Final Dossier. European Dimension Project

EUROPEAN DIMENSION

EUROPEAN DIMENSION PROJECT NUMBER JLS/2007/ISEC/488

EUROPEAN DIMENSION PROJECT EUROPEAN COMPARATIVE ANALYSIS IN JUVENILE CRIME

EUROPEAN COMPARATIVE ANALYSIS AND TRANSFER OF KNOWLEDGE ON JUVENILE DELINQUENCY FORMS

EUROPEAN COMPARATIVE ANALYSIS AND TRANSFER OF KNOWLEDGE ON JUVENILE DELINQUENCY FORMS

Authors

International Juvenile Justice Observatory Don Calabria Institute (Applicant) Association Diagrama Fundaci贸n Diagrama Fundacja Diagrama Pupil Parent Partnership

With the cooperation of:

IV BUREAU OF THE HEAD OF DEPARTMENT - Study, Research & International Activities (EUROPEAN RESEARCH CENTER IN NISIDA, OBSERVATORY AND DATA BANK ON THE PHENOMENON OF JUVENILE DELINQUENCY IN EUROPE) Juvenile Justice Department (Ministry of Justice)

漏 IJJO June 2011.

Published by the International Juvenile Justice Observatory (IJJO) and the European Juvenile Justice Observatory (EJJO), 50, Rue Mercelis, Brussels, 1050 Belgium. oijj@oijj.org

This project has been funded with support from the European Commission. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein

Index Preface 6 European Dimension (ED): a keypoint presentation 1. The Project 2. Working Phases and Execution procedures 3. Results

8 9 11 12

Chapter 1 Overview of juvenile justice international standards and their implementation 14 Chapter 2 Italy Exploitation of foreign minors in criminal activities in Italy 32 1. Introduction 34 2. The overall context of juvenile crime in Italy and the presence of foreign minors in criminal circuits 35 3. Specific features of the phenomenon of foreign juvenile delinquency 42 4. Normative approach and problems related to foreign juvenile offenders 52 5. Educational aspects and tertiary prevention 56 6. The role of mass media in the process of social reintegration of juvenile foreign offenders 58 7. Critical analysis of policies related to the issue of juvenile crime 60 8. The good practices 62 9. Conclusion 64 Bibliography 67 Chapter 3 Spain Youth violence towards parents in Spain 68 1. General definition of the Juvenile Justice model in Spain.

70 2. Child – Parent Violence.

75 3. Analysis of practices on a national level 88 4. Conclusions 95 Bibliography 97

Chapter 4 Poland The influence of the use of drugs and alcohol in criminal activity of minors in Poland 100 1. National legislation for minors in conflict with the law.

101 2. Overview of the juvenile criminality in Poland 107 3. Drug and alcohol related juvenile crimes 109 4. Policy towards minors involved into alcohol and drug addictions.

117 5. Conclusions and recommendations 130 Bibliography 133 Chapter 5 France The cyber-crime and the e-bullying in France 136 1. General definition, the juvenile justice system and digital technology related issues. 137 2. Overview of minors in conflict with the law for e-violence 148 3. Example of a good practice in Italy: the « peer-to-peer » advice service 155 4. Conclusions and recommendations 156 Chapter 6 United Kingdom The juvenile gangs in United Kingdom 158 1. Definition of the Term ‘Juvenile Gang’ within a UK Context 160 2. The UK Picture – Juvenile Reconviction Rates and Key Recommendations 166 3. Youth Crime Statistics – The UK 169 4. Why do Young People Join Gangs?

173 5. Girls and Gangs 175 6. Juvenile Gangs – Current Situation in 4 Partner Countries 176 7. A comparison between juvenile gangs in partner countries and the UK 186 8. Recommendations and Best Practice Models 188 9. Results and Conclusions 189 References 192 Conclusions and Recommendations Conclusions 194 Conclusions and Recommendations Recomendations 200

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Preface by

Dr. Francisco Legaz Cervantes. Chairman of the

International Juvenile Justice Observatory Dr. Alessandro Padovani. Director of the

Don Calabria Institute (Com.San Benedetto)

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In November 2007, the IJJO organized, together with the Andalusia government’s Department of Justice and Public Administration, an International Congress entitled “Phenomena in Juvenile Delinquency: new penal forms”.

This congress put into evidence, that from a criminological perspective, the contemporary phenomena of juvenile delinquency, on both European and international scale, had been lately a source of attention and concern.

The mediatisation of the behaviour of minors serves to distort our understanding and the nature of juvenile delinquency, therefore the scope and distribution of juvenile crime is often exaggerated. In many European countries law and policy reforms are focussing on juvenile justice. The popular amplification of juvenile delinquency on the one hand, and statutory response to such phenomena on the other, tend to present negative social perceptions of minors.

As consequences, This International Congress focus, in its conclusion, on the need in Europe of specific research on current patterns of delinquency which include bullying; racism and xenophobia; urban sub-cultures; ‘gang’ formations; the use of new technologies for committing offences), together with the development of policy and practice to engage with such questions.

In this context, the International Juvenile Justice Observatory with Don Calabria Institute have decided to joint their efforts to develop a European study entitled European Dimension on Juvenile Delinquency, with the objective to define significant indications and practices to structure prevention programmes of juvenile crime, in particular in topics like cyber-crime and e-bullying, the influence of drug use on crime, youth gangs and finally the exploitation of minor immigrants in crime.

We trust that this European study, contrary to the message of security and social alarm spread on occasions when talking about minor offenders, spreads a message of hope for all youngsters in conflict with the law, in order for minors to become, through the work of all actors involved in the field of juvenile justice and the effort for self-improvement of the minors themselves, free citizens with full rights.

Preface

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European Dimension (ED): a keypoint presentation Final Dossier European Dimension Project JLS/2007/ISEC/488

1. The Project The “European dimension” Project (ED), coordinated by Don Calabria Institute, goes in the direction drafted by many recommendations and programs of prevention of juvenile delinquency.

After previous experiences of cooperation, partners of ED confronted each other with regards to current emergencies. This debate underlined the need to investigate and it specifically dealt with five different themes which demonstrated an increasing interest at European level. Such issues, emphasizing the requirement for a detailed study about prevention within the field of juvenile justice - specifically calibrated for different urgencies in each concerned country - stressed the need for a broader vision of action arising from a comparison of already tested practices and intervention models.

In particular five priority topics - also indicated in the European Economic and Social Committee Advice regarding the prevention and treatment of Juvenile Crime - have been analysed in five different Countries. We have focused on the issue of “Violence of the minor towards parents” in Spain and, on the other side, on the problem of “Cybercrime and the e-bullying” in France. Besides, we have pointed out the “Influence of the use of narcotics and alcohol in criminal activities” in Poland and the presence of “Juvenile gangs” in Great Britain. Finally, we have highlighted the “Exploitation of foreign minors in crime” in Italy.

These topics emerged from a careful and punctual monitoring in each country as well as research and statistics carried out in recent years in Europe (Studies EUCPN).

In particular the country partners shared research on these priority issues through the EQUAL Community Initiatives and projects of other European programs. The knowledge gained in the past and the common need to study and establish best practices for prevention among the themes defined as priorities made possible the creation of a project proposal involving different sectors, institution and non institutional organizations. The innovative aspect of the project EUROPEAN DIMENSION is mainly based on the building of a European database regarding various effective methods of prevention, recovery and rehabilitation on the issues addressed, that is accessible to the authorities, NGOs, etc. Moreover, another innovative aspect is the establishment of an international working group, the networking of knowledge and skills, in order to make products through an integrated approach and with a European dimension. The project responds to two main priorities: first, the development and transfer of effective methods in preventing youth crime taking advantage of the accreditation of partners in various Countries; secondly, improving and increasing the networks of partner Countries.

The Project mainly consisted in the promotion and development of coordination, cooperation and production of accurate material for all five themes chosen, in order to influence the Programs implemented by the Public Authorities at the international level, Recommendations that may also help in the choice of sector policies of each member country.

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The program, which lasted 32 months, begun in December 2008, previewed a first phase of research in the involved countries concerning the different themes and a second phase of international comparison in order to individuate the success factors useful for the definition of guidelines for prevention programs and practices.

In so doing ED had a partnership composed by n.7 Organizations, NGOs and Public Authorities, of different countries: »» Don Calabria Institute – Italy (Applicant) »» International Juvenile Justice Observatory – Belgium; »» Juvenile Justice Department – Italy; »» Association Diagrama – France; »» Pupil Parent Partnership – Great Britain; »» Fundacion Diagrama – Poland; »» Fundacion Diagrama – Spain.

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Futhermore ED previewed five coordination meetings which took place in different countries involved in the initiative with study visits to face with the real issues. The phase of dissemination consisted of a final conference in Brussels organized by the International Juvenile Justice Observatory in June 2011. Moreover, it ended with the diffusion of the produced materials to Public Authorities and NGOs in each European Country and the dissemination by each partner of results through its own network of diffusion. Results will be disseminated through the network of each partner and, above all, thanks to IJJO which has a portfolio of stable relationships in each country. In addition, partners also have offices in various countries of Europe and this guarantees the realization of further dissemination and communication activities. Two different kinds of documents will be edited: five national dossiers (France, Great Britain, Italy, Poland and Spain) and the Recommendations for EU Countries written in English.

On the one hand, products will be oriented and spread to competent institutions in order to provide useful inputs for the Planning of Social Policies in the field of prevention of youth crime. On the other side, it will also be oriented and spread to NGOs that coordinate and implement interventions for young people involved in order to improve technical skills and their programming. Finally, towards social workers and law operators working in the specific area to improve knowledge and practices.

Objectives and Priority issues The project aimed the definition and promotion of horizontal methods and instruments for a fight and prevention strategy against criminality and for the support of security and public order. In this way, we want to promote and organize mutual coordination, cooperation and comprehension action between local and national Authorities and some organizations linked to the EU. Therefore, our priority is related to strengthen and professionalize operators and organizations involved in preventing crime, especially

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with regards to the issues in the light of the priorities identified within the European Crime Prevention Net. Besides, we want to identify and assess good practices and effective interventions and to draft a “Recommendation dossier� to be disseminated to experts, operators, competent Authorities at national and European level.

There are different aspects of the project that have represented an added value to the EU. In this sense, an important input was given by the improvement of the network of collaborations among organizations and by the establishment of links with national and European Public Authorities to act at institutional programming level. The same importance had the transfer of innovation and practices collected in all European countries and the construction of common operational standards in the design and implementation of Programs to prevent juvenile delinquency.

2. Working Phases and Execution procedures The development of the project involved different phases. After a first phase of planning, we have concentrated on the research and the production of dossier in a second phase.

The third phase was characterized by the production of national and international documents, which had to be subjected to a local dissemination in the fourth phase. All in all, a final conference and international dissemination have represented the last phase.

All activities carried out in each national field have been managed by local partners and the activities of analysis and documentation belong to the specific organizations.

Each partner carried on involvement and communication modalities with beneficiaries through direct contacts and activities of project promotion.

The project scheduled the use of the following specific tools for investigation of all partners in the project: national focus groups with experts in the field, analysis and exchange of documentary and bibliographical material between experts, guided tours of the site of exchange and comparison, interviews with representatives of both public and private competent institutions in the areas, case history, international thematic workshop for analysing different kind of prevention methods implemented in different countries involved in the project. The general activities consisted of meeting at given times for sharing works and the redefinition of following activities; production of internal documents; implementation monitoring and evaluation activities.

The direct responsibilities of the Applicant were those regarding the management of relations with the EU, financial control and management, overall coordination, monitoring, administration and secretary. The products (intermediate meetings, working papers, dossier, final conference and report) were directly managed by the leader in collaboration with the partners in charge. All activities carried out at national level were managed by local partners and the activities of analysis and

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documentation were responsibility of the individual organizations involved. Each partner, in all countries, activated forms of involvement and communication with beneficiaries through direct contacts and promotional activities for the project.

3. Results The project has achieved several results. We have obtained the improvement of the European network in order to achieve effective and specific prevention programs at European level. As well, we have identified common and shared indicators for the operative models of intervention and, at the same time, we have built an organic and multi-sectorial intervention system on the issues addressed.

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As regards the medium term results we achieved a re-definition and re-modulation of synergies between Organizations and Authorities. Recommendations produced by the Administration Authority for Justice and Welfare have been adopted and we have realized a greater integration between the social and the juvenile justice policies to improve juvenile justice models for a genuine and effective use of best practices in the intervention programs. In this sense, the problem is to guarantee that these results are sustainable in order to reach the real and effective use of good practices in intervention programs. Therefore the relevance and the professional preparation of the partnership ensured the relevance of the results collected in line with the sustainability of prevention programs. In particular, fundamental was the role played by IJJO which gave a European qualification on experiences and comparison issues.

Indeed, the sustainability is guaranteed by a high and persistent lobbying, management of services, implementation of intervention programs for each partner with the government Authorities. In addition, the sustainability of the results is further favored by the strengthening of networking between the partners, by the increased professionalization of operators and by the enhance coordination between partners, also due to the construction of an European database on various effective methods of prevention, recovery and rehabilitation on the issues addressed, accessible to the authorities, NGOs, etc. which will allow a permanent confrontation between the partners in an integrated and European optical.

Despite the results achieved, we have to consider some weaknesses and difficulties encountered during the development of the project but they were limited to unavoidable aspects that were already identified in the drafting stage of the project.

Indeed we have pointed out cultural differences and operational practices among the participants of the project. Moreover, we had to face the differences between legislations and adopted models of intervention as well as to consider institutional capacities and different missions.

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The constant and permanent follow up allowed us to keep under control these factors trying to narrow divergences and to harmonize the differences between the partners and countries, providing guidance to the objectives and actions of the project.

On the contrary, other factors represented the strengths of the project and supported its success. We have recorded a high level of interest among partners already expressed in the phase of project design and the presence of skilled workers and organizations holder of qualified skills. There was extensive experience already gained in the area of primary and secondary prevention by all the countries involved: the actions that are recommended are the result of a comparison of practices and intervention models already tested and established in various countries. In the same way, we have noted a close examination of specific issues for each country based on past observations and experiences with regard to the current emergencies. In this way, this allowed a wider view of possible interventions. In addition to this, great importance has had both previous collaboration between Partners involved in the project and the creation of a project proposal that involved several sectors, with the participation of institutions and no institutional organizations. At last the involvement of IJJO and other EU partners allowed the dissemination of the project’s results.

Finally, a key and strategic point of the “European Dimension� project is the close connection of each Partner with Local and National Authorities, the Juvenile Justice Administration and the Authorities in charge of Welfare. Since many years, in fact, the mentioned organizations work permanently and continuously in positions of public service in the reception of children/young people in the criminal circuit, for the realization of important national prevention programs in the area of research and training of operators.

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Chapter 1 Overview of juvenile justice international standards and their implementation by

International Juvenile Justice Observatory Dr. Francisco Legaz Cervantes. Chairman.

CĂŠdric Foussard. Director International Affairs.

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Abstract This article deals with international and European juvenile justice standards. A particular attention will be given to the guidelines of the youth justice and more especially to those stated by international and European organizations such as the United Nations, the Council of Europe and the European Union. This chapter also highlights the binding character of some of these standards, knowing that only the latter have to be fully implemented and respected by the State parties.

Introduction The International Juvenile Justice Observatory (IJJO) is an international foundation working as a permanent international forum, as well as a research center, for professionals in juvenile justice all over the world. To this extent, it monitors and helps improving the development of child-friendly juvenile justice systems in the world and strives towards ensuring an international, comprehensive and interdisciplinary approach to a juvenile justice without borders.

By the same token, the IJJO fights for a greater understanding, implementation and assessment of the rights of the child within juvenile justice systems, but also within the whole of the society in so far as getting it involved, helps preventing juvenile delinquency.

Here, one should know that, in accordance with the first article of the UN Convention on the Rights of the Child, “a child means every human being below the age of eighteen years1”.

On top of fighting for the rights of the child, the IJJO also advocates in favor of a greater respect of international and European juvenile justice standards. A greater respect of the latter would indeed guarantee a greater respect of the rights of the child.

Thus, international, and then European, juvenile justice standards will be thoroughly discussed in order to present an overview of the legal lines of action that exist to prevent infringement of children rights. There are indeed a number of international and European bodies qualified to adopt instruments, rules and guidelines on children’s rights, such as the General Assembly of the United Nations, the Council of Europe or the European Union.

