Legal obligations of a lawyer and standards for the protection of minors in juvenile justice

Abstract

This paper examined the legal duties of a lawyer in the context of protecting the rights and interests of minors in juvenile justice. The purpose of the study was to critically analyse the standards of legal aid provided to minors and to determine the role of an attorney-at-law in modern processes related to the protection of their rights. The research methodology included an analysis of international standards for the protection of the rights of minors, a comparative study of Ukrainian legislation, and the study of practical cases from court cases related to the protection of childrenʼs rights. The main results showed that there are significant differences in approaches to protecting the rights of minors. In EU countries, such as Germany and France, the participation of a lawyer at all stages of the process is mandatory, as well as strict standards of confidentiality and child protection. In these jurisdictions, there are clear legal provisions that provide guarantees for minors. In Ukraine, however, there are gaps in legislation that complicate the protection of childrenʼs rights and lead to a lack of legal awareness among lawyers. The study also analysed the impact of juvenile protection standards on the overall state of juvenile justice and law enforcement in Ukraine. It was found that the lack of legal awareness of lawyers and the absence of clear regulations lead to violations of childrenʼs rights. This pointed to the need to improve the juvenile justice system in Ukraine. The findings highlighted the need to integrate European standards such as the mandatory participation of a lawyer at all stages of the judicial process, the protection of the confidentiality of minors, the observance of the principle of the best interests of the child, and the provision of access to legal aid regardless of social status. The implementation of these standards can significantly improve the human rights protection of minors and ensure effective legal assistance in private law disputes related to the protection of their rights and interests.