Afte r t he adoption of the final Constitution in 1996, a process of juvenile justice law reform was undertaken by the South African Law Commission, and a number of significant judicial decisions were handed down . The influence of international law upon these various legal developments and initiatives will consequently form the central topic of analysis.