Nevertheless, all the documents dealing with the rights of the child do not all have the same legal signification or impact, some being binding whereas others amount to general statements. As a result, after reviewing international and European juvenile justice standards, the binding character of some of these standards will be highlighted 1. Article 1 of the UN Convention on the Rights of the Child – adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of November the 20th 1989 – entry into force on September the 2nd 1990, in accordance with the article 49 of the present Convention.

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in order to insist on the principles states are legally obliged to comply with.

Overview of international standards As stated before, a child means every human being below the age of eighteen years.

Moreover, according to the UN Standard Minimum Rules for the Administration of Juvenile Justice, “a juvenile is a child or young person who, under the respective legal systems, may be dealt with for an offence in a manner which is different from an adult2”.

Young offenders, therefore, are identified in opposition to adults, mainly because of their physical and psychological development and their emotional and educational needs. Such statement is particularly highlighted in the preamble of the Convention on the Rights of the Child; it states indeed that “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth3”. This entails, among others, the necessity for a separate juvenile justice systems and justifies that children should be treated more cautiously than adults.

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At an international level, such principles are mainly promoted by the United Nations.

The latter is indeed the main extensive and encompassing organization in the world.

As a matter of fact, apart from the Vatican City and Kosovo, every State in the world is a UN State party. Thus, the documents issued by the United Nations are of great importance in so far as they are likely to concern every country in the world.

To stress the differences among all the texts issued by the United Nations on children’s rights, one could highlight their main dimension: for instance, some try to prevent infringement of children’s rights whereas others deal with children involved in legal procedures or children held in custody.

The Convention on the Rights of the Child – 1989 Adopted on November 1989, and entered into force on September 1990, the Convention on the Rights of the Child (CRC) remains, even nowadays, the key reference when it comes to children’s rights.

As a key document it deals with all aspects of children’s life and thus ensures the protection of the rights of the child throughout any legal procedure. As a matter of fact, references to juvenile justice or statements related to juvenile justice matters can be found throughout the entire CRC; yet, if one had to focus only on a couple of articles, 2. Art. 2.2 (a) of the UN Standard Minimum Rules for the Administration of Juvenile Justice – Beijing Rules – adopted by the General Assembly as resolution 40/33 on November the 29th 1985.

3. Preamble of the UN Convention on the Rights of the Child - – adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of November the 20th 1989 – entry into force on September the 2nd 1990, in accordance with the article 49 of the present Convention.

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then article 37 and 40 should be the most studied ones.

These articles deal indeed directly with children in conflict with the law.

For instance, article 37 underlines that “neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age4”. Thus, this article asserts, among others, that death penalty or life sentence is prohibited when it comes to children. To the same token, the article 37 states that “ every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age5”.

As a result, an answer should always be proportional to the offence committed by a child. Moreover, it should take into account the age, mentality and history of the child to make each answer as individual as possible.

As far as the article 40 is concerned, its main aim is to underline the need for special procedures and special justice systems when dealing with children in order to turn each conviction into a step towards inclusion.

Thus, this article recognizes “the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth […] which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society6”. Moreover, according to this article, each child has the right “to have his or her privacy fully respected at all stages of the proceedings7”.

When ratifying the CRC, states parties also took the engagement to “promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law <as well as> the establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law8”.

Thus, the CRC ensures that those who ratified the aforementioned Convention will set up appropriate justice systems that is to say juvenile justice systems, and especially juvenile justice courts and procedures, designed and thought for the well-being of children.

The right implementation of all the principles discussed in the CRC is controlled by one body: the Committee on the Rights of the Child. The latter is made up of independent experts that monitor the appropriate execution of the CRC. “All States parties are obliged 4. Art. 37 (a) ibidem 5. Art. 37 (c) ibidem 6. Art. 40.1 ibidem 7. Art. 40.2 (b) (vii) ibidem 8. Art. 40.3 and 40.3 (a) ibidem

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to submit regular reports to the Committee on how the rights are being implemented.

States must report initially two years after acceding to the Convention and then every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of concluding observations9”.

When it comes to monitoring Human Rights at an international level, one could also mention the UN High Commissioner for Human Rights. With its office (OHCHR), it is the principal human rights official of the United Nations. Its main aim is to spearhead the United Nations’ human rights efforts by assisting States in upholding human rights. As a result, it also keeps a close eye on children’s rights ensuring, among others, the implementation of the articles 37 and 40. Both strive towards offering children with the best system available if they ever have to go through a criminal procedure; nevertheless, the United Nations also tries to prevent juvenile delinquency.

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The UN Guidelines for the Prevention of Juvenile Delinquency – 1990 These rules, also known as the Riyadh Guidelines, recall the importance of childcentered measures in order to prevent one child from delinquency. Moreover, they highlight the “need for and importance of progressive delinquency prevention policies and the systematic study and the elaboration of measures […] <The latter> should avoid criminalizing and penalizing a child for behavior that does not cause serious damage to the development of the child or harm to others10”. Thus, the Riyadh Guidelines, just like other UN documents, underline the need for an appropriate answer to a child’s offence, the importance of preventing juvenile delinquency by every possible means and the uselessness of a systematic resort to detention.

Besides, on this specific point, one could assess that always resorting to detention is a form of violence made against one child. Yet, the General Comment number 13 stresses the rights of the child to freedom from all forms of violence.

The UN General Comment No.13 on the CRC The right of the child to freedom from all forms of violence – 2011 The latest of the UN General Comment underlines the importance of eradicating all forms of violence from a child’s life, in particular in order to prevent him or her from juvenile delinquency.

To such extent, it covers numerous areas related to the daily life of a child, such as its family, school, and its community and so on. Yet, it also deals with areas one child should supposedly not have to deal with, and yet sometimes encounter, such as courts and criminal procedure systems.

Therefore, within the General Comment No. 13, there are articles especially devoted 9. Available on the website of the UN High Commissioner for Human Rights: http://www2.ohchr.org/english/bodies/crc/ 10. Art. 5 of the UN Guidelines for the Prevention of Juvenile Delinquency adopted by the General Assembly as resolution 45/112 on December 12th 1990.

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to juvenile justice matters. For instance, the article 15(c) states that “the impact on children, in particular adolescents, of high handed or ‘zero tolerance’ State policies in response to child violence is highly destructive as it is a punitive approach victimizing children by reacting to violence with more violence11”.

Thus, some articles, like the latter, underline the uselessness of a systematic resort to the most punitive measures, such as detention. As a matter of fact, in many cases, resorting to detention is more harmful than helpful. Nevertheless, one, not even the United Nations, cannot always avoid one child from being held in custody. To this extent, the United Nations ascertained that the rights of the child are always respected during legal procedures that may lead to custodial measures.

The UN General Comment No. 10 on the CRC Children’s rights in juvenile justice – 2007 This General Comment on the Convention on the Rights of the Child clarifies and develops what are the rights of the child in juvenile justice whereas the CRC, the UN key reference, is a more general document.

As a result, it goes back over the key principles discussed in the Convention of the Rights of the Child, or other prior UN documents, and focuses especially on juvenile justice matters – detention as measure of last resort, the need for appropriate answers, education or training within custodial facilities or the importance of involving familymembers through the entire procedure, when possible. Yet, this General Comment also adds a few important details.

For instance, the CRC stressed the importance of having a minimum age of criminal responsibility; nevertheless, it did not mention any specific age. It was done by the UN General Comment No. 10 according to which, “a minimum age of criminal responsibility below the age of 12 years cannot be internationally acceptable12”.

This General Comment also gives more insights on how one child should be kept informed throughout a criminal procedure. Thus, it recalls that “the child must be given the opportunity to express his/her views freely, and those views should be given due weight in accordance with the age and the maturity of the child13” but it also stresses that “providing the child with an official document is not enough and an oral explanation may often be necessary. The authorities should not leave this to the parents or legal guardians or the child’s legal or other assistance. It is the responsibility of the authorities14”.

11. Art. 15 (c) of the UN General Comment No. 13 on the Convention on the Rights of the Child, general comment adopted by the Committee on the Rights of the Child in 2011.

12. Art.32 of the UN General Comment No.10 of the UN Convention on the Rights of the Child – adopted on February 2007.

13. Art. 44 ibidem 14. Art. 48 ibidem

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As a result, this document does not indeed develop any new rights for children in conflict with the law but it definitely clarifies some of the existing ones, especially when it comes to children involved in criminal procedures. This General Comment focused indeed on the rights of the child within juvenile justice systems, being thus more specific than the CRC that deals with children’s rights as a whole. Yet, one document could be even more specific, following the example of the UN Standard Minimum Rules for Non-Custodial Measures.

The UN Standard Minimum Rules for Non-Custodial measures – 1990 The latter highlight the importance of avoiding detention as a habitual and appropriate answer and urge UN State parties to develop alternatives to custodial measures.

Even though these rules, the so-called Tokyo Rules, are not exclusively about children in conflict with the law, the issue they addressed also concerned the aforementioned children. As a matter of fact, detention is even more harmful when it comes to children and that is why it should always remain a measure of last resort.

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To this extent, the article 1.5 of the Tokyo Rules urges “Member States <to> develop noncustodial measures within their legal systems to provide other options, thus reducing the use of imprisonment, and to rationalize criminal justice policies, taking into account the observance of human rights, the requirements of social justice and the rehabilitation needs of the offender15”. Moreover, the Tokyo Rules state that “the development of new non-custodial measures should be encouraged and closely monitored and their use systematically evaluated16”.

Just like it made sure that the rights of the child were respected during legal procedure with the UN General Comment No.10 and the Minimum Rules for Non-Custodial Measures, the United Nations issued another set of rules in order to guarantee the rights of children ending up in detention despite the general disapproval of such measure.

The UN Standard Minimum Rules for the Administration of Juvenile Justice – 1985 The latter, also known as the Beijing Rules, deal with the treatment of juvenile prisoners and offenders in CRC State parties. According to the preamble of the Convention of the Rights of the Child, these rules advocate in favor of separate and appropriate justice systems thought and designed especially for children in so far as “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth17”.

As a result, if detention cannot be avoided, then the UN Standard Minimum Rules 15. Art. 1.5 of the UN Standard Minimum Rules for Non-Custodial Measures adopted by the General Assembly as resolution 45/100 on December 14th 1990.

16. Art 2.4 ibidem 17. Preamble of the UN Convention on the Rights of the Child - – adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of November the 20th 1989 – entry into force on September the 2nd 1990, in accordance with the article 49 of the present Convention.

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for the Administration of Juvenile Justice encourage the welcoming infrastructure to separate children from adults18. By the same token, each measure should take into consideration the age, development and views of the child, not to mention that it should be proportional to one child’s offence. As a matter of fact, the article 5.1 states that a “juvenile justice system […] shall ensure that any reaction to juvenile offenders shall always be in proportion to the circumstances of both the offenders and the offence19”.

In most cases, there is therefore no need for extremely punitive measures. In the light of this article, the most punitive, and in the end the most harmful, measures should indeed be avoided in order to guarantee the well-being of one child. Deprivation of liberty in particular should remain a measure of last resort. It is indeed always better for one child to be offered alternatives to detention, such as a close supervision, intensive care, placement with a family or in an educational setting for instance, when he or she cannot just stay home under the supervision of his or her family.

One measure should indeed foster a child’s inclusion and not fuel his or her resentment.

To this extent, in accordance with the Beijing Rules, the United Nations developed another set of rules for juveniles held in custody, the UN Rules for the protection of juveniles deprived of their liberty.

The UN Rules for the Protection of Juveniles Deprived of their Liberty - 1990 Despite the publication of the Beijing Rules, the General Assembly of the United Nations was “aware that juveniles deprived of their liberty <were> highly vulnerable to abuse, victimization and the violation of their rights20” and “concerned that many systems <did> not differentiate between adults and juveniles at various stages of the administration of justice and that juveniles <were> therefore being held in goals and facilities with adults21”. As a result, it designed the UN Rules for the protection of juveniles deprived of their liberty, which are commonly called the Havana Rules.

If the Beijing Rules underline the importance of treating children according to their needs even within custodial facilities, the Havana Rules stress the necessity to pursue one child’s education or training even when he or she is held in custody.

As a matter of fact, the article 12 of the Havana Rules specifies that “juveniles detained in facilities should be guaranteed the benefit of meaningful activities and programmes which would serve to promote and sustain their health and self-respect, to foster their 18. Art. 13.4 of the UN Standard Minimum Rules for the Administration of Juvenile Justice – Beijing Rules – adopted by the General Assembly as resolution 40/33 on November the 29th 1985, “Juveniles under detention pending trial shall be kept separate from adults and shall be detained in a separate institution or in a separate part of an institution also holding adults”.

19. Art. 4.1 of the UN Standard Minimum Rules for the Administration of Juvenile Justice – Beijing Rules – adopted by the General Assembly as resolution 40/33 on November the 29th 1985.

20. Introduction to the UN Rules for the Protection of Juveniles Deprived of their Liberty – adopted by the General Assembly as resolution 45/113 on December 1990.

21. Introduction to the UN Rules for the Protection of Juveniles Deprived of their Liberty – adopted by the General Assembly as resolution 45/113 on December 1990.

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sense of responsibility and encourage those attitudes and skills that will assist them in developing their potential as members of society22”. Thus, these rules insist on the importance of inclusion, and especially on the benefits of education and work.

In the end, the United Nations issued a set of documents that deal with a wide variety of subjects, from preventing juvenile delinquency to the rights of the children held in custody, and without forgetting the well-being and best interest of children throughout criminal procedures. The United Nations tries to help children in conflict with the law, no matter what kind of conflict they are involved in.

Nevertheless, the United Nations is not the only body coming up with key documents such as the Convention on the Rights of the Child or major bodies such as the Committee on the Rights of the Child. On a smaller scale, the Council of Europe, as well as the European Union, also care and legislate about children’s rights.

Overview of European standards Within Europe, two main bodies established rules or mechanisms in favor of children’s rights; these are the Council of Europe and the European Union.

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The Council of Europe Created in 1949, the Council of Europe now consists of 47 Members. It took its first important steps towards a better monitoring and implementation of Human Rights in 1950 when it drafted the European Convention on Human Rights (ECHR).

The European Convention on Human Rights – 1950 Drafted in 1950, the Convention entered into force on September the 3rd 1953. This document ensures a vast variety of rights from the right to life to the rights of expression, association and privacy.

Concerning justice systems, the ECHR in its sixth article stresses the right to a fair trial in such terms, “everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law23”. By the same token, this article highlights that “everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law24”. Moreover, “everyone charged with a criminal offence has the following minimum rights: to be informed promptly, in a language which he 22. Art. 12 of the UN Rules for the Protection of Juveniles Deprived of their Liberty – adopted by the General Assembly as resolution 45/113 on December 1990.

23. Art. 6 of the European Convention on Human Rights – adopted in 1950, entered into force on September the 3rd 1953.

24. Ibidem

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understands and in detail, of the nature and cause of the accusation against him; to have adequate time and the facilities for the preparation of his defense; to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; to have the free assistance of an interpreter if he cannot understand or speak the language used in court25”.

Apart from setting these principles, the European Convention on Human Rights also established the European Court on Human Rights (ECHR). The latter is entitled to ensure the proper implementation of the principles fixed by the Convention.

Created in 1959, the European Court of Human Rights became a permanent body in 1998. Thanks to this court, individuals who feel that their Human Rights have been violated and that their country did not instructed the case in an appropriate manner, if it was instructed at all, can have access to a legal recourse instructed by a third and impartial party. As a result, it embodies the article 6 of the Convention that ascertains the right to a fair trial.

“In almost fifty years, the Court has delivered more than 10,000 judgments. These are

binding on the countries concerned and have led governments to alter their legislation and administrative practice in a wide range of areas. The Court’s case-law makes the Convention a powerful living instrument for meeting new challenges and consolidating the rule of law and democracy in Europe26”.

Children, like any other individuals, are entitled to resort to this court in order to assert their rights. Despite the important impact this body can have thanks to its binding character, it only works if one individual - be it a child or not - resort to it. This mechanism cannot indeed act without being activated. Nevertheless, there are other bodies created by the Council of Europe that monitor Human Rights at their pleasure.

