Minority in international legal regulations

• Author: Marian Alexandru
• Position: Ph.D. Prosecutor, Office of the Court of Appeal Constanta
• Pages: 197-201

MINORITY IN INTERNATIONAL LEGAL REGULATIONS

Marian Alexandru

Abstract

The transgr ession related phenomenon among minors ra ises specific prevention and combat issues, due

to many factors that lea d to the adoption of a transgr ession related behavior by minors.

The juvenile criminality is an interest topic n ot only for specialists in educa tion and protection, but a lso

for those situa ted into the field of criminal law, cr iminology, sociology, philosophy, biology; in ad dition, it is an

interest topic for many governmental and nongovernmental organizations, as well a s for preoccupa tions of

certain p eople with humanitaria n particular initiatives.

Key words: juvenile criminality, Interna tional Legal Regulations, minors.

Introduction

The transgr ession related phenomenon among minors ra ises specific prevention and combat issues, due

to many factors th at lead to the adoption of a tra nsgression related behavior by minors – segment of popula tion

extremely vulnerable, who a re into the sta ge of personality development, ea sy to be influenced and receptive to

external stimuli (positive and negative).

1. International provisions applicable to minor transgressors

The transgression related phenomenon among minors raises specific prevention and combat issues, due

to many factors that lead to the adoption of a transgression related behavior by minors – segment of population

extremely vulnerable, who are into the stage of personality development, easy to be influenced and receptive to

external stimuli (positive and negative).

The evolution of juvenile delinquency into the contemporary context, even with certain differences

from one country to another, d ue to frequency, tendencies and forms of a ction, continues to maintain in alert

even the most competent international bodies, especially the Uni ted Nations, and on our continent, European

Council.

The juvenile criminality is a n interest topic not only for specialists in education and protection, but also

for those situated into the field of criminal law, criminology, sociology, philosophy, biology; in addition, it is an

interest topic for many gove rnmental and nongovernmental organizations, as well as for preoccupations of

certain people with humanitarian particular initiatives.

The preoccupations into the international community for the acknowledgement of different need s and

children vulnerability as human beings have developed even from the first decades of the last centur y.

Thus, in 1924, to t he 5th Congress of Lea gue of Nations, there was a statement adopted in five points

regarding the children rights, known under the name of “Geneva Statement”. An extended version was approved

in 1948 by UN General Me eting and in 1959 a statement was adopted regarding the ten basic principles over the

child wealth and protection.

On the first international Congress for combat, prevention and treatment of de faulters of 1955, a series

of minimal rules were adopted for jails and prisoners. These recommendations refer to young people and settle

the principle of separating the “young prisoners” from the arrested adults, and they had been appro ved by the

Economic and Social Council by resolution no. 603/C (XXIV) as of July 31 st 1957.

The International Convention for Civil and Political Rights of 1966 has reiterated such principles,

forbidding the death sentence for the persons found guilty of a crime committed when they were under 18 (art.

6.5.). The convention contains protection measures applicable to all persons on trial or arrest and it foresees that

“in case of young people, the legal proce dure shall be carried out so that their age is ta ken into account, as well

as their will to rehabilitate (art. 14.4)”. The convention – referred to as the Pact over Civil and Political Rights in

the specialized literature – brings new principles and legal guarantees against the abusive exercise of public

power, a mong which we can also en umerate the special procedures for minors who committed transgressions

(art. 14.4) and the penitentiary status for minors (art. 10.2 letter b).

The convention against torture and other punishments or cruel, inhuman or degrading

1 treatments

represent another important moment into the process of elaborating and regulating into the international

legislation the treatment to those who are into the execution of an incarceration related punishment.

2. Regulations of the United Nations Organization

 Ph.D. Prosecutor, Office of the Court of Appeal Constanta, e-mail: marian_alexandru_ct@yahoo.com

1 The Convention was adopted and open to signature by the General Meeting of United Nations, by the Resolution 39/46 as of 10 December

1984. Romania ratified the Convention of November 9th 1990 by Law no. 19/1990 (Official Gazette no. 112 as of October 10th 1990).