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Reframing Juvenile Justice Through a Human Rights Lens: Kenya and the U.S. Case Studies
Abstract
This chapter explores the reframing of juvenile justice through a human rights lens, using Kenya and the United States as comparative case studies. Both nations offer contrasting yet insightful approaches to juvenile justice, shaped by their legal frameworks and socio-political contexts. Kenya, as a signatory to key international treaties like the UN Convention on the Rights of the Child, emphasizes rehabilitation and diversion in its juvenile justice system. Conversely, the U.S., with its decentralized and punitive-focused approach, grapples with systemic issues such as racial disparities, the transfer of juveniles to adult courts, and over-incarceration. Through a comparative analysis, this chapter examines how each country's juvenile justice system aligns with or diverges from international human rights norms, highlighting implementation challenges, including resource constraints in Kenya and racial disparities in the U.S. The chapter underscores the need for reforms that prioritize the rights, dignity, and rehabilitation of young offenders globally.
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