The Committee for the Prevention of Torture – 1987 Created in 1987, the Committee for the Prevention of Torture (CPT) came into force in 1989. Founded on the basis of the European Convention for the Prevention of Torture or Degrading Treatment or Punishment (1987), the CPT is allowed to visit all places of detention within the 47 Members of the Council of Europe.

Each visit is unannounced and made by a small group of experts; it is then followed by the publication of a report emphasizing the experts’ findings and their recommendations.

Such reports are sent to governments in order to keep them updated on the situation and life conditions of those held against their will in their own country. They usually 25. Ibidem 26. The Court in Brief – brochure delivered by the European Court of Justice, p.2 Available at: http://www.echr.coe.int/NR/rdonlyres/DF074FE4-96C2-4384-BFF6404AAF5BC585/0/Brochure_en_bref_EN.pdf

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remain confidential, unless one country decides to publish it itself. Nevertheless, on alleged cases of torture, the CPT publishes unilateral public statements, thus pointing out malpractices and urging governments to improve the situation.

Under the European Convention for the Prevention of Torture or Degrading Treatment or Punishment, one cannot deny access to a custodial facility to the experts entitled by the Council of Europe. Thus, throughout the 47 Member states, cases of torture, degrading treatment or punishment committed towards any individuals, including children, are unlikely to remain unknown for a long period of time. Moreover, State parties are often reluctant to be publically stigmatized. As a result, the public statements released by the CPT are often enough to eradicate malpractices.

Yet, to make sure that Human Rights are fully respected throughout Europe, in 1999, the Council of Europe created another important control body to supervise the proper implantation and respect of Human Rights: the Commissioner for Human Rights.

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The Commissioner for Human Rights – 1999 The Commissioner for Human Rights is mandated to “foster the effective observance of human rights, and assist member states in the implementation of Council of Europe human rights standards; promote education in and awareness of human rights in Council of Europe member states; identify possible shortcomings in the law and practice concerning human rights; facilitate the activities of national ombudsperson institutions and other human rights structures; and provide advice and information regarding the protection of human rights across the region27”.

When it comes to juvenile justice matters, the Commissioner for Human Rights published in 2009 “a paper identifying the need for reform in juvenile justice with regard in particular to the use of detention and the availability of alternatives to detention28”.

Thus, documents and mechanisms established by the Council of Europe often complement the work of the United Nations. Besides, the Commissioner of Human Rights of the Council of Europe is the European counterpart of the UN Commissioner for Human Rights. Moreover, if the United Nations has one key reference, the CRC, and additional documents, the Council of Europe also has supplemental texts to the European Convention on Human Rights. For instance, the recommendation concerning new ways of dealing with juvenile delinquency and the role of juvenile justice urges State parties to adapt their legislation in order to prevent and tackle juvenile delinquency.

Recommendation concerning new ways of dealing with juvenile delinquency and 27. The Mandate of the Council of Europe’s Commissioner of Human Rights – Available at: http://www.coe. int/t/commissioner/Activities/mandate_en.asp 28. Dr. Ursula Kilkelly (2011), Measures of deprivation of liberty for young offenders: how to enrich International standards in juvenile justice and promote alternatives to detention?, Green Paper – Academic Section, European Council for Juvenile Justice, p.17

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the role of juvenile justice – 2003 This recommendation addresses the issue of juvenile delinquency and encourages the 47 Member States of the Council of Europe to adapt their policies, answers and practices to properly confront juvenile delinquency. Thus, it urges them to adopt a more strategic and pragmatic approach in so far as “the juvenile justice system should be seen as one component in a broader, community-based strategy for preventing juvenile delinquency, that takes account of the wider family, school, neighborhood and peer group context within which offending occurs29”.

Moreover, “interventions with juvenile offenders should, as much as possible, be based on scientific evidence on what works, with whom and under what circumstances30”. To this extent, it is of great importance to gather data and develop appropriate indicators.

Without the latter, it is difficult, if not impossible, to properly assert the effectiveness of a policy, answer or practice.

By the same token, the present recommendation encourages Member States to develop even more alternatives to detention. As a matter of fact, the Council of Europe believes that “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 behavior as well as the needs of the offender. They should also involve the offender’s parents or other legal guardian (unless this is considered counterproductive) and, where possible and appropriate, deliver mediation, restoration and reparation to the victim31”.

Thus, this recommendation calls upon more individual answers to children’s offences in order to appropriately address their anti-social behavior. More individual and childfriendly policies are also underlined by the Council of Europe in other documents, such as the Programme “Building a Europe for and with Children”.

Programme “Building a Europe for and with children” – 2006 Guidelines on Integrated National Strategies for the protection of children from violence – 2009 - Guidelines on Child-Friendly Justice – 2010 The Programme “Building a Europe for and with Children” was launched in 2006 by the Council of Europe in order to “help decision-makers and stakeholders implement comprehensive national strategies and policies to promote the rights of children and eradicate all forms of violence against children32”.

29. Council of Europe’s Recommendation concerning new ways of dealing with juvenile delinquency and the role of juvenile justice – available at: https://wcd.coe.int/wcd/ViewDoc.jsp?id=70063 30. Ibidem 31. Ibidem 32. Dr. Ursula Kilkelly (2011), Measures of deprivation of liberty for young offenders: how to enrich International standards in juvenile justice and promote alternatives to detention?, Green Paper – Academic Section, European Council for Juvenile Justice, p.8

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This Programme organized different actions and meeting, among which an hearing with NGOs on Child-Friendly Justice on December the 7th 2009 in Strasbourg or a high-level conference on the protection of children in European justice systems on March the 12th and the 13th of 2009 in Toledo. In the end, this initiative led to the publication of two important reports, the Guidelines on Integrated National Strategies for the protection of children from violence and a more specific one, the Guidelines on Child Friendly Justice. The latter was adopted by the Committee of Ministers of the Council of Europe on November the 17th 2010.

These guidelines were drafted for individual under 18 years of age and are entitled to guarantee fundamental rights to those coming into contact with a justice system. As a matter of fact, like the UN General Comment No.10 on the CRC, the Guidelines drafted by the Council of Europe in 2010 go over the children’s rights in juvenile justice.

Thus, it highlights several fundamental rights children are entitled to enjoy when coming into contact with a justice system. For instance, children should be kept informed of the legal procedure at all stages of their legal journey. By the same token, these guidelines stipulate that “a child should only be locked up where there is no other option33”. Moreover, they specify that “judges must make sure that children have a say in all cases that affect them and children’s views should be taken seriously34”.

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Apart from these principles that are also recognized in other documents, such as the CRC and its General Comments, the Guidelines on Child-Friendly Justice drafted by the Council of Europe add a few specificities.

For instance, unlike most documents, it stipulates that “the police must always respect children’s rights, taking into account the child’s needs <and that> children should usually be separated from adults in the police station and they should be kept safe35”.

On top of that, it adds that “lawyers who work for children should know about children’s rights and how to speak to children36”. Thus, thanks to these guidelines, the Council of Europe refines once again the rights of the child within the 47 Member States.

Such guidelines deal with children’s rights overall. Yet, like the United Nations, the Council of Europe also drafts documents dealing with more specific issues. As a result, in 2008, it published new rules designed for guaranteeing the rights of juvenile offenders.

European Rules for Juvenile Offenders Subject to Sanctions or Measures – 2008 The European Rules for Juvenile Offenders Subject to Sanctions or Measures recognize 33. Dr. Ursula Kilkelly (2010) A Summary of the Guidelines on Child-Friendly Justice, p.4 – Available at: http://www.coe.int/t/dghl/standardsetting/childjustice/CJ-S-CH%20_2010_%2020E%20Guidelines%20 Summary%2014%20December%202010.pdf 34. Ibidem 35. Ibidem 36. Ibidem

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that juvenile offenders are already protected to a greater or lesser extent by other international and European instruments. However, the present Rules go further than any of these instruments and should be the first source of reference in the treatment of all juvenile offenders who fall within their remit. Besides, according to Dr. Ursula Kilkelly, a specialist of juvenile justice, these rules constitutes “the most significant Council of Europe instrument <when it comes to> the importance of education, social reintegration and prevention work with juvenile offenders37”.

As a matter of fact, they rely on every available international or European document dealing with juvenile justice. Thus, this makes it a great source of information for experts or professionals. By the same token, these Rules are particularly significant in so far as they are the most including ones.

The European Rules for Juvenile Offenders Subject to Sanctions or Measures include indeed all juveniles who are deprived of liberty. As a matter of fact, no matter where they are held, be it in penitentiary, welfare or mental health institutions, or at which point of the legal procedure they are held, be it in police custody, pre-trial detention and other forms of deprivation of liberty, they are protected by the aforementioned rules.

To this extent, these rules are more encompassing than any other rules drafted by the Council of Europe.

Thus, one cannot deny that the Council of Europe is involved in the protection of the rights of the child and in the inclusion of children in conflict with the law. It indeed drafted an important convention on Human Rights, established two bodies entitled to control throughout Europe the proper implementation of Human Rights, including children’s rights, and issued a series of texts dealing especially with the rights of the child whether they are, or not, in conflict with the law.

Yet, the Council of Europe is not the only active sets of institutions in Europe. The European Union cares also about children in conflict with the law, and the well-being of children overall.

The European Union Created after the Second World War, the European Union was first focused on economic matters. Nevertheless, with the years, its fields of interests and prerogatives expanded. Eventually, the European Union took a growing interest in children’s rights and starting especially focusing on juvenile justice matters in the 2000’s.

37. Dr. Ursula Kilkelly (2011), Measures of deprivation of liberty for young offenders: how to enrich International standards in juvenile justice and promote alternatives to detention?, Green Paper – Academic Section, European Council for Juvenile Justice, p.9

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Towards an EU Strategy on the rights of the child – 2006 Launched in 2006 by the Commission, this EU strategy aimed at “incorporating children’s rights as one of the objectives of the EU in the Treaty of Lisbon, thus providing a new legal framework for children’s rights38”. It mainly relies on the UN Convention on the Rights of the Child and tries to keep matters related to children’s rights, such as juvenile justice and juvenile delinquency, on the mind of European officials.

To this extent, it created, among others, an informal grouping of NGOs, the Children’s Rights Action Group (CRAG) who have committed to work together on the implementation and the follow-up of the European Commission communication “Towards an EU strategy on the rights of the child”.

The Charter of Fundamental Rights – 2000 The Lisbon Treaty – 2007 The Charter of Fundamental Rights was drafted in December 2000; nevertheless, it did not fully come into effect until the Treaty of Lisbon was adopted. Thus, the Charter really entered into force in December 2009 when the Lisbon Treaty finally came into effect.

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Within this charter, a few articles directly concern children. For instance, the article 14 claims that “everyone has the right to education and to have access to vocational and continuing training39”. To the same token, the article 24 defines the rights of the child remembering, among others, that “children may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity40”.

Eventually, the entire chapter six is devoted to Justice, mentioning rights as important as the right to an effective remedy and to a fair trial or the right of defense. Thus, by dealing with children as well as criminal justice and because of its binding character for the EU members, the Charter of Fundamental Rights became a key EU reference in the field of juvenile justice. Moreover, it is linked to the Lisbon Treaty, which decided to put a greater emphasis on the promotion and the protection of the rights of the child, in accordance with the Europe 2020 Strategy.

The Stockholm Programme – 2009 As a multi-annual programme following the Tampere Programme of 1999 and The Hague Programme of 2004, the Stockholm Programme covers the years 2010 to 2014.

It advocates for an open and secure Europe serving and protecting the citizens. To the same token, it contains important provisions concerning judicial cooperation in criminal matters, among which individual rights in criminal proceedings and detention.

38. Art.2 of the EP resolution entitled “Towards an EU strategy on the rights of the child, 2009/C41E/04 39. Art. 14 of the Charter of Fundamental Rights of the European Union (2000/C 364/01) 40. Art. 24 ibidem

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Children’s rights are not the main subject of this programme; nevertheless, under the chapter “Promoting citizens’ rights: a Europe of rights”, this programme devotes several paragraphs to the rights of the child recalling “the child’s right to life, survival and development, non-discrimination and respect for the children’s right to express their opinion and be genuinely heard in all matters concerning them according to their age and level of development as proclaimed in the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child41”.

Thus, in accordance with other international and European documents, it asserts the rights of the child within the European Union.

Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings – 2009 Like t he Stockholm Programme, the Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings is not dealing with the specific subject of children’s rights or juvenile justice. Nevertheless, some of the issues addressed in this document can apply to children as well as adults. As a matter of fact, the protection of fundamental rights, the main topic developed here, concerns everyone. The Roadmap urges to be especially careful with the protection of thirdcountry nationals: one has indeed to make sure that they benefit from the effective respect of their Fundamental Rights as enshrined in the Charter of Fundamental Rights of the European Union. A concern that is particularly linked to the situation of some of the Roma children.

EU Agenda for the Rights of the Child – 2011 More recently, the European Union had a renewed interest for children’s rights and launched, among others, the EU agenda on the Rights of the Child on February the 15th 2011.

The latter wants to “reaffirm the strong commitment of all EU institutions and of all Member States to promoting, protecting and fulfilling the rights of the child in all relevant EU policies and to turn it into concrete results. In the future, EU policies that directly or indirectly affect children should be designed, implemented, and monitored taking into account the principle of the best interests of the child enshrined in the EU Charter of Fundamental Rights and in the UNCRC. […] The EU Agenda for the Rights of the Child presents general principles that should ensure that EU action is exemplary in ensuring the respect of the provisions of the Charter and of the UNCRC with regard to the rights of children. In addition, it focuses on a number of concrete actions in areas where the EU can bring real added value, such as child-friendly justice, protecting children in vulnerable situations and fighting violence against children both inside the European Union and externally42”.

41. Art. 2.3.2. of the Stockholm Programme 42. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “An EU Agenda for the Rights of the Child”, p.4

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In accordance with the Agenda for the Rights of the Child, even more recently, the European Union published two documents: the so-called victim’s package and a Green Paper on the application of EU criminal justice legislation in the field of detention.

The Victim’s package – 2011 At the moment, the European Commission is proposing to reinforce existing national laws concerning the fate of victims with EU-wide minimum standards and via EU Directive and EU Regulation. Knowing that juvenile justice regards children coming into contact with the law as suspects, offenders as well as victims, such measures are of great importance and could expand the rights of the child in the EU. The European Commission proposed indeed on May the 18th 2011 a set of measures to ensure a minimum level of rights, support and protection for victims across the EU, no matter where they come from or live. A Directive on minimum standards for victims and a Regulation on mutual recognition of civil law protection measures should meet all victims’ needs – regardless of the nature and place of the crime they have been affected by and their nationality. By the same token, such measures will ensure that each individual is recognized and treated with respect and dignity, receive protection and support for their physical integrity and their property, and have access to justice and compensation.

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Within this victim’s package, special attention is given to the children in so far as they are identified as vulnerable individuals. To this extent, the Victim’s package complements, at a European Union level, the UN General Comment No.13 that asserts the right of the child to freedom from all forms or violence.

Eventually, the latest of the documents published by an EU institution, and dealing with justice matters, dates from June 2011 and deals with detention.

Green Paper on the application of EU criminal justice legislation in the field of detention – 2011 The later was indeed published recently, on June the 14th to be precised, and focuses on the crucial issue of detention, which remains a current measures to any individual’s offences, children included, despite the alternatives to custodial measures promoted by various international and European standards.

This Green Paper does not deal with detention as a whole but with detention as the main cause of the lack of judicial cooperation between Member States. As a matter of fact, some countries refused to transfer offenders, be them juveniles or not, from one country to another in so far as they believe the aforementioned offenders would suffer poorer detention conditions in the country they should be transferred to. Thus, in the name of appropriate detention conditions, these Member States refuse to cooperate with others on very specific points, such as transfers.

Concerning children’s specific needs, the present Green Paper goes over a series of known principles stating for instance that “deprivation of liberty has very negative

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consequences for the child’s harmonious development and seriously hampers their reintegration in society43”. By the same token, it recalls that children should “be treated in a manner that takes into account the needs of persons of their age, including being kept separate from adults and have the right to maintain contact with their families44”.

Yet, it is also likely to create new measures in so far as this particular Green Paper launched a wide public consultation that relies on ten questions set up within the Green Paper itself. Question number 8 deals especially with children in conflict with the law in such terms, “are there any specific alternative measures to detention that could be developed in respect of children?45” Thus, one could imagine that this Green Paper could be the first step towards even greater European standards in the field of the rights of the child.

