BABSEACLE hosted the Asia Fair Trial Practices Roundtable, titled ‘Ensuring Fair Trial Practices for Juveniles’, on Thursday, November 28th, 2024. The roundtable brought together over 50 practicing lawyers, including university academics, law students, and representatives from for-profit and not-for-profit organizations, to explore effective strategies for ensuring legal proceedings are fair, protect the rights of juveniles, and prioritize the well-being and development of young individuals. Jane Sanders from the Shopfront Youth Legal Centre discussed a foundational issue related to fair trials and juveniles: the right to counsel or legal representation, stressing that this right for children must be ensured—they must have the opportunity to receive free legal assistance, know where to access it, and have some choices in the matter, taking into account their vulnerability and other issues such as confessions, pretrial detention, speedy trial, and the need for assistance in the trial process with intermediaries. Kate Flower from the Centre for Law and Transformative Change spoke about Cambodia’s legal history and the challenges in ensuring fair trial rights for juveniles. She emphasized progress in recognizing the developmental needs of young people in the justice system, marking a shift toward a more humane, rehabilitative approach. She also highlighted community involvement, social services, and NGO interventions, showcasing a range of locally-led initiatives, such as the child justice network and its diversion program, along with trial monitoring, and policy dialogue with the government. James Hsiao and Stephanie Zhao from White & Case discussed juvenile representation models: direct representation, where the child is treated as a client with confidentiality and instructions, and the best interest model, where the representative advocates based on the child’s best interests. They presented case studies to help participants understand the considerations in choosing between these two approaches. Nan Sandar Aye from IBJ Myanmar broadened participants' understanding of working with juveniles in Myanmar, particularly those involved in drug offenses. She discussed specific challenges related to these cases, including the need for proper evidence, appropriate drug possession charges to ensure greater rights and protections, as well as fair trials for people who use drugs. This roundtable would not have been possible without the support of our speakers, facilitator, and participants. Thank you for making it such an enriching experience and for your commitment to advancing fair and effective justice systems for juveniles worldwide. Together, we are making a positive impact! #FairTrials #JuvenileJustice #RuleOfLaw #AccessToJustice
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Founder, KSJ Legal & Principal Attorney Ms. Khushbakht Shah Jillani will be attending the HCCH - Hague Conference on Private International Law Forum on Domestic Violence & the Operation of Article 13(1)(B) of the 1980 Child Abduction Convention happening in-person [& online] at Sandton, South Africa from 18 to 21 June 2024. KSJ Legal's participation is monumental in understanding the implications of invoking Article 13(1)(B) in proceedings under the Hague Convention on the Civil Aspects of International Parental Abduction 1980 as it has represented and advised US-Pakistani clients on the same. This participation aims to contribute to adopting best practices from Pakistan's perspective –one which is smooth and less traumatic for both parents and children. Learn more about the HCCH - Hague Conference on Private International Law Forum here: https://lnkd.in/eytQ5BwF Learn about Pakistan's ratification of the Hague Convention on Parental Abduction here: https://lnkd.in/eSrUp6BT . . . #hagueconvention #Hague #child #childrights #rightsbasedapproach #effective #parentalabduction #protectingmothers #savethechildren #criminaljustice #justice #lawyers #familylaw #familylawyers #familylawattorney
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I'm increasingly meeting what we call "Hague Mothers" who are the victims of the misapplication of Hague Convention on Child Abduction (HCCA) Context: marriage takes place in Pakistan and the couple later migrates abroad where they create their marital home. Relationship breaks down and the couple starts fighting over who gets the children. When no agreement is reached, one parent leaves the marital abode *with the children* back to Pakistan or to another jurisdiction. This 'act of removing children' invokes the HCCA. A recent case I'm handling required me to dig into a 700 page trial under the Convention tried by the Superior Court of California to understand my client's custody case in depth. And it was the misapplication of Article 13(1)(B) [ground of domestic violence] in addition to lack of understanding of Islamic principles applicable in a Muslim marriage that led to my client losing the Hague case in California. Perspectives from across the board are important for successful and sensitive application of the Convention, which is what I plan to do with my participation in this FORUM by HCCH - Hague Conference on Private International Law. Muslim couples and those from Pakistan operate from/in a very unique ecosystem where family law is read with the Muslim Personal Law: and understanding the same is crucial. Having said that, Pakistani lawyers need to also refrain from giving reckless advice to female clients that does more damage than good. Recent judgment by the Sindh High Court on the Convention is an example of misapplication and lack of will to help the 'Hague Mothers'. There needs to be active resistance towards antagonising the mothers who have to leave marital homes under immense pressure, health and safety risks. Situations like such require utmost sensitivity, empathy, a solid legal plan and the will to make things better. . . . . #domesticviolenceawareness #HCCH #Hagueconvention #child #childabduction #Abduction #parental #childrights #happyfamilies #familylaw #familylawyer
