FROM FORMAL GUARANTEES TO EFFECTIVE PARTICIPATION: WHAT UZBEKISTAN CAN LEARN FROM GERMAN, BRITISH AND EUROPEAN STANDARDS ON THE PROCEDURAL RIGHTS OF MINORS IN CRIMINAL PROCEEDINGS

Аннотация

This article compares the models used to secure the procedural rights of minors in criminal proceedings in Germany, England and Wales, Directive (EU) 2016/800 and the case-law of the European Court of Human Rights. It shows that what these systems share is a functional criterion: rights are judged by their real influence on decisions rather than by their presence in the statute. Drawing on a study of 156 criminal cases from Uzbek court practice, the author proposes that Uzbekistan introduce a mandatory social inquiry report, a single video-recorded interview for child victims and witnesses, a pre-trial correction (diversion) system and a "child rights screening" step before procedural decisions.