Children's Rights from a Criminal Perspective: Procedural Safeguards During Criminal Proceedings.

In recent years, the criminal justice system has undergone significant changes to ensure that the rights of individuals are protected during criminal proceedings. One of the most vulnerable groups within this system is children who are suspected or accused of committing a crime. This master's thesis aims to provide a comprehensive analysis of the procedural safeguards provided to children during criminal proceedings, with a specific focus on the legal framework within the European Union. Chapter One offers a historical perspective on the development of children's legal status and its evolution over different periods. The chapter also analyses the most relevant international legal framework that contributed to the constitutionalization of children's rights, with a particular focus on the United Nations Convention on the Rights of the Child (UN CRC), which provides legal guarantees for children in conflict with the law. Chapter Two examines children's legal position within European Law from the perspective of two different legally binding instruments adopted by the Council of European Union and the European Union. This chapter provides a thorough analysis of the correlation between the European Union Charter of Fundamental Rights, the European Convention on Human Rights (ECHR), and the UN CRC. Chapter Three analyses the Procedural Safeguard Directive (2016/800/EU), which is one of the most important legal instruments offering various legal guarantees and rights for children involved in criminal proceedings. The chapter also highlights the issues that have been raised in recent years regarding the Directive's implementation. Chapter Four provides a detailed analysis of the legal guarantees provided in the Procedural Safeguard Directive and their practical implementation in each stage of the execution phase. This chapter critically evaluates the effectiveness of these safeguards in protecting the rights of children during criminal proceedings. This master's thesis aims to contribute to the ongoing debate about procedural safeguards during criminal proceedings for children. It offers a comprehensive analysis of the legal framework within the European Union and evaluates the effectiveness of the safeguards in place. This research aims to highlight the importance of protecting the rights of children within the criminal justice system and provide recommendations for policymakers and practitioners to ensure that children's rights are protected throughout the criminal justice process.