In the end, several international bodies care about the rights of the child. Here only the standards set by three of them were discussed but one has to keep in mind that there are even more bodies legislating about children’s rights and hence even more international and European standards. Besides, one may come to the conclusion that there are a great number of these standards, if not too many. Thus, it may be smarter to try to implement the ones already existing instead of working on developing new ones. As a matter of fact, among all the aforementioned international and European standards discussed here, only a few a being respected. This is mainly because only some of them are binding; State parties to the United Nations, Council of Europe or European Union are indeed not obliged to comply with the ones that are not legally binding. The only standards that these State parties have to fully respect are: »» The United Nations Convention on the Rights of the Child – 1989 »» The Council of Europe European Convention on Human Rights – 1950 »» The European Union Lisbon Treaty – 2009 »» The EU Charter of Fundamental Rights – 2009 All other rules, statements and other guidelines are respected by State parties at their pleasure. Thus, monitoring the respect of children’s rights and urging Member States to care for and wisely considerate the rights of the child is an endless aim for those advocating in favor of the most vulnerable ones.

43. EC Green Paper on the application of EU criminal legislation in the field of detention – June the 14th 2011 – p.10 44. Ibidem p.10 45. Ibidem p.11

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Chapter 2 Exploitation of foreign minors in criminal activities in Italy by Alessandro Padovani - Director of Don Calabria Institute (Com. San

Benedetto)

Sabrina Brutto - Responsable of International projects Office and project coordinator of EUROPEAN DIMENSION Cooperation of Isabella Mastropasqua – Director of BUREAU IV OF THE HEAD OF DEPARTMENT Study, Research & International Activities - Juvenile Justice Department (Ministry of Justice) The contents are part of the national report realized also with the cooperation of: Barbara Santagata – Researcher of project Office Silvio Ciappi - Criminologist Mariagrazia Mastrangelo – External consultant Roberto Alberti – Person in charge of “Service of Orientation to the Labour-Education”

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Don Calabria Institute (Applicant) Don Calabria Institute is a religious congregation that has its presence in four continents.

The Headquarters, the Comunità San Benedetto, is in Verona and manages residential and diurnal (day care) activities for the reception, rehabilitation and education of minors and juveniles in situations of disease or are inserted in penal circuits. It was officially born in 1974 and, over the decades, has developed many types of diversified services to cope up with minors’ disease.

Following the socio-cultural and legislative developments in the recent years, the organization of the Institute has been modified and updated to fulfill all the required new quality standards. The principal areas of intervention are: a) promotion of a quality culture; b) management of the services c) planning, both at national and European level in the field of juvenile care and protection and juvenile justice.

Nowadays Don Calabria Institute is a point of reference in Italy for services targeted to minors and juveniles, in particular concerning prevention and fight against juvenile crime and the rehabilitation and social working re-inclusion of juvenile offenders.

During the last years it has furthermore developed an office dedicated to national and international projects implementing and increasing the European network through initiatives insisting on the issues of juvenile justice, in close cooperation with private and public organizations operating in the field and the Italian Juvenile Justice Department.

IV BUREAU OF THE HEAD OF DEPARTMENT - Study, Research & International Activities (EUROPEAN RESEARCH CENTER IN NISIDA, OBSERVATORY AND DATA BANK ON THE PHENOMENON OF JUVENILE DELINQUENCY IN EUROPE) Juvenile Justice Department (Ministry of Justice) This Bureau was set up on 16th May 2007 with the aim of developing, monitoring and orienting the study and research area. This is performed with the intense participation in European projects, the exchange of experiences and good practices, the acquisition of new knowledge and their dissemination at local, national and international levels.

Its international features are especially carried out through the active membership to EUCPN (European Crime Prevention Network – www.eucpn.org), established with a decision of the EU Council of 28 May 2001, whose activities follow the EU Presidential turnover, as well as through the coordination of the Department’s international activities and the visits of leading personalities and foreign delegations.

This Bureau incorporated also the European Research Centre in Nisida, set up in 2003, with the aim of increasing the knowledge of juvenile delinquency through the organization of international seminars and conferences and the study of the various European judicial systems, juvenile policies and strategies of crime prevention. Its Observatory collects information and statistics to enrich the Data Bank on juvenile deviances and analyses the distress conditions causing marginalization and the

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consequent spreading of juvenile offending. The reviews “Nuove Esperienze di Giustizia Minorile” and “I numeri pensati” will be fruitful instruments of information to enhance the practitioners’ skills and activities.

The project “European dimension” for Italian partners The project had the overall objective to provide useful information to define programmes for the prevention of juvenile crime and of course concerning their treatments. The starting assumption for the Applicant was that only the knowledge of phenomena can then deal with the target group in charge or rather foreign minors exploited in criminal organizations. For this reason the produced national report has been focused on an analysis of the overall context of juvenile crime in Italy (distinction by gender, nationality, type of crime, etc.).

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The perceived need was and is to create a broader vision of the topic through a comparison of practices and intervention models, already tested or in progress, with the awareness that the same national policies increasingly are turning to foreign juveniles. The need to put attention to this specific thematic, as for the other ones taken into consideration from the other partners has the finality to promote horizontal methods and tools for the development of common strategies with a view to an enlarged European level.

Faced with this reality, given the extreme vulnerability of the circuit and criminal exploitation, the reasoning with several stakeholders has been fundamental such as the strong cooperation with the Juvenile Justice Department. The realized research and reflection have led to a multi-factorial knowledge concerning the “overview of foreign juvenile offenders” which would allow activating strategies answering to the real national needs.

1. Introduction Foreign minors involved in criminal activities form a complex and articulated phenomenon that has become essential to analyze and understand, since there are different institutions who deal with, social actors involved, the diversification of sources of data and also because of the heterogeneous characteristics of the problem (e.g. influenced by the countries of origin and places of settlement in the territory of emigration). Indeed, is essential to reflect about the evolution of this multi-faced situation and which are the best practices to deal with it. In fact, in Italy, while there’s a decrease of the number of foreign minors under criminal provision of Judicial Authority, there’s a growth of minors that remain inside in the Penal Institutions (IPMs).

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The present report intends to assess and analyze the presence and the features of foreign minors who have entered the Italian system of criminal justice, taking in special consideration the situation of minors involved and exploited in organized crime46.

The report is divided in seven main topics, which are, firstly related to the presence of foreign minors in the Italian criminal circuits and the specific features of the phenomenon of foreign juvenile delinquency, exploring the phenomenon of exploitation, the types of crimes committed and the nationalities of the minors. After that, there’s a resume of the normative approach and the educational aspects and tertiary prevention used in these cases. This article gives also special attention to the role of mass media in the process of social reintegration. To finalized, there’s a critical analysis of the policies in the juvenile crime system and a summarise of some of the good practices for youth offenders.

2. The overall context of juvenile crime in Italy and the presence of foreign minors in criminal circuits In recent years the phenomenon of deviance among minors has aroused strong social alarm in Italy as in other countries of Europe. According to the increasingly worrying reports from the authorities committed in the field of juvenile justice, the phenomenon of juvenile crime is not considered alarming for the number of crimes, but rather for the seriousness of them, the violence manifested by the youth and the increase in recidivism, showing the growing difficulty in intervening with effective prevention measures, especially in dealing with foreign minors.

Anti-social behavior demonstrated by a young person is usually a transitory episode.

However, in some cases, it may represent an initial step in the road to delinquency.

Current research supports the fact that the greatest variable influencing the probability of re-offending is the age when the first crime is committed. The studies introduced by Wolfgang, Figlio and Sellin (1972) showed that within a group of peers it is possible to predict the future delinquent behavior —and the risk to become chronic offenders— based on the age in which the first crime occurred. Longitudinal research provides an excellent tool for better understanding some aspects of juvenile delinquency because, through the construction of sequential developmental models, it allows to study changes in behavior over the course of time. The approach adopted by longitudinal research aims to identify the causes of criminal behavior in general and also allows to detect significant elements over time and to observe the evolution of the analyzed subject both in terms of recidivism and in quantitative terms.

46. Data used for our processing have been collected by ISTAT (National Institute of Statistics) and by the Office of Statistics of the Juvenile Justice Department.

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Many American and European studies on juvenile crime identified two major categories: common delinquency, a sort of phase of passage linked to the normal adolescent development; and distinctive delinquency, a form of dissocial function with a distinct group of psychological and social characteristics attributed to the subject (Frechette, LeBlanc, 1987). Another fact that emerged from these studies is that only a number of the subjects who commit their first crime as minors continue to commit crimes as adults (persisters), while the majority of youth reduce, if not entirely quit, their illegal activities (desisters) (Moffit et al., 1993). Still the data on persisters should not be underestimated and they should become the target of prompt and effective interventions of tertiary prevention.

In the sample of youth observed in the pioneering longitudinal experimental study Cambridge-Somerville Study (1951) who were followed beyond 45 years of age, 47% of those who were sentenced for serious crimes as youth reported sentences as adults for the same crimes. This means that policies aiming at reducing and controlling crime should be particularly targeted to minors, taking in consideration possible early indicators of anti-social behavior and the possible lack of protective factors (see St. James-Roberts, Samlal Singh, 2001 and West, Farrington, 1973).

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As regards the specific situation in Italy, the rate of juvenile crime is higher in Southern regions and in the islands that have younger populations (with minors making up around 25% of the general population versus 16% in central and northern regions47) and where the employment rates among young people are lower than Northern and Central regions of the Country. The non-homogenous distribution of youth among the various geographic areas of Italy must be taken in consideration whenever the trends of juvenile delinquency are examined, with consideration for the connections between age and delinquency variables. Another factor that must be considered is the rate of employment in the area: when there is no access to work because of low levels of education (such as in the South) and when there is unemployment and school dropouts among young people, the consequence is a higher percentage of young people out of work and seeking employment opportunities (even illegal opportunities).

Italian data regarding juvenile crime reveal that an high percentage of the minors reported are foreigners and even greater numbers of foreign minors are reported among minors who are subject to detention. The majority of foreign minors who are reported come from Romania, followed by Morocco, Serbia-Montenegro, Albania and Croatia. Among them there are many youth under 14 years old and in terms of gender, 23% are females (while among reported Italian minors the number of females is only 14%). Foreign minors are primarily present in the North and Central regions and are primarily reported for theft and drug sale (violation of narcotic laws) while violent crimes are more common among Italians. A recent phenomenon in juvenile crime is the increasing involvement of minors in organized crime circuits, resulting in new 47. The percentage of minors has decreased over time in the central and northern regions. In 2008, according to ISTAT, minors living in these areas were 13% of the general population.

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criminal activities such as large-scale extortion, possession of arms without license, sale of drugs in large quantities etc.

All national surveys on juvenile crime show the high presence, among juvenile offenders, of immigrant minors. However, as emphasized in the Report of Amnesty International of 2006, there’s a lack of official public data which would provide an updated and comprehensive overview of the entry and presence of foreign minors in Italy. In addition, the Report by Save the Children of 2009 highlights that while the information sources listing the presence of foreign minors in Italy are numerous, statistical data can only represent the visible number present, therefore underestimating the true extent of the phenomenon.

The growing number of reports of foreign minors is a consequence of diverse social dynamics. In particular, attention needs to be given to the social condition of extreme poverty in which immigrant minors live, often with families who are irregular and in great difficulty. Research and data demonstrate that immigrant minors - including the so-called “second-generation immigrants” —are more at risk of committing crimes or having deviant behaviors than Italian minors, as well as having school, family, social, psychological and integration problems.

When facing judiciary system foreign minors are, once again, in a position of extreme vulnerability, since when the same illegal activities are taken into consideration, foreign minors have a greater probability of being reported comparing to Italian minors.

Moreover reports reveal that foreign youth have a greater chance of being arrested.

The different and more serious judiciary involvement of foreign youth —defined as bifurcation— is a phenomenon noted also in the justice systems of other countries.

It means that at the introduction of alternative measures to detention, we see, as a collateral effect, the application of new opportunities for those minors who are more ‘lucky’ (because they receive greater assistance or they have families taking care of them, etc.), while the old punitive responses are reserved for those individuals who are weakest and most disadvantaged.

In order to understand the number of foreigners found in the juvenile justice system and the types of crimes committed, the data reported by the Juvenile Justice Department regarding the entry into Reception Centers (Centri di Prima Accoglienza or CPAs), the daily presence and entry into detention centers for minors (Istituti Penali per i Minorenni or Juvenile Penal Institutions - IPMs) and community placements need to be considered. These three realities represent the most afflictive measures that minors who have committed crimes can be subject to.

Data collected by ISTAT (National Institute of Statistics) regarding the population of Italian minors between the age of 14 and 21 years show that from 1992 this population has been slowly shrinking, down from 6.729.586 to 4.393.269 in 2010. Whereas data regarding foreign minors, on the other hand, show that the population grew from 131.157 in 2003 to 370.654 in 2010. In general, it should be noted that from 1997 the presence of foreign minors in the penal circuit became, slowly but progressively, a significant

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component. The majority of the foreign entrants come from Eastern European countries such as Romania, Albania and former Yugoslavia (Bosnia-Herzegovina, Serbia-Montenegro and Croatia), North Africa (mainly Morocco and Tunisia) and a much lower presence of youth come from Americas and Asia. As with crime among adults, males are primarily those who commit crimes, even if among the foreign minors the female component is fairly prominent.

The Reception Centers (Centri di Prima Accoglienza or CPAs, where a minor who has committed a crime is taken to for a maximum of 96 hours, awaiting the validation hearing) registered the greatest number of entries of Italian youth in 1992. From 1998 there was a significant decrease, dropping in eleven years from 1.917 to 1.494 in 2009.

As for foreigners, 2,305 entries were registered in 1998, slowly dropping to 928 in 2009.

Table 1. Entry of minors in CPA divided by citizenship, compared to all the reports and the minor population. Years 1992-2009

Entrances in CPA (A.V.) Years

38

Italians

Foreigners

Total

Reports

Rate 1

Pop

Rate 2

A.V.

(x100)

Minors

(x100)

1992 2.591 1.916 4.552 44.788 10,16 3.177.809 14,3 1993 2.376 1.746 4.122 43.375 9,50 3.012.735 13,6 1994 2.161 1.924 4.085 44.326 9,21 2.848.464 14,3 1995 1936 2.239 4.175 46.051 9,06 2.709.903 15,4 1996 1.952 1.838 3.790 43.975 8,61 2.604.475 14,5 1997 2.007 2.189 4.196 43.345 9,68 2.522.533 16,6 1998 1.917 2.305 4.222 42.107 10,02 2.464.151 17,1 1999 1.973 2.275 4.248 43.897 9,67 2.413.008 17,6 2000 1.744 2.250 3.994 38.963 10,25 2.366.984 16,8 2001 1.711 1.974 3.685 39.785 9,26 2.312.908 15,9 2002 1.561 1.952 3.513 40.588 8,65 2.273.081 15,4 2003 1.532 1.990 3.522 41.212 8,54 2.268.588 15,5 2004 1.587 2.279 3.866 41.529 9,30 2.272.295 12,1 2005 1.540 2.115 3.655 40.364 9,05 2.305.982 15,8 2006 1.480 2.025 3.505 39.626 8,84 2.304.010 15,2 2007 1.545 1.840 3.385 38.193 8,86 2.354.178 14,4 2008 1.547 1.361 2.908 * * * * 2009 1.494 928 2.422 * * * * A.V. Absolute value in thousands; Pop min= resident minor population; Rate 1= rate of entrances in CPA out of the total number of reports x 100; Rate 2= rate of entrances in CPA out of the minor population x 10000. Source: Personal elaboration of data in absolute values from the Office I of the Head of the Juvenile Justice Department â&#x20AC;&#x201C; Service of Statistics and ISTAT. * Data not available.

Tab. 1 shows that while in the period from 1997 to 2007 juvenile foreigners represent the majority of admissions, with a trend showing an increasing percentage compared to Italian

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adolescents, in 2008 and in 2009 the number of foreign minors in CPA is lower than Italians.

