La mise en œuvre de l’article 40 de la convention internationale relative aux droits de l’enfant au Burundi.

  • Léonard Gacuko

Student thesis: Doc typesDoctor of Legal Studies

Abstract

Transgressive and criminal behaviour of youth is a reality in Burundi, but at present, there is no penal system of justice for this particular category of offenders. The common criminal and penitentiary system fail to respond correctly to youth delinquency. This failure of the adult criminal justice system to respond efficiently to the young criminal suggests that another paradigm should be adopted which could better reach the main objective of dealing with criminal youth which is to rehabilitate and reintegrate the young offenders into society, take account of the interests of victims and contribute to the reconciliation of society. Herein, the traditional mode of conflict resolution which promotes reconstitution and reconciliation through satisfaction of the victim’s harmed, could beneficially aid young offenders and restore the social fabric which has been torn by the offense committed by the child. For a resource poor country such as Burundi, the preference for a non-judicial procedure for child offenders while respecting their best interest, would constitute a viable alternative to the existing criminal and penitentiary system problematic in 3 ways; inefficient, disruptive of the social fabric, and expensive.
Date of Award21 Dec 2012
Original languageFrench
Awarding Institution
  • University of Namur
SupervisorJacques Fierens (Supervisor), Nathalie Colette-Basecqz (Jury), Charles Ntampaka (Jury), Etienne Montero Redondo (President), Gervais Gatunange (Co-Supervisor) & Thierry Moreau (Jury)

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