The role of the courts in protecting children’s rights in the context of police questioning in Ireland and New Zealand

The role of the courts in protecting children’s rights in the context of police questioning in Ireland and New Zealand

Abstract

Ensuring safeguards are in place from the earliest stages of criminal investigation is essential to ensure that children’s rights in the youth justice system are adequately protected. The rights of children in conflict with the law are protected under the UN Convention on the Rights of the Child (UNCRC), and in situations where these rights are breached, children must have access to an effective remedy. National courts have a role to play in ensuring that children’s rights are protected and in providing necessary remedies. This article explores the role the courts have played in upholding children’s rights in the police questioning process in Ireland and in New Zealand.