Juvenile Justice Systems in Europe: current situation,

trends in applicable models and good practices

Director IJJO

Cédric Foussard IJJO Director

Index

- IJJO Presentation

- OIJJ Recommendations

-Juvenile Justice in Europe: a Common Voice

- Conclusions

International Juvenile Justice Observatory (IJJO): International foundation based in Brussels (Belgium) recognised by the government as a Public Utility organization.

Vision: International and interdisciplinary on juvenile justice.

International development of appropriate policies, legislations and intervention methods in the context of a global juvenile justice without frontiers.

Our target group: Universities, NGOs and administration, institutions concerned by the situation of young people at risk of exclusion and reclusion.

1.- IJJO Presentation

III International IJJO Conference Valencia (Spain) 2009: "Juvenile Justice Systems in Europe: current situation, trends in applicable models and good practices".

The III International Conference of the IJJO was concluded presenting The Joint Declaration on Harmonising the Juvenile Justice Systems at the European Level.

Our Joint Declaration establishes the following recommendations to be put in practice in European Juvenile Justice Systems to promote an unified response towards young offenders, following :

– International Standards– Worldwide Experiences

The Joint Declaration was presented in The Twelfth United Nations Congress on Crime Prevention and Criminal Justice, El Salvador (Brazil) 2010 and quoted in the Joint Statement on behalf of the non-governmental organizations attending the Congress as well as Draft Salvador Declaration on Comprehensive Strategies for Global Challenges’.

2. IJJO Recommendations

2. IJJO Recommendations - Need of Data: Indicators in Juvenile Justice “An indicator provides

a common way of measuring and presenting information that reveals whether standards are being met ” Unicef

“IJJO Recommendation (Rec) - That action on setting common criteria and shared basis should continue towards the establishment of shared re-education and reintegration projects for young offenders, as highlighted by some community bodies ”

In 2009, the IJJO presented the research study- Juvenile Justice Indicators for Europe: How to measure Juvenile Justice, in the program of its “Juvenile Justice without Frontiers Grant ”, which intend to provide a global framework for measuring and presenting specific information about the situation of children in conflict with the law, focusing on the development of specific juvenile justice indicators.

2.-IJJO Recommendations

- Limit of Age: the Penal Responsibility

“ IJJO Rec - That the minimum age of criminal responsibility should not be too low, and that the law should stipulate that under that age children should be in care and not punished, as recommended by international instruments ”

As well Stated in International Standard – Beijing Rules 4. Age of criminal responsibility

4.1 In those legal systems recognizing the concept of the age of criminal responsibility for juveniles, the beginning of that age shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity.

Special focus on the issue of young adults.

Country Diminished criminal responsibility (juvenile criminal law)* Criminal majority concerning juvenile detention (youth imprisonment etc.)

** Only for road offences and exceptionally for very serious offences

*** Only for serious offences

**** Only mitigation of sentencing without separate juvenile justice legislation

***** No criminal responsibility “strictu sensu”, but application of the Juvenile (Welfare) Law

****** Only educational sanctions (including closed residential care) and measures

Criminal responsibility (adult criminal law can/must be applied; juvenile law can be applied)

Legal majority

Austria 14 18/21 18

Belgium 16**/18 16/18 18

Belarus 14***/16 14/16 18

Bulgaria 14 18 18

Croatia 14/16* 18/21 18

Cyprus 10/14* 16 16-18

2.-IJJO Recommendations

e) IJJO Agis Programme: Age of Penal Responsibility

Country Diminished criminal responsibility

Criminal responsibility(adult criminal law can /must be applied; juvenile law can be applied)

Legal majority

Portugal 12*****/16 16/21 18

Romania 14/16 18/(20) 18

Russia 14***/16 18/21 18

Scotland 8*****/16 16/21 18

Serbia 14/16* 18/21 18

Slovakia 14/15 18/21 18

Slovenia 14***/16 18/21 18

Spain 14 18/21 18

2.-IJJO Recommendations

e) IJJO Agis Programme: Age of Penal Responsibility

2.-IJJO Recommendation

e) IJJO Agis Programme Age of Penal Responsability

Country Diminished criminal responsibility

Criminal responsibility (adult criminal law can/must be applied; juvenile law can be applied)

Legal majority

Czech Republic

15 18/18 + 18

Denmark 15 15/18/21 18

Turkey 12 18 18

Switzerland 10*****/15/16 18/25 18

Sweden**** 15 15/18/21 18

2.-IJJO Recommendations

- Alternative Measures

“ IJJO Rec - That sanctions or measures follow the aim of social reintegration and support the minor according to their educational needs and are based on the minors best interests and according to their age, dealing with their physical and mental welfare, development, skills and adapted to their personal circumstances (principle of individualisation); avoiding as much as possible deprivation of liberty, favouring alternatives such as mediation, work in public interest etc.”

