The Right of Juvenile Delinquents to a Fair Trial according to Palestinian Law in Light of International Agreements

Abstract

This research examines the protection of juvenile rights under Palestinian legislation, analysed within the framework of relevant international treaties and conventions. The study delineates the procedural framework of the Juvenile Court, the practical measures undertaken during juvenile trials, and the applicable legal provisions governing juvenile criminal proceedings. It further evaluates the degree to which Palestinian institutions adhere to international standards in the care, protection, and rehabilitation of juveniles in conflict with the law.

Adopting a doctrinal and analytical approach, the research addresses the shortcomings and challenges inherent in Palestinian juvenile justice legislation, assesses its compliance with binding international instruments, and explores the legal and procedural gaps that hinder the effective resolution of juvenile cases and the prevention of their progression into more serious criminal behaviour.

The analysis focuses on the alignment of Palestinian legislative and judicial practices with international norms and standards, identifying areas of divergence and proposing mechanisms to ensure conformity.

Findings indicate that Palestinian legislation is largely consistent with the obligations enshrined in international conventions concerning juvenile justice, particularly Article 3 of Decision No. 4 of 2016, which underscores the imperative of safeguarding due process guarantees for juveniles during trial proceedings. This includes ensuring adequate legal protection, facilitating rehabilitation, and promoting reintegration into society.

Key recommendations include the institutionalisation of continuous capacity-building programmes for judicial personnel on juvenile justice, increasing the number of appointed child protection officers, and ensuring that courts are provided with comprehensive social inquiry reports in all cases involving juvenile offenders.