Juvenile justice in Cambodia and Vietnam. Analysis of legal framework, practice and impact on children in conflict with the law"

Objectives and Methodology Various aspects of Juvenile Justice (JJ) minimum standards, legislation and practice were examined in Vietnam and Cambodia, focusing primarily on juvenile perpetrators of child sexual abuse. The... [ view full abstract ]

Objectives and Methodology

Various aspects of Juvenile Justice (JJ) minimum standards, legislation and practice were examined in Vietnam and Cambodia, focusing primarily on juvenile perpetrators of child sexual abuse. The research aimed to support World Vision Cambodia and Vietnam and its institutional partners to support the current review of juvenile legislation and practices, and adherence to international standards and child-sensitive procedures for Children in Conflict with the Law (CICL) during different stages of the justice system. Information through desk research, surveys and key informant interviews identified gaps and abuses that occur to CICL in Cambodia and Vietnam, with corresponding analysis and recommendations.

Results

Detailed gap analyses of the two JJ frameworks contribute to the legal revision process happening in both countries, and advocate for addressing the gaps in the current legislation and practices, as there are major concerns of unfriendly prosecution practices, lack of psychological and legal insights by concerned officers, social workers and family members of CICL and violations of their rights in the different stages of the justice process. Examining case studies of juvenile perpetrators of sexual abuse illustrates the importance of early prevention and services to address sexually harmful behavior of juveniles, with increasing risk of sexual abuse by peers during detention. These behavioral rather than criminal problems should be addressed through community based education rather than going through the justice system.

Conclusion

Existing and effective CICL services (including prevention, diversion pilots, legal aid, reintegration and rehabilitation services like vocational training and therapeutic services) should be rolled out by government and specialized NGOs to other parts of the country or other prisons, filling the gaps that prevent the effective implementation of JJ laws. Less CICL will fall between the cracks, including those under the age of criminal liability or with sexually harmful behavior.