Founder, KSJ Legal & Principal Attorney Ms. Khushbakht Shah Jillani will be attending the HCCH - Hague Conference on Private International Law Forum on Domestic Violence & the Operation of Article 13(1)(B) of the 1980 Child Abduction Convention happening in-person [& online] at Sandton, South Africa from 18 to 21 June 2024. KSJ Legal's participation is monumental in understanding the implications of invoking Article 13(1)(B) in proceedings under the Hague Convention on the Civil Aspects of International Parental Abduction 1980 as it has represented and advised US-Pakistani clients on the same. This participation aims to contribute to adopting best practices from Pakistan's perspective –one which is smooth and less traumatic for both parents and children. Learn more about the HCCH - Hague Conference on Private International Law Forum here: https://lnkd.in/eytQ5BwF Learn about Pakistan's ratification of the Hague Convention on Parental Abduction here: https://lnkd.in/eSrUp6BT . . . #hagueconvention #Hague #child #childrights #rightsbasedapproach #effective #parentalabduction #protectingmothers #savethechildren #criminaljustice #justice #lawyers #familylaw #familylawyers #familylawattorney
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Funds from the Massachusetts IOLTA Committee make a significant difference in the lives of real people and in our communities by supporting legal help for people across the Commonwealth who cannot afford an attorney. In partnership with the Massachusetts Legal Assistance Corporation, the Massachusetts Bar Foundation, and the Boston Bar Foundation of the Boston Bar Association, IOLTA grants increase the capacity of legal aid organizations to offer critical assistance to those who have few resources to address civil legal issues, including domestic violence, housing, immigration status, child advocacy, family law, discrimination, and health care. Learn more about the IOLTA program and where that money goes: http://ow.ly/Trtq50Jzpg5 #LegalAidChangesLives #JusticeForAll
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The deadline for pre-registration for the Forum on Domestic Violence and the Operation of Article 13(1)(b) of the 1980 Child Abduction Convention is this Friday 19 April, 5.00 p.m. (CEST). The Forum is intended to provide an informal setting in which participants can engage in an open, respectful and constructive dialogue on return proceedings where domestic violence is raised as a defense to the return of the child under Article 13(1)(b) of the 1980 Child Abduction Convention. The Forum will be held in South Africa from Tuesday 18 to Friday 21 June 2024. While in-person participation is strongly encouraged, passive online participation (listening only) will be possible. Registration of all interested delegates and experts will occur in two stages, commencing with pre-registration by e-mail. The Forum is not only open to delegates from HCCH Members and non-Member Contracting Parties to the Child Abduction Convention, but also to other interested parties, including, judges, legal practitioners, advocates for victims of domestic violence and left-behind parents, academic researchers, psychologists, and other subject-matter experts. The final composition of the Forum’s participants, in particular as regards in-person attendance, will be determined by reference to geographical balance, a mix of legal system traditions, and a broad and balanced range of expertise among attendees. For more information, and to pre-register by this Friday, please visit: https://bit.ly/4aDTaIb #HCCH #privateinternationallaw #internationallaw #internationalfamily law #familylaw #childabduction #childprotection
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As we wrap up #YJAM please take a look at this blog from our youth advocates working to educate people about the harms of the juvenile legal system and institutional placements. https://lnkd.in/eQCUPAYt
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Last week, ISS/IRC Children's Rights Specialist Giovanna Ricciardi met with Ignacio Goicoechea, Representative for Latin America and the Caribbean of the HCCH - Hague Conference on Private International Law during the International Congress of the International Association of Family Law Jurists AIJUDEFA (Asociación Internacional de Juristas de Derecho de Familia). The congress represented a great forum to stress the importance of ratifying and implementing the HCCH 1996 Child Protection Convention and discuss future joint efforts in the region. Learn more about ISS/IRC activities and advocacy in #childprotection here https://lnkd.in/eVKDVjT6. #ISS100 #childprotection #privateinternationallaw #childrensrights #ISSpioneeradvocacy
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Egale Canada’s 2024-2027 Strategic Plan is now available at https://lnkd.in/g-Taij2w The 2024-2027 strategic plan outlines how our core pillars, Research, Education, Awareness, and Legal Advocacy, will inform one another, and work together to help advance our vision of a Canada, and ultimately a world, without homophobia, biphobia, transphobia, and all other forms of oppression. And help solve the complex and growing issues facing the 2SLGBTQI communities today - one we at Egale are prepared to assert with strategy, law, data and our communities and allies by our side.