The situation is very different from territory to territory. The headquarters of CPA, where the presence of foreign youth is more consistent are almost all in the North and Center (Turin, Milan, Rome, Florence, as well as Bologna, Genoa and Treviso), while the headquarters of the South show a low presence of foreign youth, with exception of Nisida (Naples), where the presence of foreigners is very high (80%). This differentiation is in line with the reports that show a prevalence of foreign youth in the regions of Central and Northern Italy and of Italian youth in the South.

Taking into account the age of the minors entering in the reception centers from 2004 to 2009, a prevalence of 16 and 17-year-olds is evident. There are fewer 14-year-olds, accounting for around 212 entrances per year. As for minors who are non imputable, i.e., those who are under 14 years of age (3%), they are usually foreigners and often without proper documents so their age can only be estimated later by a radiological exam, arranged for by the judge. Minors under the age of imputability are for the most part foreign youth and, among them, females represent a significant component.

The majority of crimes that minors in CPA – both Italian and foreigners - committed are those against the patrimony, namely theft and robbery. Violations of narcotic law (D.P.R. 309/90 “Testo Unico di legge” regarding narcotics and psychotropic substances and the prevention, cure and rehabilitation of drug addiction) are also very frequent among these minors, while crimes against the person are less frequent, especially in recent years. As regards the relation between nationality and type of crime, crimes against the patrimony are prevalent both for Italian and foreign minors, although Italian minors are less involved than foreigners. Italian minor are more involved in violations of the D.P.R. 309/90 for narcotics and crimes against the person. In terms of gender, females are primarily involved in crimes against the patrimony.

Table 2. Presence in IPM by nationality. Years 2004-2009 Italians Years

Presence

Rates ‰

Foreigners Presence

Rates ‰

2004 226 7,67 272 22,57 2005 218 7,65 259 21,84 2006 191 6,77 227 19,89 2007 205 7,37 218 20,98 2008 256 6,80 212 6,50 2009 285 7,00 181 5,50 Rate= rate of presence in IPM compared to the Italian/foreign minors reported x 1000. Source: Personal elaboration of data in absolute values from the Office I of the Head of the Juvenile Justice Department – Service of Statistics.

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As far as Penal Institutes for Minors are concerned (Istituti Penali per i Minorenni or IPM, namely detention centers which ensure the execution of the sentence pronounced by the judicial authority whether it is cautionary custody or expiation of the penalty), in the last ten years the average daily presence of Italian youth is around 250 individuals.

In 1998 the presence was 267, decreased slightly in 2005 to 218 and 2006 with a presence of 191; by 2008 à 256; in 2009 à 296; in the first six months of 2010 à295. The presence of foreign youth increased in the period 1998 – 2008, from 171 in 1998 to 212 in 2008 with peaks in 2004-2005 (respectively 272 and 259), and decreased in 2009 to 181 individuals.

In the first 6 months of 2010 the average daily presence in IPM was 302 for Italians and 163 for foreigners.

Nationality allows for a distinction even in terms of judicial position of the detainees; among detainees who are serving a sentence 41% are Italians, while 36% are foreigners; and for minors in cautionary custody (or waiting for the primary hearing, appeal hearing or appeal to the Supreme Court), 57% are Italians, 62% are foreigners. Regarding the age, detainees in IPM also include those who are considered ‘young adults’ (ages 18 to 21) who committed crime when they were still minors. According to Italian Law, in fact, youth between the ages of 18 and 21 who committed crimes when they were still minors should be followed by Social Services for Juvenile Justice. The average age of users, however, is around 16 or 17 years old, while the rest have 14 -15 years old.

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As regards crimes, minors and young adults in IPM are primarily detained for crimes against the patrimony (in particular theft and robbery), as well as for those in CPA, with a slight drop in recent years for Italian minors. Among detainees in IPM the number of crimes regarding violations of the narcotic laws (D.P.R. 309/90) is noteworthy, while there is a lower number of a crime against the person. In terms of nationality, Italians commit more crimes against the person, against the patrimony (theft) and violations of narcotic laws while the crimes most frequently committed by foreigners are those linked to the violation of narcotic laws, theft and robbery. Regarding gender, males commit more crimes than females, which confirm the overall tendency. Among females, foreigners commit more crimes than Italians, and these are mainly crimes against the patrimony.

Table 3. Entry of minors in IPM by nationality compared to the absolute value of reports. Years 1999-2009 Italians

Foreigners

Years

Entrance

Reports

Rate %

Entrance

Reports

Rate %

1999 2000 2001 2002 2003 2004

871 779 698 630 686

32.010 29.839 31.065 30.579 29.747

1.005 1.107 946 846 895

11.887 9.124 8.720 10.009 11.465

629

29.476

2,72 2,61 2,24 2,06 2,30 2,13

965

12.053

8,45 12,13 10,84 8,45 7,80 8,00

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Italians

Foreigners

Years

Entrance

Reports

Rate %

Entrance

Reports

Rate %

2005 2006 2007 2008 2009

581 645 694 694 699

28.504 28.213 27.803 * *

2,03 2,28 2,49 * *

886 781 692 653 523

11.860 11.413 10.390 * *

7,47 6,84 6,66 * *

Rate= rate of entrances of Italian/foreign minors in IPM out of the total reports x 100. Source: Personal elaboration of data in absolute values from the Office I of the Head of the Juvenile Justice Department â&#x20AC;&#x201C; Service of Statistics.

In distinguishing entrances inside IPM by nationality of the subjects (Table 3), we note that more frequently the restriction inside an IPM is adopted towards foreigners. The rate for Italians is 2% while the rate for foreigners varies between 6 and 8%. The rate of incarceration of foreigners is three times more that of Italians, despite the fact that the proportion of most serious crimes against the person committed by foreign minors is only one third of those committed by Italians. Data from the Ministry of Justice related to the interventions adopted by the Social Services Offices for Minors (Uffici di Servizio Sociale per i Minorenni or USSM) with Italian and foreign adolescents show that for Italian youth there is a prevalence of non-detention precautionary measures such as placement in a residential facility (31%), permanence at home (28%), prescriptions (19%-21%), while for foreigners precautionary detention clearly prevails over the other measures (39% -37%). Despite this general trend, in 2008, for the first time in nine years, the number of entries of Italians (694) is higher than that of foreigners (653). This figure is confirmed also in 2009, 699 Italians and 523 foreigners.

Communities are structures created to ensure the execution of the measures issued by the judicial authority, run either privately or by the Ministry of Justice. In terms of placement in communities, which can be disposed as a precautionary measure, serving as an alternative to a CPA or as a security measure for juvenile offenders who are not chargeable, thereâ&#x20AC;&#x2122;s a growing trend of placements over the years. Italians primarily benefit from this opportunity; from 329 placements in 2000 there was a significant growth in 2001 with 804 minors, arriving to 1.386 minors in 2008 and 1419 in 2009. In 2000 there were 92 placements of foreign and nomadic minors in communities. This number grew to 539 in 2001, reached 824 in 2008 and newly decreased to 681 in 2009. In the first six months of 2010 minors in communities were 578 Italians and 231 foreigners.

Examining the data more closely, according to the various branches of Juvenile Justice Centers on which the different communities rely, we see that the situation is greatly diversified: for those communities referring to CGM of North Italy, the presence of foreign users seems to be very high, while communities in the South show a clear dominance

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of Italians. This is undoubtedly related, as mentioned above, to the significant presence of foreign minors among those reported in Central and Northern regions compared to those in the Southern ones, where the presence of foreign juveniles is less pronounced, but may also be “covered up” to a greater extent by the local organized crime.

3. Specific features of the phenomenon of foreign juvenile delinquency Profile of foreign juvenile offenders

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When talking about foreign juvenile crime there are two basic explanatory hypotheses: the first links deviance to the condition of being a foreigner and the second to the specific ethnic or national membership. The first assumes that being a foreigner is a disadvantage, the foreigner is not homologous to the native population and tends to fall into the category of deviant. This situation, in turn, imposes limitations on the freedom of action and more frequent checks by police. The second refers to the ties that some immigrant minorities have to specific deviant careers, that is, both large-scale involvement in illegal activities and the development of a true criminal phenomenon on a national and ethnic level.

When interacting with foreign minors in Italy it is essential to understand three aspects, such as who are these minors, where do they come from and to which extent they are present in Italian territory. When addressing the first question, some of the categories are: »» minors born in Italy with immigrant parents who are legal residents; »» minors legally entering Italy to be reunited with their family; »» minors illegally arrived after a long journey through different foreign countries without any adult figure of reference; »» minors illegally arrived in Italy with their parents; »» minors illegally transiting through Italy heading to other EU Countries; »» minors illegally arriving to be reunited with their parents or other relatives; »» minors who are victims of trafficking.

The main risk factors causing deviant behaviors are the nature of departure from the country of origin, the means of entry in Italy, family status, the ethnic and national networks, discrimination in the host country, the need for affirmation, circumstances encountered by unaccompanied foreign minors, the use of specific ethnic groups, the critical moments, the level of poverty and/or exclusion and the existence of criminal networks among compatriots. The unifying element among all of these factors is the lack of integration.

One of the most critical situation among those who are seriously at risk of committing crime and of being involved in organized crime is faced by unaccompanied foreign

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minors48 (minori stranieri non accompagnati or MSNA). From the Report of Save the Children 2009 emerges the fact that, within the international framework, unaccompanied minors49 are the newest players in the migration process, and that in the last 10 years their number has increased considerably. According to the United Nations’ High Commissioner for Refugees (UNHCR), in 2008 over 16,300 applications for international protection of unaccompanied foreign children in 68 different countries were submitted. Of these applications 6,000 children were recognized as refugees or in need of supplementary protection.

The exponential growth of this group of minors during the last decade has also made an impact on Italy, as various types of minors require a diversification of interventions.

Among the reasons forcing these children to migrate are the basic hardships (on a cultural and economic level), territorial displacement, exploitation, abuse within the family, the loss of parents, the desire to have a better life, life goals and coercion by criminal organizations.

Exploitation of foreign minors by criminal organizations The reality of exploited minors is a phenomenon that Italy is unprepared for, on a legislative, organizational, cultural and, also, educational level. Italy, which until few decades ago was a land of emigration, has become in recent years a country of immigration, where masses of immigrants and their families come, desperately looking for work or other opportunities.

Migrating minors are often subjects and victims to deviance which is not always wanted or planned. Such reality represents a worrying phenomenon for youth with specific risk factors related to migration processes and their establishment around courses of illegality, or, rather, gravitating around those areas at the limits of legality.

“Minors, for the criminal organizations represent privileged goods and raw materials for certain lucrative illegal business, such as prostitution, pedophilia, production of pornography material, illegal adoption, organ trafficking. The choice to work in certain illegal fields is not casual, rather it is based on a thorough knowledge of criminal law in 48. The Regulation of the Committee on Foreign Minors (Decree of the President of the Council of Ministers 535/99) has introduced the following legal definition, for an unaccompanied foreign minor in the territory of the State: “a child without Italian nationality or nationality in another EU Countries who has not submitted any applications for asylum and is residing in Italy without assistance or representation by parents or other legal guardians in accordance with Italian Law”; this Committee has also specified that in order to be considered accompanied, the children must be entrusted with formal provision to relatives of at least the third degree who are in the country legally.

49. The first reference to unaccompanied foreign minors is placed in a resolution of the Council of Europe of 26th June 1997, defining them as “citizens of third-party countries, under 18 years of age who entered in the EU Member States territory unaccompanied by an adult responsible for them in accordance with the law. This condition remains until the minor is not effectively taken in custody by one of these adults.

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the Countries where these activities take place and depends mainly on the demand for certain servicesâ&#x20AC;? (Cimmino, 2006). The markets of exploitation involving children are included in some primary and recurrent typologies, like begging, illegal activities such as theft and pick-pocketing, sale of drug and prostitution.

The involvement of juveniles in begging, in illegal economies and in prostitution is a complex and alarming social phenomenon. It is mainly an urban phenomenon affecting children from North Africa (Morocco, Tunisia, Algeria, Egypt), from subSaharan Africa, Eastern Europe (Bulgaria, Albania and Romania), the territories of former Yugoslavia (Serbia-Montenegro, Bosnia- Herzegovina, Croatia and Slovenia) and from Asia (India and Bangladesh). Currently, the largest groups in Italy are Romanian and Moroccan minors under 14 years of age or adolescents.

The distribution of children in these specific areas responds to specialization logic in the activity, which is determined by several factors such as paths of migration, the presence of an adult reference figure who may or may not be involved in illegal markets, the role played by Italian crime and the territory in which minors immigrate and that from which they emigrate.

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The phenomenon of the exploitation of minors takes on different forms and varies depending on the type of activity, geographical origin, age, presence or absence in Italy of a family member, or of the entire family, and the characteristics that distinguish it.

Among the forms of exploitation, the most traditional, with ancient origins, is linked to the violation of the laws on minorsâ&#x20AC;&#x2122; labour. Examples of this reality can be found among Chinese children who are employed in the textile factories of family owned businesses, or for children of different nationalities who are recruited to work in the fields doing agricultural or construction work. Another widespread form of exploitation concerns the illegal selling of flowers, lighters, cigarettes, clothing and carpets by minors on the street. For this kind of activity minors under 14 are preferred as they are not imputable under Art. 97 of the Criminal Code50.

Begging is also very common. In this respect, a recent law of the Constitutional Court repealed Article 670 Criminal Code concerning the criminal liability of anyone begging in public places or places open to the public, except for those under 14 years engaged in this activity, as it is still considered an offence for them. The activity of begging differs depending on geographical membership. In the case of Roma children, often the practice of begging impacts the entire family and this activity is seen as an integral part of their everyday life, working together and cooperating to support the family. For Moroccan juveniles, begging is accompanied by other realities such as street trading and windscreen-washing and in these cases the child helps an adult.

The activity of begging, both in the form of simple begging typical of Roma children, or when involving windscreen washing and street trading carried out by Moroccan children, can hardly be considered exploitation related to trafficking. Many times it is preceded by illegal emigration or a phenomenon of smuggling of migrants, managed 50. Art. 97 c.p.: Those who, at time of offence, are under 14 years of age are not chargeable.

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by an organization facilitating the illegal border crossings which presents distinct characteristics depending on the country of origin (Cimmino, 2006).

Once in Italy, it is difficult to assess if the children are victims of exploitation. For the Roma children who beg with their family without any violence or coercion and within a cultural context lacking of the traditional family care, it is not easy to define this phenomenon as exploitation. Although minors are forced to beg on the street more than ten hours a day in any weather conditions, this activity is considered among the least dangerous and afflictive, with the exception of unaccompanied minors entering in these circuits who besides being abused and exploited are obliged to pay the full amount collected to the exploiter to cover the costs of moving to Italy.

The most common and widely-spread typology of exploitation of minors is the use of minors for small theft such as pick-pocketing, burglary, stealing motorcycles and other crimes. The commission of these crimes put children in contact with high levels of risk and violence. Also, in these cases, the child spends his days on the street, in places frequented by tourists or commuters, with the unique concern to gain the amount that his exploiter expects to receive in the evening. In these cases the exploiter adopts the threat of retaliation or punishment if the child is caught in the act or is unable to deliver the amount due at the end of the day. The organizational system regulating such exploitation includes different types of deviant or illegal activities, in particular, crimes against property. For such activities the use of unaccompanied minors is quite typical, whether sold or rented to third-party acquaintances who exploit them, holding all the earning they have obtained (in these situations we are dealing with child trafficking with the purpose of severe exploitation).

Even in the case of nomadic children accompanied by their families, they are often coerced by threats of beatings by their parents, so that, on many occasions the hypothesis of slavery is envisaged. In this regard, it should be noted that the Geneva Convention of 1956 deals with cases in which a child or adolescent younger than 18 is delivered by one or both parents, by a guardian, to another person, for payment or not, with the intention of exploitation of the child or adolescent and the work that they do as slavery.

Another type of criminal activity connected with exploitation regards the involvement of foreign minors in drug dealing, particularly in large cities. This crime is usually committed by North African minors living in Italy without a residence permit. They sometimes enter illegally, but are often entrusted by parents to relatives or family friends who already live in Italy. The recruitment of these children in the scheme of pushing drugs is usually through other fellow citizens who make use of them as couriers. For these children the conditions of exploitation are very high. In the case of trafficking, the form of exploitation in Italy, as country of destination, is particularly acute and brutal. The circumstances in which working children are exploited in the pushing of drugs (cannabis and, rarely, cocaine) present a very high level of risk and concern. These children, in fact, work late at night and they usually live with adults who are exploiting them or with other children involved in the same activity. It follows then,

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that the young age of the child, group dynamics street life and fear are all factors that can lead to experimentation with substances and dependency. The use of chemicals such as glues, solvents or psychotropic drugs may be frequent.

