Recommendation for Cambodia : study of diversions in juvenile justice in Japan, South Africa, and England

This thesis examines the role, value, and feasibility of diversion within juvenile justice systems by comparing practices in Japan, South Africa, and England, and assessing their potential application in Cambodia. Diversion, understood as the redirection of children accused of criminal offences away from formal judicial processes and custodial measures, is explored as both a legal obligation under international child‑rights standards and a practical strategy for protecting young offenders. The study first outlines the conceptual foundations of diversion, including its aims of preventing harm, promoting rehabilitation, safeguarding communities, and ensuring efficient use of state resources. It then analyzes how the three selected countries have implemented diversionary programs, highlighting successful models, institutional arrangements, and challenges faced in practice. The comparative analysis identifies factors such as legal frameworks, specialized juvenile personnel, community‑based support mechanisms, and culturally appropriate restorative practices as critical to effective diversion. These insights are used to evaluate the Cambodian context, where an absence of dedicated juvenile legislation, limited institutional capacity, and social and economic constraints have hindered the development of diversionary alternatives. The study assesses both opportunities and risks associated with introducing such programs, noting potential issues such as misuse of informal mechanisms, inadequate safeguards, and systemic resource shortages. Drawing from international experience, the thesis concludes that Cambodia can adopt diversionary measures tailored to its socio‑legal environment, provided that safeguards, clear legal standards, and coordinated institutional support are ensured. Recommendations are offered to guide policy reform, strengthen child‑friendly justice, and promote rehabilitation‑oriented responses for children in conflict with the law.