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🔍 Addressing Systemic Challenges in Youth Defense: Ensuring Qualified Representation for Cleveland’s Youth 🔍 A recent investigation has highlighted significant gaps in the legal defense provided to over 1,200 children in Cuyahoga County since 2020. Many of these young individuals, facing serious charges, were represented by court-appointed attorneys who lacked the state-required qualifications. This has led to concerns over fairness and equity within the juvenile justice system, with long-term implications for both the youth involved and their communities. Ohio’s qualification standards are intended to ensure that attorneys handling juvenile cases are equipped with specialized training in youth defense. However, systemic barriers and administrative hurdles have contributed to a shortage of qualified attorneys taking on these cases, disproportionately affecting Black youth who are often transferred to adult court without fully understanding their legal rights. 🔗 Please read the full article here https://bit.ly/3Tn9GWH At the Partnership for a Safer Cleveland, we are committed to driving change by advocating for reforms that ensure every child in our community receives the qualified, capable defense they deserve. This is a critical moment for collaboration between legal professionals, policymakers, and community advocates to address these systemic shortcomings and rebuild trust in the system. 📢 Let’s work together to create a more equitable justice system for all. #YouthJustice #LegalReform #Cleveland #JuvenileLaw #Equity #CommunityAdvocacy #JusticeForAll #SaferCleveland
How 1,200 Kids in Cuyahoga County Had Attorneys Lacking Qualifications
themarshallproject.org
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𝐌𝐨𝐫𝐨𝐜𝐜𝐨 𝐩𝐫𝐨𝐩𝐨𝐬𝐞𝐬 𝐟𝐚𝐦𝐢𝐥𝐲 𝐥𝐚𝐰 𝐫𝐞𝐟𝐨𝐫𝐦𝐬 𝐭𝐨 𝐢𝐦𝐩𝐫𝐨𝐯𝐞 𝐰𝐨𝐦𝐞𝐧'𝐬 𝐫𝐢𝐠𝐡𝐭𝐬 Morocco unveiled major reforms to its family law on Tuesday in Rabat, the first review in 20 years. The changes aim to strengthen women’s rights in child custody, guardianship, and polygamy while addressing societal shifts. Read More: https://lnkd.in/gweVKPEk #AsiaOne #AsiaOneMagazine #WomensRights #GenderEquality #EmpowerWomen #HumanRights #EqualityForAll #FeminismMatters #HerVoiceMatters #JusticeForWomen #Politics
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Imagine facing an international child abduction case, where your child is taken to another country, and the other parent refuses to return them. This complex scenario is precisely what my client experienced when his child was wrongfully retained in Peru. Leveraging the Hague Convention as the initial framework, I pursued a strategic legal approach that ultimately led to success in Peruvian courts. 💼 The result? The child was safely reunited with his father in the United States. 🇺🇸 International custody disputes require a nuanced understanding of both local and international law. With my expertise in navigating these challenging cases, I provide clients with clarity, confidence, and effective legal representation. If you are facing a similar issue, let’s discuss how I can support your case and help safeguard your parental rights. #FamilyLaw #InternationalLaw #LegalExpertise #ChildCustody #ParentalRights
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