A Study of Tanzania’s Non-Compliance with its obligation to domesticate International Juvenile justice standards in comparison with SOUTH AFRICA

Mashamba, Julius Clement (2013) A Study of Tanzania’s Non-Compliance with its obligation to domesticate International Juvenile justice standards in comparison with SOUTH AFRICA. ["eprint_fieldopt_thesis_type_phd" not defined] thesis, The Open University of Tanzania.

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Abstract

his study aims at making a comparative examination of the administration of juvenile justice systems in South Africa and Tanzania with a view to establishing the extent to which the Tanzanian Government has effectively honoured its obligations to domesticated international juvenile justice standards for the protection of the rights of children in conflict with the law. Divided into eight chapters, the methodology adopted by this study is the “legal centralism approach”, which centres on the laws that are made and enforced by the state. In this context, the study employed both field and library research; whereby relevant international human rights instruments and municipal laws were analysed in the context of data obtained from the field. In the main, the study has noted that, whereas South Africa has effectively domesticated international juvenile justice standards in the Child Justice Act (the CJA), Tanzania has not effectively domesticated those standards because provisions relating to children in conflict with the law as set out in Part IX of the Tanzanian Law of the Child Act (the LCA) are not sufficient to adequately protect the rights of offending children. As such, the thesis has recommended for the amelioration of this situation, including constitutionalisation of child rights and enacting a specific law to protect the rights of children in conflict with the law. The proposed constitutional and legislative reforms can help to spell out the juvenile justice system, prerequisite structures, procedures, specialized staff and premises for processing child offenders.

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