As well Stated in International Standards - The Beijing RulesArt. 13.2 Whenever possible, detention pending trial shall be replaced by alternative measures.

As well Stated in International Standards- Recommendation Rec(2003)20 of the Committee of Ministers to member states concerning new ways of dealing with juvenile delinquency and the role of juvenile justice

“To address serious, violent and persistent juvenile offending, member states should develop a broader spectrum of innovative and more effective (but still proportional) community sanctions and measures. They should directly address offending behaviour as well as the needs of the offender. They should also involve the offender's parents or other legal guardian (unless this is considered counter-productive) and, where possible and appropriate, deliver mediation, restoration and reparation to the victim”

2.-IJJO Recommendations

- Alternative Measures

- Condition of Detention “ IJJO Rec - Sanctions or measures are based on the minors best interests

avoiding as much as possible deprivation of liberty, favouring alternatives such as mediation, work in public interest etc..”

As welI stated in International Legislation - UN Convention on the Rights of

the Child 1989Article 37b.“States Parties shall ensure that: No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time”

As well Stated in International Standards-United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)

1.1 The present Standard Minimum Rules provide a set of basic principles to promote the use of non-custodial measures, as well as minimum safeguards for persons subject to alternatives to imprisonment.

Special focus as well on Pre-Trial Detention As well Stated in International Standards- (The Beijing Rules) (GA resolution 40/33 of 29 Nov

1985)13.1 Detention pending trial shall be used only as a measure of last resort and for the shortest possible period of time.

2. IJJO Recommendations

- Aim of JJ: Social and Professional Inclusion

“IJJO Rec - That sanctions or measures follow the aim of social reintegration and support the minor according to their educational needs and are based on the minors' best interests ”

As well stated in International Standard- Recommendation CM/Rec (2008)11 of the Committee of Ministers to member states on the European Rules for Juvenile offenders subject to sanctions or measures

Art. 23.2. “Priority shall be given to sanctions and measures that may have an educational impact as well as constituting a restorative response to the offences committed by juveniles.”

2.-IJJO Recommendations

2.-IJJO Recommendations

- Multidisciplinary Responses

“ IJJO Rec- That appropriate selection, special training and working conditions are ensured for those who work with minors and youth developments in order to guarantee multidisciplinary teams offering quality care and positive behavior models ”

Following this idea, The IV IJJO International Conference which will be hold in November 2010 in Rome will explore how needs of young people suffering from mental-health issues in the justice system can be met through a coordinated and integrated multi-agency response, identifying the supports required for such an approach to achieve success.

The two main central themes focused in the Conference will be: I. Mental disorders and drugs misuse: Analysis of the situation of minors in conflict with the law:

- Analysis of the young offender’s profile and psychosocial context - Definition of integrative interventions for young offenders with

mental disorders -Definition of integrative interventions for young offenders with

addictive behaviour II. Juvenile justice and health systems: A necessary multidisciplinary and integrative collaboration

-Encourage and coordinate communication between sectors (health and juvenile justice system)

-Development of common intervention tools mainly those connected to the public-health or therapeutic services, and juvenile justice system

-To promote and establish common links between the systems which have to be specially reinforced in theses cases

- Multidisciplinary Responses

IV IJJO International Conference

3.- Juvenile Justice in Europe: a Common Voice

In 2008 the IJJO created the European Juvenile Justice Observatory (EJJO) attending to the differentiating aspects and common issues that converge in the juvenile justice systems throughout Europe, as a promoting element of a convergence process in regulations and good practices.

As welI Stated in International Standards- Opinion of the European Economic and Social Committee: The prevention of juvenile delinquency. Ways of dealing with juvenile delinquency and the role of the juvenile justice system in the European Union. 2006

7.2.4..- …a European Observatory on juvenile delinquency should be created. This would facilitate not only the study of the issue, but would also help to disseminate the results and provide advice and support for the appropriate authorities and institutions in their decision-making. ..help in the adoption of practical policies and strategy.”

The EJJO and its European Council for Juvenile Justice

The essential objective of the EJJO is to act as an observer of the juvenile justice situation in Europe, setting up a supranational space for the reflection, analysis and elaboration of proposals centred on juvenile delinquency and the justice systems attempting to deal with it through the European Council for Juvenile Justice.

