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Being treated fairly by the law
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What does this mean?
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.
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.
