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Being treated fairly by the law
What does this mean?
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It’s your right to be treated fairly by the law.
If a Garda stops you, you have the right to know why.
If you’ve broken the law and you’re under 18, you won’t go to prison, you will go to a detention centre.
EXAMPLE: In Ireland, efforts are made to keep children out of detention centres. There are diversion programmes run by the Gardaí to help keep children out of trouble with the law.
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Learn more about this right
Do I have this right in Ireland?
- UNCRC, article 40 – you have the right to legal help and fair treatment in the justice system that respects your rights.
- In Ireland you will not be sent to prison until you are over 18. If you’re under 18 and you’ve broken the law, you will be sent to a detention centre.
- The law in Ireland says that if you’re under 12, you are not responsible for your actions.
- Except for very serious crimes like murder, you can’t be charged with a crime in Ireland if you are under 12.
Links to other organisations
- The Courts Service – The Courts Service has information about how the courts work in Ireland and visiting a court with your class
- Know Your Rights – Find out more about children’s rights and the gardaí in Know Your Rights, a guide by the Irish Council for Civil Liberties and the Children’s Rights Alliance
- Children of Prisoners Europe – Listen and watch children with parents who are in prison speak about their experiences
- Spunout – Find out more about what your rights are if you are stopped by the Gardai
- Garda Youth Diversion Projects – are supported youth development projects which seek to divert young people from becoming involved (or further involved) in anti-social or criminal behaviour.