The coercion is often not achieved through physical violence, but rather through economical and psychological constraints dictated by the need to repay the debt incurred by the family to pay for his/her bed, food and earn some extra money.

46

A final type of exploitation regards the prostitution of minors. Worldwide the most common and growing form of child trafficking is the exploitation of minors for sexual or commercial purpose. Criminal organizations involved in child prostitution, sex tourism and the production of pornographic materials through the exploitation of the young and the very young are present in different parts of the world (Di Bello, n/d). In Italy the phenomenon of child prostitution is a quite recent reality and involves mostly female minors from Eastern Europe, in particular Albania, former Yugoslavia, Romania and the Czech Republic. “It is possible to estimate their presence in terms of several hundred minors, although it is an ever growing number. Although there is no objective evidence about the existence of any structured criminal organization entirely dedicated to the trafficking of children for sexual purposes, we have seen that the widespread presence of prostitution in Italy, has been linked, on occasion, to immigrant groups who increasingly make use of minors to get started in this business. The focus should not only be on child prostitution, which in Italy seems to have a relatively low incidence, but on the exploitation of children in the computerized circuits of pedophilia and print/ visual pornography; activities often symptomatic of prostitution” (Di Bello, n/d).

Type of crimes committed by juvenile foreign offenders Before analysing in detail the phenomenon of foreign juvenile crime in Italy it’s useful to take in consideration some general aspects of migration and deviance of immigrants in our country. According to the Report “Foreign minors in Italy, identification, reception and future perspectives” published by Save the Children 2009, there has been a progressive increase of the population of foreign residents in Italy. During the years 2004-2009 foreign residents increased 95.5% from 1.990.159 to 3.891.295. At the same time, the percentage of foreign residents in the total population increased from 3.4% to 6.5%. A closer look at data of foreign residents shows that the largest community are Romanians (796.477 individuals), followed by Albanians (441.396), Moroccans (403.592) and Chinese (170.265).

A problematic issue linked to the migration progress is the deviance of immigrants that causes feelings of fear and great social alarm among Italian population. A survey on attitudes towards immigrants carried out in various European Countries found that 39.7% of Italians perceived immigrants as a threat to public order and personal safety, compared to the European average of 36.2% (North East Foundation, 2002). The issues linked to immigration seem little different from those that, at the beginning of the

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twentieth century, inflamed American society, creating public alarm and promoting the first research in the field51.

The situation in Italy, like in other Western Countries, shows a pattern of crime characterized by cyclical fluctuations. Both for theft and for murder, the initial cycle was marked by strong expansion, lasting until 1986, followed by a second one - still ongoing - where the curves are less pronounced showing levels similar to the maximum levels recorded during the first phase (Barbagli, 1988). This highlights the idea - actually widespread in Italy - that immigration has caused a rise in crime is totally unfounded, since the initial phase of maximum expansion took place when the migration process was just beginning.

At first glance, the crime statistics are very alarming and show an increasing share of foreign presence among people reported as well as those detained in prison (sentenced or detained in custody). The ‘90s were characterized by a general increase of foreigners in the prisons in this country. It is important, however, to be careful in order to grasp the various implications. It is interesting to observe, for example, the types of crimes immigrants are more frequently denounced and condemned for, the gravity of the offence and the different approaches and reactions the agencies of control have, depending on who the offender is, whether he/she is a foreigner or an Italian citizen.

Data reveal that the majority of foreign citizens reported are irregular. Moreover, analyzing the types of crime most frequently attributed to immigrants, the low incidence of bodily harm is evident, whereas they are more likely to commit crimes against property (theft more often than robbery), outrage and resisting the police, possession and sale of drugs, crimes against the economy and the public faith, such as selling products with counterfeit trademarks and the falsification of documents. These crimes are strictly connected to the precarious condition of immigrants, who are often excluded from the labor market and from the social security system, and are crimes in most cases related to procurement of equipment and means of subsistence, or related to the illegal status of these immigrants. In any case, we faced a highly visible type of crime happening on the streets. Even if these crimes can’t be considered responsible for the diffusion of fear in the large cities, since fear was already widespread before the migration processes started (Barbagli, 1998a), they certainly contributed to the increase of public alarm and prejudice towards immigrants. This is true even in areas where the crime level is generally very low.

51. It is interesting to note that the mentality of Americans during the early 30’s could be summarized by the perceived need for protection from undesired foreigners and above all from offenders, with the belief that the most dangerous offenders were those coming from Southern and Eastern Europe and that a criminal nature was in the “blood,” being an inherited trait. Fortunately, researchers of the Wickersham Commission dismissed the investigation of biological factors to focus on economic, social and cultural variables, clearing up many biases and prejudices - which also involved immigrants from Italy – concluding, after a careful analysis of data, that “in proportion to their entity, foreigners generally commit less crimes in respect to the local population” (Barbagli, 1998a).

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The second point that should be taken in consideration is the high presence of foreigners in prisons, most of them in custody, which is seemingly disproportionate compared to the number of reports. The general social, work, family and environmental conditions experienced by the foreigners have a particular influence and impact on the decision of the magistrate regarding the adoption of custody and the type of custody.

It is also clear that foreigners are more often arrested than reported and the crimes they committed are less serious than those committed by Italians (those against the person). In addition, Italian juveniles register the highest number of reports within the various areas considered (see graphics 1 and 2).

Graphic 1. Reports related to foreign minors by territory and type of crime. Year 2007

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Source: Personal elaboration of Istat data.

Graphic 2. Reports related to Italian minors per territories and type of crime. Year 2007

Source: our processing of ISTAT data.

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The push factors of migration and its direction appears to be strongly influenced by criminal interests which have exploited moments of social crisis and have actually altered the relations between immigration and crime. Some sociological studies identify three criminal typology regarding illegal activities: 1º - Within the first type, we find criminal associations with a foreign matrix, whose number and level of organizational complexity are constantly increasing. The entry of Chinese immigrants, for example, has been facilitated by the existence of complex organizations which manage the illegal immigration in Europe.

2º - The second type of criminality related to migration covers the recruiting of illegal immigrants by previously organized and active groups for unskilled criminal tasks (drug dealing, smuggling) and illegal exploitation (prostitution, illegal work etc.). Many non-EU citizens come to Italy to find a job and often end up becoming unskilled low cost workers of criminal organizations in the field of drug dealing, replacing Italian drug addicts who used to be employed by these criminal organizations.

3º - Finally, the third type are those criminal events, extemporaneous and without stable connections to criminal groups, committed by nonEU citizens for reasons of survival and social exclusion (e.g. theft, pursesnatching, assault). This is an increasing phenomenon, especially in large urban areas, which produces alarm and insecurity among citizens; this situation is requiring careful attention as it is susceptible to degeneration, both on a social and criminal level.

The influence of organized crime on juvenile delinquency among immigrants is also evident in the commission of “less serious” crimes (e.g. theft, robbery, extortion), as such cases constitute the first link in a long criminal chain in which foreign children are forced to participate.

Crimes against patrimony have been the most widespread criminal activity among foreign offenders in the last decade, as referenced by ISTAT’s data for the period 20052007. Immigrants constitute, on average, nearly the 37,4% of those reported for crimes against patrimony. From 2005 to 2007 the number of foreigners reported for other crimes, such as those against the person as well as those against the family, the public morality and decency, increased. In that period, foreigners were mainly reported for the crime of theft (17.336 reports, representing approximately 51,5% of the reports and 46% of the total number of individuals reported for this offense). Furthermore, the number of foreigners reported is steadily decreased from 11.860 in 2005 to 10.390 units in 2007, a decrease of 16,4%. It is also interesting to note how, at the same time, the number of Italians reported also decreased by 2.5%. The consistency of foreigners involved in the cases being examined can be explained because immigrants are involved in a wider range of theft, such as pick-pocketing, shoplifting, car theft and burglary.

Because of these diverse ways of implementing the offense, we can gather that theft does not only express a deviance ‘per need or necessity’ but an activity of interest for organized groups as well. Among the various forms of theft, robbery incites particularly

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strong social alarm, which may arise in situations that start as a simple theft, but then degenerate into robbery because of the use of violence for various reasons. However, data on the period 2005-2007 show an increasing disaffection of foreigners with this specific criminal typology (robbery), as well as for the crime of extortion.

Nationality of juvenile foreign offenders The deviance of juvenile foreigners in Italy involves, in particular, minors from Albania, Romania, North African and Slavic nomads, and their behavior differs according to their geographical origin. The first indications of the presence of Albanian children in Juvenile Justice Centers were recorded in 1995 by some large cities such as Rome and Milan, and only subsequently, with increasing frequency, by other Central-Northern cities.

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Minors from Albanian arrive in Italy alone through the work of clandestine organizations supporting their arrival and, frequently managing their subsequent placement in criminal activity which, varying in the degree of involvement, includes begging, robbery and even exploitation of prostitution. In some cases, the type of crime committed and traditional indicators (tests, statistical calculations, field experience) used by justice operators to learn about youth crime revealed a high degree of social danger and the presence of direct links with organized criminal groups of Albanian origin. Often, Albanian juveniles are accompanied by an adult relative who manage his/her exploitation, starting with begging or using him/her for thefts of various kinds. The presence of Albanian minors in the Italian territory has led to considerable difficulties in regards to the measures and actions to be implemented, both at judicial as at social level.

Due to a number of problematic issues, the traditional forms of response provided by the juvenile justice system are unfeasible at this moment. As for cooperation with justice operators, juvenile Albanians showed a certain difficulty within relationships, resulting in attitudes of rebellion, in attempts to manipulate the intervention of social workers in his/her favour, in the rejection of alternative measures to prison and in repeated attempts to escape from juvenile justice structures and facilities.

The presence of Romanian children (including Roma) involved in activities of begging or crimes against property are common in many Italian cities. This phenomenon seems to especially affect the large cities of North-Central Italy, where we also find Romanian minors involved in prostitution. The migration patterns of children from Romania differ considerably according to their position in the markets of exploitation. A significant number of Romanian children move alone, without having a common plan with family.

Their motives for migration are, to name a few, the need to earn money to improve their living conditions and of their families; an attempt to escape from a difficult reality; the desire for adventure; a longing for new experiences and the aspiration to become rich.

Many of them move along with their families or join the family once they arrive in Italy, while only a few of them move alone under a family mandate.

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A particular distinction must be made in regards to Roma children, who generally arrive in Italy within the context of family migration. The child, however, lives in a state of severe neglect and a certain number of them are rented or sold by the family of origin. The “transfer” takes place through the signing of specific pacts in the form of a contract between the family and a third party, who then manages the child. The awareness of the family, as to the purpose of these agreements, varies - in cases where the child is “sold” the family is perhaps unaware of the fate of the child, while in cases where the child is “rented” it is very likely that both parents are aware of it. The reason for agreement, in fact, seems to be clearly established, children are recruited to steal.

Their family in their home country will only receive the amount agreed upon by the contract if they perform this work adequately.

When discussing the arrival of Romanian children (including Roma) in Italy we should consider that, since 2007, when Romania joined the European Union, it is no longer necessary to implement special arrangements to cross the border. Thus, all children arrive for the first time in Italy by land through regular border crossings, without special checks. The route of preference for arriving in Italy seems to be the one passing through Hungary and Austria and the travel is almost always by private cars or buses.

The driver or an adult traveling with them has the power of attorney, stating that the child is allowed to leave the national territory.

The living conditions in Italy of the Romanian children depend, primarily, on the presence or absence of a family of reference. In the cases of presence, the Roma youth lives with the whole family in illegal nomad camps, and the Romanian children frequently lives in decent housing with their parents. In the case of unaccompanied minors, if they’re involved in illegal activities, regardless of the level of exploitation they are subject to, they live on the street with small groups of peers or with older youth, or they live in factories or abandoned and dilapidated houses in the suburbs of large cities. These living conditions are certainly poor and disagreeable, and facilitate the inclusion of children in illegal and deviant activities, especially in the case of those who, in Italy, encounter people eager to exploit them. To this end, explicit means such as overt threats and persuasion are used by exploiters to convince minors to enter into these illegal circuits. Exploiters often hold them to a moral duty to work, i.e. to commit offenses in order earn what is needed to economically support their family of origin.

Another significant component of non-EU juvenile offenders are North African adolescents, mostly Moroccans and Tunisians, who are attributed to drug dealing, crimes against property or illegal street trading and whose presence is reported mainly in the Northern-Central areas of this country. Initially, the Moroccan and Tunisian arriving in Italy had a rather high average age of over 30. For many years we assisted the arrival of adolescents and young adults without family and once they arrived in Italy they worked principally selling products door-to-door or in the markets as street traders. Since 1987, there has been a reversal due to the growing presence of unaccompanied adolescents, coming from especially poor and deprived areas of Tunisia and Morocco. The presence of these minors from Maghreb can be explained by examining the internal structure

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of these countries and by a change in policies promoted by Tunisian and Moroccan authorities, which, until 1987, had limited the issuance of passports and the crossing of borders for minors, especially those unaccompanied.

Moroccans children emigrate to Italy mostly alone and by family mandate. They are not forced to leave, but leave as a result of a decision made by the family requiring the child to assume a high level of responsibility, to meet the expectations of the family group and to improve their future life. Once these children, from the central areas of Morocco, Khourigba and Beni Mellal, arrive in Italy, they face life and work conditions of different kind. On the other hand, a small minority leave without any family mandate. They are mainly children from the suburbs of the city of Casablanca who are severely deprived and often were already â&#x20AC;&#x153;street childrenâ&#x20AC;? involved in illegal activities on their own country.

Not all North African minors involved in deviant behavior come into Italy with a clear plan for placement in organized crime. There are cases in which the arrival of the child was organized by groups of adults, mostly compatriots, who manage the inclusion in criminal activities by the manner of carrying on begging. In some cases children work together with a relative who also gives them support and protection.

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In other migration routes, the minor, arrives in Italy alone, tries to work honestly without success, and thus slips into the system of exploitation (of drug dealing or robbery) allowing him/her to earn money more easily. In any case, the vulnerability of the minor plays an important role in the subsequent possible involvement in criminal circuits and exploitation by organized crime: we are talking about children exposed to life on the street for most of the day, exposed to places and people offering opportunities for quick, illegal money.

4. Normative approach and problems related to foreign juvenile offenders The legal treatment of a juvenile foreign offender is on the border between two legislations characterized by opposite tendencies: 1) juvenile criminal law, based on principles of protection and support, and 2) law on aliens, basically conceived as a public security legislation and based, at least in part, on principles of control and security.

As regards juvenile criminal law, Italian system is generally considered a lenient system especially after the passing of the new Minor Criminal Procedure Code (Presidential Decree No 448 of September 22, 1988 Approval of the provisions for criminal proceedings towards juvenile offenders), ensuring minors a specialized Judge, a process-oriented approach to the assessment of the crime and to the person committing it, recognizing that the individual is a minor and therefore in a formative stage of life with the right to education, support and protection.

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The birth of this discipline was profoundly marked by two fundamental cultural acquisitions of last decade52: “The first is perceiving the minor as a holder of rights and, above all, as a holder of the right to education, (...) and the second is perceiving the criminal procedure as an opportunity for rehabilitating those interrupted or diverted learning process, and not as an occasion to assign to minor the tag of deviant. Real social defense is not realized through the temporary detention of the juvenile, but through the restoration of his personality”.

For the first time, with D.P.R. n.448/1988, the interest of the child, educational needs and child’s protection become relevant criteria on a legal basis, able to influence the decisions and choices within the whole criminal procedure experienced by the minor. According to D.P.R.n.448/1988, the rehabilitative treatment should start by considering the specific needs of each individual, emerging from an observation of the personality53 (art. 9 DPR 448/88) by specialized operators, with which it’s possible to draft a Individualized/ Tailored Educational Programme (Progetto Educativo Individualizzato - PEI) aiming to make the offender responsible.

Consistently with this approach, one of the fundamental principle of the Italian Minors’ Criminal Procedure Code is the “residuality of imprisonment”, a measure to be used only when no other procedure can be applied or when no positive feedback is given. The execution of a sentence in a Minors’ Penal Institution (IPM) is, in fact, rarely a deterrent.

