CONSTITUTIONAL GUARANTEES OF JUVENILES IN CRIMINAL PROCEEDINGS: PROCEDURAL SAFEGUARDS AND HUMAN RIGHTS STANDARDS

Abstract

The protection of juveniles in criminal proceedings represents a central issue at the intersection of constitutional law, criminal procedure, and international human rights law. Children involved in criminal justice systems are particularly vulnerable and therefore require procedural safeguards adapted to their age, maturity, and psychological development. This paper examines the constitutional and human rights foundations of procedural protections for juveniles in criminal proceedings within the European legal framework. The analysis focuses on several key questions: the influence of constitutional principles on criminal procedure when the defendant is a minor; the procedural safeguards required by international human rights instruments; the interpretation of fair trial guarantees in cases involving juveniles by the European Court of Human Rights; the contribution of Directive (EU) 2016/800 to the harmonisation of procedural safeguards within the European Union; and the practical challenges associated with the implementation of these standards in national legal systems.

The paper first explores the constitutional foundations of juvenile justice, including the principles of fair trial, proportionality, and the best interests of the child. It then analyses core procedural safeguards such as the right to legal assistance, adaptation of proceedings to the needs of minors, protection from detention, and effective participation. Particular attention is devoted to the jurisprudence of the European Court of Human Rights and the case law of the Court of Justice of the European Union interpreting Directive 2016/800. The article concludes that although European legal instruments have significantly strengthened the protection of juvenile defendants, important challenges remain in ensuring effective implementation of these safeguards in practice. Strengthening constitutional guarantees, improving professional training, and enhancing child-friendly procedural mechanisms are essential for ensuring that criminal proceedings involving juveniles comply with the highest standards of human rights protection.