COUNCIL´S OBJECTIVESCOUNCIL´S OBJECTIVES

Creation of the European Council of Juvenile Justice of the Creation of the European Council of Juvenile Justice of the EJJO:EJJO:

• To exchange common solutions and good practices to make juvenile justice systems efficient, always respecting the best interest of the child and with the aim to facilitate his social and professional insertion;

• To constitute a task force to address constant research needs and development of good practices on Juvenile Justice-related fields.

• To produce special recommendations on the programmes and actions developed by the European institutions and other intergovernmental organizations that play a role in managing common problems on the global agenda.

COUNCIL´S OBJECTIVESCOUNCIL´S OBJECTIVES

Creation of the European Council of Juvenile Justice of Creation of the European Council of Juvenile Justice of the EJJO:the EJJO:

• To make the voice of Juvenile Justice organizations and universities echo in the international agenda on child rights.

• To provide comment, background and analysis on the Juvenile justice implications of EU decisions, and make sure that juvenile justice issues will be included in the EU institutions strategies.

• To communicate analysis, data, reports and recommendations to representatives of Member States, to make juvenile justice issues become a priority.

COUNCIL´S SECTIONSCOUNCIL´S SECTIONS

1.Public Administration´s SectionThe ECJJ count on the participation of 27 representatives from public state bodies with responsability for juvenile justice in their respective states.

2. Academic Section27 Academic Experts of European Universities, faculties and departments related to the different areas that converge in juvenile justice.

3. NGO´s Section27 Civil society representatives from not-for-profit entities at a state level ara part of the ECJJ. Their objectives include a commitment to the protection and defence of minors and young people in conflict with the law.

COUNCIL´S MEETINGSCOUNCIL´S MEETINGSEuropean Council of Juvenile Justice 2009 MeetingsEuropean Council of Juvenile Justice 2009 Meetings

1.National Administration on charge of JJustice:1.National Administration on charge of JJustice:Paris 12/1/2009: Paris 12/1/2009: ““'Towards a European common 'Towards a European common

strategy strategy In juvenile justice” In juvenile justice” supported by General Directorate supported by General Directorate of The Judicial Youth Care Department ofof The Judicial Youth Care Department ofFrench Ministry of Justice.French Ministry of Justice.

2. 2. Non-profit Organisations. Non-profit Organisations. Paris 3-4 December 2009Paris 3-4 December 2009 A key message from NGOs across Europe. A key message from NGOs across Europe.

3. Academic Meeting. 3. Academic Meeting. Brussels Brussels 16-17 December 200916-17 December 2009 Towards a European common academic Towards a European common academic approach in juvenile justiceapproach in juvenile justice. .

CONCLUDING REMARKSCONCLUDING REMARKS

There is a need to foster the There is a need to foster the transnational and multi institutional transnational and multi institutional cooperationcooperation between all juvenile justice agencies and organizations to between all juvenile justice agencies and organizations to harmonize legal systemsharmonize legal systems

In order to provide a sustainable response to this need, it is important In order to provide a sustainable response to this need, it is important to start by building a to start by building a common ground of understandingcommon ground of understanding, sharing the , sharing the harmonized tools and instruments in the study and the treatment of harmonized tools and instruments in the study and the treatment of children in conflict with the lawchildren in conflict with the law

The civil society, through The civil society, through permanent network of expertspermanent network of experts, researcher, , researcher, has already developed several interesting cooperation activitieshas already developed several interesting cooperation activities

The path already set should be followed by the European Institutions to The path already set should be followed by the European Institutions to encourage encourage national decision-makers to integrate the basic rulesnational decision-makers to integrate the basic rules and and instruments which will guarantee the minimum rights of the child in instruments which will guarantee the minimum rights of the child in conflict with the law. conflict with the law.

4. CONCLUSIONS and RECOMMENDATIONS for the EU strategy on the Rights of the Child

Need of data and comon tools: JJ Indicators

Need of legal assistance and assessment

Need to foster Diversion-Alternatives to Court Proceedings1) Diversion to health/social services2) Police Diversion (primo delinquent)3) Good resourcing and co-ordination of diversion

Need to develop Sentencing and Detention in accordance to UN standards 1) Sentencing Principles (discretion, taking into account circonstances etc) 2) To foster Non-custodial Measures 3) To avoid Pre-Trial Detention 4) To control Detention for the purposes of protection 5) To garantie good Conditions of Detention:

the right to be safe, Child-appropriate facilities, small facilities with minimal security, health and education, reintegration services, monitoring, evaluation des systemes

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