In most cases it reinforces the subject’s role as a delinquent, without expressing an educational purpose or facilitating rehabilitative channels. For this reason the juvenile legislation states that any criminal intervention towards juvenile offender, consistent with the principle of decriminalization, is designed as a last resort (extrema ratio), and offers the juvenile a wide range of alternatives to detention and criminal procedures.

Probation (art. 28 DPR 448/8854) and the measure of placement in community (Art. 22 DPR 448/88) are two of the most significant. For probation, in particular, the purpose of rehabilitation prevails over the state claim to trial and punishment for acts constituting crime, given the condition that there is concrete evidence that the child has surpassed 52. The document constituting a keystone and reversing the old logic on which the previous juridical orders were based, is the Declaration of the Rights of the Child, adopted by the League of Nations on September 24, 1924. This document, called the Declaration of Geneva, states some fundamental and inalienable rights of the child who, upon being recognized as a bearers of rights, becomes a full citizen. In the subsequent Declaration of the Rights of the Child, of September 20, 1959, two assumptions have been focused on: faith in fundamental human rights, in dignity, in the value of a human being, and the belief that the child, due to his/ her physical and mental immaturity, needs particular protection and specific care.

53. A close analysis and assessment of personality is requested, according to art.9, for every minor displaying behaviors punishable by the law, in order to propose a type of processing intervention to be realized for his/her benefit, taking into account the emotional, educational and training needs. Investigations into the personality of the child, enable us to gather information about the personal, family, social and environmental conditions and resources of the child in order to assess their chargeability and the level of responsibility, the social significance of the fact as well as to give the appropriate criminal measure and adopt the eventual civil provisions (art. 9).

54. Article. 28 states that the State may waive the imposition of sentencing and the execution of the sanction, in presence of the assessed capacity of the individual not only not to commit further crimes, but to prove their social inclusion based on the observation of a project providing the fulfillment of specific task.

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or is likely to overcome his/her difficulties. The assumption of Probation is that the social rehabilitation of the juvenile is more likely and feasible when implemented in his/her social context of origin. On the contrary, detention tends to isolate the subject from his/her social and familiar context leading to the crystallization of the single deviant action or offence.

As stated above the Italian criminal justice system is generally considered a lenient and soft one as David Nelken (2005) recently stated55. Nevertheless, the lenience/indulgence characterizing this criminal system should be considered together with the discretion and the selective processes distinguishing it. For example, while a general attitude of benevolence is taken with Italian children, for foreigners the system remains an afflicting one, for reasons concerning both the specific condition of the foreigner as well as the lack of real alternative measures to be taken (especially if the juveniles are unaccompanied).

For these children, a bifurcation within the juvenile justice system is in place, with an indulgent approach for Italians and a more punitive one for foreign minors.

For foreign minors the practice of detention as a precautionary measure is widespread and it is difficult to extend alternative measures to detention for them (without residence permit or family support, housing or the working necessary to receive these benefits) as well as there are often problems in consulting with reliable lawyers and deciphering the judicial process.

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Restrictive procedures are applied more frequently to non-EU juveniles and nomads entering the juvenile justice circuits than for Italians. For the same offense, in fact, foreign minors are normally more often sentenced and submitted to custody measures and consequently they remain in penal institutions for more time than Italians. The young Italians who, with lower frequency, are beneficiaries of diverse alternative and less afflicting measures, such as placement in community (art. 22 D.P.R. n. 448/88) or permanence with the family (art. 21 D.P.R. n. 448/88). The request for intervention by the Judicial Authority, following the application of a precautionary measure, shows that such afflictive measures are more often applied towards foreigners. In particular, for Italians the interventions most frequently adopted, as state above, are the placement in community (art. 22 DPR 448/88) with 31% and permanence at home (art. 21 DPR 448/88) with about 28%; less frequently adopted are the measure of custody (21%) and prescriptions (20.5%). As for foreigners, custody seems to be more frequent (art. 23 DPR 448/88) with 37% of cases along with the placement in community at 35.5%, while far less frequent are the measure of permanence at home (14.5%) and prescriptions (13%).

In the field of Juvenile Justice there is a vast gap in the choice of treatments for Italians and foreigners for alternative measures. Italians are more often beneficiaries of the instruments of diversion (including measures of the restorative justice) provided by DPR No 448/1988 and foreigners, instead, are subject to mere containment measures.

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The largest number of foreign minors in the IPM is not due to their greater participation in the most serious crimes (e.g. murders, robberies and extortion) as these are rather committed by Italians. Since foreigners in IPM are mostly convicted of theft and violation of the Narcotics Act, why thereâ&#x20AC;&#x2122;s such a large number of them in this Penal Institutions? A possible explanation may be due to the fact that the danger of escape of the accused person is based on considerations about his/her lifestyle and ties with the place where (s)he lives. This conditions penalize immigrants who often do not have an house, a stable job, family or relatives.

In general, as the living conditions of immigrant youth are normally different from those of the Italians, in particular regarding the relation with the family and the local community, the interventions implemented by social services and juvenile justice system are inevitably different, depending on the nationality and the social conditions experienced. For these reasons once they have entered on the Italian penal circuit, foreign youth often suffer further discrimination. First of all, for economic reasons, they canâ&#x20AC;&#x2122;t afford to hire a reliable defense lawyer and must therefore apply for a public defender, as procedural and substantial barriers make it difficult for them to access legal aid. They also suffer the consequences of language and communication barriers and the lack of knowledge of the Italian legal system. For the same indictment or sentence, the permanence of foreigners in prison may be longer than Italians, both in the custody phase and the eventual sentence56. This difference is commonly attributed to the fact that, in many cases, foreigners do not have a certified residence to make use of for house arrest or alternative measures to detention.

The case of migrant youth illegally present in Italy is a particularly critical issue regarding the rights of the youth and the consequent legal protection. They are youth mostly living in situations of invisibility and without residence permits they become visible only when they commit a crime, struggling with the consequent deprivation of liberty and the risk that their rights as minors are not recognized.

The inadequacy of interventions towards non-EU minors subject to criminal procedures may be resulted of several factors, such as homelessness, living without a family and a stable social network in the host territory. Under these circumstances it is difficult to design an educational project, which could support and promote the social reintegration of the child. The most critical situation is faced by unaccompanied foreign children who make up most of the prison population, since they suffer from lack of stability. They are often placed in penal institution, not because of the type or frequency of the offense, but because there are no other concrete alternatives available.

Social workers face many difficulties in this cases, e.g. dealing with consular authorities and embassies of the origin countries of non-EU juvenile offenders. The lack of cooperation 56. Emanuela Cimmino, Devianza minorile. Immigrati e la problematica della risposta carceraria, http://www. altrodiritto.unifi.it/ricerche/minori/cimmino/index.htm.

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by those consulates that fail to recognize their responsibility to minors submitted to criminal proceedings and fail to support the repatriation must be underlined. In some cases, obstacles are created by non-EU minors who adopt an uncooperative attitude or even hostility against interventions implemented by social workers and the juvenile justice system services. In fact, these minors, who frequently reside illegally in Italy, are often wary of such interventions because they fear expulsion and the return to their country of origin. In other cases, however, through an oppositional approach, minors tend to manipulate the social intervention in his/her favour, aiming to make use of alternative opportunities to detention stated by the new Juvenile Criminal Procedure Code. In this sense, the adherence to the educational project requested by probation or the participation in rehabilitation paths proposed by juvenile services, might be mostly of a formal nature, aiming instrumentally to gain personal benefits, such as the possibility of obtaining a residence permit at the end of the course of rehabilitation. Experience demonstrated that when foreign minors are provided with an opportunity of social and professional inclusion, the results were positive.

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The increasing presence of foreign minors in the Italian juvenile justice system is generating discomfort for both detainees as well as for social workers working in this system. Some of the challenges they face include languages and culture barriers (e.g. related to food and religious customs) and adaptation strategies ranging from cultural resistance to assimilation (the tendency to “become Italian”), from alienation to marginalization, leading to the so-called “dual ethic” or “dual membership”.

5. Educational aspects and tertiary prevention The high presence of foreign minors in the justice system has created new problems in educational planning related to: a)cultural and language barriers; b)relationship with families and/or local authorities; c)establishment of ad hoc educational programmes; d)constitution of local networks competent in the field of migration; d)distorted perception; e)social representation of the phenomenon from the public opinion often due to inaccurate information.

Language and cultural differences make necessary the involvement of a linguisticcultural mediator. Mediators, carrying out a continuous study of the culture of origin of the minor and of the host country, are not only operators who, knowing a particular language, work as interpreters. In fact they can also be aware about the psychological and social values of a culture, so they can be understood by minors and understand them. It is, in fact, essential to know the traditions and cultures of origin in order to better understand the existential situation and psychological problems of juvenile foreign offenders.

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The educational intervention for foreign minors offenders should primarily take into consideration the possible existence of a migration project in the history and life of the minor. Youth who leave their country for the fulfilment of a personal and family migration project act as they were already adults even if they are not. They have high expectations and anxieties and are often charged by the family with a mandate requiring them to take a set of responsibilities towards the family itself. Often the commission of an offence breaks or abruptly interrupts the migration project and therefore the entry of the minor in criminal circuit causes in foreign minors’ dramatic feelings of defeat, frustration and guilt.

In order to define educational programmes aimed at foreign minors who are in the criminal circuit, it is necessary to identify the most suitable models of education to address problems related to cultural diversity and deviant behaviours. Migrants, both adults and even more minors, experience a sort of cultural shock when entering in a foreign country caused by the loss of meaningful social relationships and by the impossibility to use the knowledge gained in their country of origin. The sense of frustration changes the perception of minors’ identity; they can start feeling unskilled, incompetent and often reject the school learning as last attempt to defend their own identity. On the other hand, the cultural and language barriers of these minors don’t allow them starting projects aimed at their enhancement and of their previous life, such as the recognition of educational/training courses that were implemented or completed in their country of origin and the enhancement of personal skills that may be useful for a possible work placement. In the educational programmes the cultural and language limits need to be addressed as they can contribute to the marginalization and exploitation already experienced by foreign minors offenders and can increase the vulnerability of these minors who are more likely to be once again involved in illegal activities in the future.

In conclusion, when a foreign minor is taken in charge it is necessary to analyse specific educational needs, that may be influenced by cultural diversity and specific migration project of each of them.

Foreign minors in penal circuits often don’t have a social network of reference outside or because they’re alone or are in a state of neglect/abandonment. This force them to live in extreme conditions of marginality such as living in shacks of the suburbs or in abandoned factories. Paradoxically, in such situation, the prison represents the first place of recovery and protection providing them with a bed, mattress, clean sheets, regular meals and the support of adults available to listen, guide and help them. Therefore the entry of the minor in the circuits of the criminal justice system produces as a paradoxical result the increase of chances to establish social and work ties on the territory through the support of local social services and the third sector. The tertiary prevention experienced by foreign minor offenders within the criminal justice system is a fact confirmed also by Alessandro Padovani, honorary judge of the Juvenile Court of Appeal of Venice: “Very few of these Albanian, north African, Romanian minors benefit from the alternatives to prison provided by the law: unaccompanied minors often don’t have parents or other relatives who can take care of them, they don’t have ties to the territory and it’s more difficult for

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them to find a job. For many foreign minors only prison and community placement can be taken in consideration […]. The entry of foreign minors in the penal circuits after the commission of a crime is paradoxically the step that helps them to find a job, to establish social ties and to get out of their illegal status of immigration”.

6. The role of mass media in the process of social reintegration of juvenile foreign offenders 57

The success of the Individualized/Tailored Educational Programme, aiming at the social and work inclusion of the foreign minor offender, strongly depends on the social context in which the programme is implemented. In Italy many territorial contexts in which these minors could be included show a low level of awareness and insufficient information about services and activities that can be directed towards these minors. In this regard, the role played by mass media is central in the perception of juvenile crime and immigrant minors.

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National media which give large space and prominence to news related to juvenile crime contribute to create an increasingly strong sense of social alarm. Data emerging from several studies shows a relationship between the news of newspapers or other media and the fear of crime, in particular regarding news of murders and other violent or brutal crimes. Even if many research, mainly carried out in U.S., demonstrated that media are inadequate instruments to explain the substance and the trend of the phenomenon, most of the audience - about 75% of them - base their representation of crime on the media. The logical consequence is that, given the large number of news related to crime reported by media, people perceive an increase in the number of crimes in society with a serious impact on their sense of insecurity.

In this context, immigrants are particularly at risk of becoming victims of prejudices and discrimination. A recent survey conducted within an European project aiming to analyze the representation of immigrant children in Italy provided by media, shaping perceptions and attitudes of Italians towards them, shows interesting results (Child Immigration Project, 2000). In particular, it highlights the tendency of the media, in more than one third of cases, to address the topic of “immigrants” - even when dealing 57. The contents are extracted from the report ‘Guidelines for media on foreign minors and juvenile justice’, Project Beyond discrimination-OLD (Phase I-Annuity 2007 -; Phase II-Annuity 2008 -) Promoter and Managing by General Directorate for the implementation of judicial provisions (Juvenile Justice Department). Project co-funded by Programma Quadro Solidarietà e Gestione dei Flussi Migratori, 20072013; Responsible Authority: Ministry of Interior- Department for Civil Liberties and Immigration, Central Directorate for immigration and asylum policies – Project implemented by the partnership composed by: AICCRE, Don Calabria Institute and IPRS.

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with minors - in terms of security or, in any case, linked to the topic of crime, using the categories of alarm and concern.

Italian journalists should respect the principles established by the Charter of Treviso (1990) updated in 1995, and the other principles referenced in the updated made by the Italian Data Protection Authority (2006), with the aim of strengthen and guarantee the protection of minors involved in events reported by media, as mentioned below: −− respect of the child in cases of crime, both when (s)he is offender or victim; −− protection of the personality of the child even when the facts do not constitute crimes; −− care in avoiding possible exploitation by adults who tend to exclusively represent their own interest in news; −− professional intervention in the best interest of the child in cases where there is a lack of a unique legal framework; −− verification of consensus of the legal representative and of the judge responsible for the publication of personal data and/or dissemination of images if this is considered appropriate in the interests of the child (possible examples are the cases of abduction and of missing children).

The Charter of Treviso (1995), despite providing some guarantees, does not provide additional protection for vulnerable groups, i.e. minors subject to problematic issues such as racism, deviance, social stigmatization or labeling, that are often unaccompanied foreign minors involved in criminal proceedings. In particular, when foreign citizens are involved, it is necessary to make some distinctions and to take into consideration elements connected with the way the events affecting him/her are communicated.

The Charter of Rome (2008), promoted by the National Council of the Journalists’ Association and the Italian National Press Federation, in agreement with the United Nations High Commissioner for Refugees (UNHCR), is the main instrument which regulates the relationship between foreigners and the media. The document is focused on the representation of foreign citizens – considered as a particularly vulnerable social group - by the media. Its first goal is to draw journalists’ and reporters’ attention to the central role of language in conveying correct information about migrants and their specific status (asylum seekers, victims of trafficking, etc..).

Despite a strong political will to support the implementation of the Charter of Rome (2008) by media employers and trade unions, it has still not fully assimilated by the whole Italian journalists, resulting in a frequent incorrect information regarding migrants that encourage prejudices and discrimination towards them. Media tends to use generalization of extreme cases, stereotypes, deforming sensationalism and social labeling, frequently referring to “the Albanians”, “the Romanians” and “the Moroccans” as if they are specific human categories whose members are undifferentiated in their personalities and behaviors.

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A recent study conducted in Italy (Census, 2002), which analyzed how the image of immigrants is represented in the media by Italian society, stressed that immigrants almost always play a negative role (83.2% of cases, including accident victims, as well).

It is clear that immigrants – in terms of the context in which they are included in news reported by media - are mainly represented in relation to the communities belonging (30.9%) and to criminal world (29.1%). They are confined to a separate and unfamiliar world, virtually the opposite of ours. From the analysis of the topics, moreover, it is evident that there is a clear tendency to associate foreigners with crime, causing the inevitable overlap of the terms immigration and delinquency.

