The legal and institutional framework for access to justice for juvenile offenders in Uganda

Abstract

The nature of a country’s legal and institutional framework on juvenile justice is critical in guaranteeing access to justice for juvenile offenders. Every civilised country needs to adopt an adequate legal and institutional framework to safeguard and guarantee that child offenders have their rights protected and can access justice. Juvenile offenders need special care, treatment and protection when placed under the justice system because they are vulnerable. The adoption of the United Nations Convention on the Rights of the Child (CRC) in 1989 ushered in a new epoch regarding children’s rights which was followed by the adoption of a children rights specific instrument for Africa, the African Charter on the Rights and Welfare of the Child (ACRWC) in 1990. Both of these instruments birthed several standards regarding the rights of children in the justice system. They ensured that children were no longer objects of intervention, turning them into legal persons capable of holding human rights and led to the development of a rights-based model to juvenile justice. Uganda ratified the CRC and the ACRWC in 1990 and 1994, respectively. In essence, Uganda became obligated to enact legislation domesticating the ACRWC and the CRC provisions with the objective of facilitating access to justice of juvenile offenders. This study examines Uganda’s legal and institutional juvenile justice framework to assess the extent to which it complies with international juvenile justice standards as set forth by the CRC and the ACRWC. The aim was to see how it protects the rights of juvenile offenders, guarantees their access to justice, and highlight the existent gaps that impede their access to justice. The study established that well as there is somewhat a sturdy legal framework, there exists a considerable disparity between the law and its implementation, which is the most significant impediment to children’s access to justice. The study also concluded that there are some existing gaps in the legal and institutional framework which can be remedied through taking several reforms, both legal and non-legal. The study thus offers several recommendations necessary to curb the gaps in the country’s legal and institutional framework.