Young Offenders' Right to Integration post Human Rights Act 1998: Work as punishment, rehabilitation and enabler

Abstract

A combination of international children's rights instruments and regional human rights protection framework has ensured the protection of children in custody. Whilst the United Kingdom has ratified the Convention on the Protection of the Rights of the Child, its provisions have not been implemented directly into domestic law. Nevertheless, domestic legislation providing for the safeguarding of young offenders in combination with the Human Rights Act 1998 has ensured that their rights are safeguarded. The recent election campaign once again brought out the debate over the relationship between the European Court of Human Rights and the UK Parliament. In this article, the authors seek to ascertain whether the proposed repeal of the Human Rights Act 1998 will disadvantage young offenders and, specifically, whether it will compromise their right to education and training whilst in custody, which is designed to enable their rehabilitation and (re)integration into society post-release.