In the Socialist Republic of Vietnam the administrative law system permits executive authorities to detain children who have committed minor violations of the law for up to two years in reform schools. Under Vietnamese law these children have not committed a criminal offence and remain outside the protections of article 14 of the International Covenant on Civil and Political Rights (ICCPR). However, the Human Rights Committee allows for the full application of Article 14 and the right to a fair trial to situations where individuals are charged with offences under laws distinct from the criminal law, but which are nevertheless ‘criminal’ in nature. This article will pose the question: are children under Vietnamese administrative law being charged with a ‘criminal’ offence. This paper finds that Vietnamese authorities must treat the administrative detention of juveniles as a ‘criminal’ punishment and accord these children their article 14 rights.
- criminal charge,
- administrative law,
- administrative detention,
- appreciably detrimental
Available at: http://works.bepress.com/cheryl_lorens/1/