Disappointing, that William O’Neill, a human rights lawyer who ran the legal department of the first United Nations mission in 1993 said pretrial detention has never been a priority of the Haitian government. (Juevinille Justice, Accessed 7/28/2016) This is a flaw in the overall justice system in Haiti. However, for Haitian youth affected by this bad judgment, it can prove to have longer lasting negative effects on Haitians in the future.
CHAPTER 1
Defining Teenage Delinquency in Haiti: A conceptualized view
Haiti’s Youth Haiti is a former colony of France and remained so until it gained its independence in January 1804 being the first to successfully gain independence. …show more content…
Juvenile justice issues reveal the heart of issues. The Haitian Constitution is the law that governs the land. According to Article 16.2 of the Haitian Constitution of 1987, the age of majority is fixed at 18 years of age.
The Haitian law for minors indicates that between the ages of 13 and 16 should not receive criminal punishment. Contrarily, often where minors are charged and sanctioned for offenses, they find themselves waiting for justice like other adult criminals. Even though the law states that whatever crime they committed they are not to receive criminal punishment. It is instead mandated that they should receive a sentence to be served in a government designated rehabilitation center for delinquent youths.
There are several challenges implementing this law. One challenge in implementing this law effectively is the youth’s lack of an appropriate birth certificate to confirm their exact age. This minor detail often prevents authorities from making an accurate determination of whether or not the individual should be held as minors according to the standards under the law of 1961 for minors or as adults according to the criminal code applicable to …show more content…
Finally, the Constitution also includes specific provisions protecting economic, social and cultural rights. Among the protections relevant to the Commission’s report are the following: Vienna Convention on the Law of