In general, media – especially television - make little effort to understand and more closely examine the issue of immigration, representing immigrants (or people belonging to ethnic minorities) as desperate or criminal. Foreign minors involved in criminal proceedings belong to an even more vulnerable social category, suffering a multiple discrimination due to additional factors of discrimination such as: −− the minority; −− the status of offender; −− the status of being foreign and/or nomad; −− the exposure to the risk of psychological and social malaise; −− the exposure to particular risks such as deviance and exploitation; −− the issue of gender.

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The discriminating approach adopted by media doesn’t contribute to the intercultural coexistence and to the social rehabilitation of young offenders, especially when they are “foreigners”. The social labeling and prejudices targeting foreign minor offenders deprive them of the opportunity for social integration and increase the likelihood of recidivism. It is therefore urgent to start actions of raising awareness and social communications targeting journalists and the entire society in order to fight the discriminatory culture that damage and penalize minors and young foreigners in criminal circuits in Italy and to promote their social and work re-integration.

7. Critical analysis of policies related to the issue of juvenile crime Traditionally, the Italian criminal justice system is characterized by a high sanction system and elevation of the sentencing threshold, making up the rhetorical effect of numerous emergency campaigns produced by an Italy beset by political violence, organized crime, terrorism and corruption. The intensification of the primary criminalization is followed by a mild administrative and judicial practice, both during sentencing, as well as during the imposition and execution of the sentence. An irrationality of the system which is characterized, on one hand, by an abstract and symbolic severity of criminal law and, on the other hand, by a flexible, mild, paternally indulgent practice.

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In his recent essay, David Nelken (2005) states that one of the main aspect of Italian criminal legal system is the leniency i.e. the attitude of benevolence and piety typical of Italian criminal intervention policies. In opposition to the general trend â&#x20AC;&#x201C; coming from countries like U.K. and U.S. â&#x20AC;&#x201C; characterized by zero tolerance strategies, demagogic appeals to public order and security which move the focus of criminal issues from rehabilitation and prevention to social control, Italy, Nelken (2005) argues, represents an exception, with a legal system marked by a general and unconditional benevolence.

In fact, the Italian juvenile justice system seems to be non punitive and lenient. Besides we totally agree with Nelken that our system lacks a pragmatic approach, that is able to treat the criminal issue according to parameters related to effectiveness and evaluation, unlike other Countriesâ&#x20AC;&#x2122; legal systems such as U.S. and U.K. where rules are accompanied by studies on their effectiveness. In conclusion, Italian criminal justice system (especially the juvenile one) is non-punitive, indulgent, and, above all, not assessed in terms of its outcomes.

What is lacking within the Italian justice system, compared to that of other countries, is the assessment of the effectiveness of criminal and rehabilitative measures. Italy lacks long-term databases allowing, for example, the assessment of the effectiveness of alternative measures to detention, as well as disaggregated penitentiary data concerning essential socio-demographic variables. The initiatives aiming to legislative changes (see laws on drugs or on immigration), are not also evaluated on the basis of important criteria such as the reduction of recidivism. Few are the studies aiming at assessing the effectiveness of rules and their application. Longitudinal studies of follow up and recidivism, as well as randomized studies involving comparisons with control groups are almost completely absent. We cannot conclude that our system is a punitive one on the basis of increased levels of incarceration alone. Our justice system sometimes responds to its internal criteria, and the delay in criminological studies assessing the criminal justice programme feeds the self-referential loop of the justice system. Lacking studies on the effectiveness of the system, we are not able to evaluate whether our system is an afflictive one, whether it produces results in terms of crime prevention or whether the whole structure and architecture of criminal social welfare services is able to produce results in terms of reduction of risk factors.

The bifurcation of our criminal system between Italian and foreign minors and the incoherence in sentencing cannot for sure be a sign of the effectiveness of the system.

Therefore experts should give their contribution to achieve a real indulgent system towards the child. The first step is to assess the effectiveness of criminal policies, in particular through criminology. In fact the lack of a practical approach in our system depends on the particular role played by criminology, that has been for long time a prerogative of disciplines such as forensic medicine and criminal law and was never considered as a specific knowledge in itself. Still in our country resists the idea of criminology as discipline anchored to the clinical knowledge or to the investigative one, but it is never conceived, as in other countries, as the science of assessing the effectiveness of criminal policies.

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The current state of international criminology is characterized by a sort of pragmatism which leads to a perception of criminology as a political discipline, that is targeting and addressing the comprehension and resolution of specific problems imposed by the community. So even in Italy criminology should become what it already is in other countries, that is an analytical, critical and evaluation discipline of instruments of criminal intervention and of crime control.

The role of the criminologist should be describing the function of penal and welfare policies targeting young offenders or at risk of committing crimes, and offering them possible solutions. In conclusion, the criminologist should be - beyond the stereotype proposed by media - a social scientist who assesses the impact of intervention policies.

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In order to identify efficient intervention measures for young offenders, all the involved stakeholders must share the common objective of building connections of compatibility between the guardianship of offenders with their rights and needs of development and the guardianship of the society with its needs of order and security.

In that sense, the interventions must be defined within a poly-dimensional approach where the individual, familiar and social dimension are considered not separately but in their active and constructive connections which should be particularly emphasized in the case of foreign minors.

All good praxis of Italian juvenile justice system are based on the principles of D.P.R. 448/88 which deeply modified the consideration/vision of the juvenile offender who, from being a passive “subject in need of protection” becomes an active person who can take part in a dialogue and is responsible for his/her personal actions. In the new approach the trial becomes an opportunity both for the minor and for the society which becomes aware of minor’s discomfort and needs. The interest of minors is the key issue and the assumption of responsibility make them active players, far from the previous passiveness.

Regarding foreign juvenile offenders, they are particularly vulnerable subjects as they are likely to become victims of several discrimination, as foreigners and as offenders.

As a result they are likely to face a condition of social exclusion that favour deviant behaviours. For this reason interventions targeting foreign minors should require an accompaniment of the minor towards a social inclusion by adopting a multidimensional approach.

Sustainable practices, cooperation between stakeholders and training of operators are the key points for an effective social integration of foreign juvenile offenders. The best practices already indentified are three: 1) Cultural mediation within Penal Institutions for Minors; 2) “Site” of research-action on migrant children and juvenile justice; 3) SOLE (Orientation Service to the World of Work - Servizio Orientamento al Lavoro Educativo):

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1) Cultural mediation in the Italian juvenile justice system provides support both to the foreign minors in IPM and to operators for the mutual understanding. Cultural mediation represents an opportunity to make educational interventions more effective and facilitates the process of integration and social rehabilitation in order to reduce the risk of reoffending of the juvenile foreign offenders. Cultural mediation in IPM is realized through indirect and direct mediation. Indirect mediation includes intercultural educational interventions that involve foreign and Italian minors subject to criminal proceedings and also their operators. It aims to promote the knowledge and respect for different cultures and provides support in various areas, such as religious assistance and health education with an intercultural perspective. Direct mediation includes intercultural activity directly targeting the foreign juvenile offender. In this case the mediator supports the operator from the reception of the minor to his/her exit from the criminal system in order to develop an educational programme that best meets his/her needs.

As regards the implementation of the service, almost all the IPMs use as main methodology the interview with the minor and with the family and the teamwork/ working groups. The service of cultural mediation is currently present in the following IPMs: Airola, Bari, Cagliari (Quartuccio), Caltanissetta, Catania, Catanzaro, Florence, Milan, Nisida (Naples), Palermo, Potenza, Rome, Turin, Treviso.

2) The project “Site of research-action on migrant children and juvenile justice” was carried out in the period May 2010-May 2011 by the Bureau IV of the Head of Juvenile Justice Department and Study, Research & International activities – European Research Center in Nisida: Observatory and data bank on the phenomenon of juvenile delinquency in Europe. The project aimed at developing appropriate and effective/ efficient operational tools in the interventions addressing foreign users, especially unaccompanied minors, and to create a network among stakeholders who work with/ for migrant children. During the project working groups made up of operators, referent persons of the services targeting foreign minors were created. Studies and Research were realized on the issue of immigration policies, refugees, trafficking and a map of the realities dealing with migrant children was realized.

The strength of the project is a deductive methodology, since the starting point of the project are the operational necessities, and the bottom-up model on which it is based. The weak point is that the type of organization adopted in the project requires moderately long time that is hardly compatible with the operational urgencies of the services. Other weak points are the poor culture concerning documentation and research, territorial dispersion without a common scheme of experiences and practices and the type of users “quickly” ranging (the phenomenon is constantly changing).

3) SOLE (Orientation Service to the World of Work - Servizio di Orientamento al Lavoro Educativo) is a service provided since 1998 by Don Calabria Institute (Italy) together with Local Organization, Social Service Office for Minors (Juvenile Justice Department), Private social sector, Companies and enterprises working in the

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industrial and handcraft fields and Educational and vocational training agencies. The target group is minors with family/social difficulties, including minors in conflict with the law, both Italian and foreigners. The main goal of the service is promote the social inclusion of these minors, especially the foreigners, through an experience of work.

The work experience for adolescents and, in particular, for those being in the criminal circuits represents an important opportunity of social inclusion and a concrete form of reconciliation between the society and the marginalized/excluded groups.

SOLE creates the conditions for the beneficiaries to experience work in the form of an internship of maximum six months, helping them to get in contact with the real world and the market of work, to learn technical skills and to start a path towards autonomy.

The central aspect of this project is that SOLE is not an employment agency, but an educational service. The experience of work is primarily meant as an educational experience that allows the adolescent not only to become economically independent, but first of all to gain self-esteem, to respect rules, tasks, to test him/herself in new and different relational experiences, often with people with a different culture.

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The strength point of the service is the presence of a tutor/educator who accompanies the adolescent for the entire duration of the experience, being a benchmark both for the minor and the internal tutor (tutor in the company/firm). The educator, after some meetings with the adolescent, designs a specific and individual educational project based on the adolescentâ&#x20AC;&#x2122;s specific needs and features, and identifies, together with the him/her, some job opportunities and which of them meet his/her needs and better suit the adolescentâ&#x20AC;&#x2122;s personality and skills.

The subjects taken over by SOLE during the year 2009 in the provinces of Verona and Mantua were about 60 and a total of 85 agreements were signed. In 2009, 70% of beneficiaries were males, 50% were Italians and the other half were principally Africans (in particular from Morocco), followed by Serbs. In 69% of cases the inclusion process was effectively realized. The success of the experience is also demonstrated by the constant request of foreign adults to become beneficiaries of this service after they are informed by their fellow countrymen of its existence.

9. Conclusion To sum up, it would be desirable to prepare a useful tool for collecting data on foreign minors and on the juvenile justice system, both when these ones are authors or victims of crimes. It is important to: a) collect information on research conducted on immigrant juveniles and deviance; b) estimate the possibility of creating a database on existing studies; c) assess the feasibility of a new study of immigrant minors as perpetrators and as victims.

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It is also fundamental to recognize that, often, the criminal activity of some young immigrants is a form of victimization (e.g. forced prostitution, drug trafficking as a way to enter a particular country).

Moreover, the speed in change of this phenomenon in recent years in Italy highlights the need for quick and flexible responses, capable of paying attention to the impact of the system on foreign juveniles and on their needs. In particular, this responses should be based on the guarantee of rights, the personalization of the educational response and the preparation and implementation of the intervention after the release.

In addition, special attention should be paid to psychological suffering of the foreign target group; it should be activated a social network that becomes “support” and “accompanying” for the juveniles and an active part in a real process of their reintegration and development a multi-disciplinary intervention methods. The intervention of a cultural mediator that deals and guarantee the respect of the linguistics and cultural differences, the need of promotion of collaboration among the criminal justice system and the different actors involved in our welfare system are other aspects that should be taken in account. An adequate effort shall also be made in the role of media in the process of social reintegration, promoting a responsibility and appropriate dissemination of the information.

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Bibliography Amnesty International (2006). Amnesty International Report 2006 [http:// w w w . a m n e s t y. o r g /e n / l i b r a r y / i n f o / POL10/001/2006].

Cimmino, E. (2006). Devianza minorile.

Immigrati e la problematica della risposta carceraria [http://www.altrodiritto.unifi.it/ ricerche/minori/cimmino/index.htm].

Consiglio Nazionale Ordine Gionaslisti (1990; 1995). La Carta di Treviso [http://www.privacy. it/cartaTV1990.html].

Di Bello, M. (n/d). La devianza degli immigrati: Il ruolo delle organizzazioni criminali [http:// www.altrodiritto.unifi.it/ricerche/index.html].

FONDAZIONE CENSIS (2000) CHIP: Child immigration project: Children in between.

European report. [European Commission: Programme on Targeted Socio-Economic Research (TSER)].

Fréchette, M., & LeBlanc, M. (1987).

Délinquances et délinquants. Chicoutimi: Gaëtan Morin Publisher.

Garante per La Protezione dei Dati Personali (Italian Data Protection Authority) [http:// w w w. g a r a n t e p r iv a c y. i t /g a r a n t e /d o c . jsp?ID=1665291].

ISTAT - Istituto Nazionale di statistica [http:// www.istat.it/it/].

Moffitt, T., Nagin, D., Farrington, D. & Piquero, A. (2010). Trajectories of Offending and Their Relation to Life Failure in Late Middle Age: Findings from the Cambridge Study in Delinquent Development. Journal of Research in Crime and Delinquency, 47(2), 151-173.

National Council of the Journalists’ Association & Italian National Press Federation (2008). Charter of Rome [http:// ethicaljournalisminitiative.org/assets/ docs/068/223/47dfc44-3c9f7df.pdf].

Nelken, D. (2005). When is a society non punitive? The Italian case” in Pratt J. et al., The New Punitiveness. Trends, theories, perspectives. Willan, Cullompton.

North East Foundation (2002). Immigrazione e cittadinanza in Europa. Terza indagine sugli atteggiamenti dei cittadini in sette Paesi Europei. Primi appunti sui risultati dell’indagine [http://www.fondazionenordest. net/UpLoads/Media/N_5_mar_2002_-_ Immigrazione_e_cittadinanza_in_Europa_ (appunti).pdf].

Powers, E. (1951). An experiment in the prevention of delinquency: The Cambridge Somerville youth study. Oxford: Oxford U.P. Save the Children (2009). I minori stranieri in Italia: Identificazione, accoglienza e prospettive per il futuro [http://images. savethechildren.it/IT/f/img_pubblicazioni/ img59_b.pdf].

Save the Children (2009). Revitalizing Newborn and Child Survival - Annual Report 2009 [http:// www.savethechildren.org/atf/cf/%7B9def2ebe10ae-432c-9bd0-df91d2eba74a%7D/stc-annualreport-2009.pdf].

United Nations’ High Commissioner for Refugees [http://www.unhcr.org/] Wolfang, M., Figlio, R. & Sellin, T. (1972).

Delinquency in a Birth Cohort. Chicago: University of Chicago Press.

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Chapter 3 Youth violence towards parents in Spain by

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Fundación Diagrama Authors María Luisa Martínez Pastor Ignacio Valentín Mayoral Narros Amparo Pozo Martínez Antonio María Salinas Iñigo Aknowledments - External experts Francisco Manuel García Ingelmo.

Prosecutor for the Provincial Court of Madrid. Children Section.

Francisco Romero Blasco.

Department of Justice of the Generalitat of Cataluña.

María Dolores Serrano Tárraga.

Professor on Criminal Law and Criminology in the Faculty of Law at the ‘Universidad Nacional de Educación a Distancia’ (UNED).

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Fundación Diagrama Fundación Diagrama has chosen to study deeply the topic of ‘the violence of the minor towards the parents’ bearing in mind that violence committed by minors against their parents is a phenomenon that is taking on a greater public dimension in Spain. In 2008, according to the data collected by the Public Prosecutors Office (Fiscalía General del Estado) in 2009, the number of parents who suffered abuse at the hands of their children was 3,088.

Indeed, this kind of violence has begun to be recognised by the media over the past three or four years, no longer being hidden in the bosom of the family and revealing itself as a reality that had been practically unknown until that time.

Fundación Diagrama is a national and international NGO which has the main objective of developing centres, programmes and research aimed at crime prevention and the treatment and integration of young people in social difficulties. It works with these young people, their families and other social agents, as well as raising public awareness on the problems of this population sector, obtaining an active and creative participation that allows effective responses to be set in motion, thereby achieving integration and life independence.

For instance, this organization has already set up a programme called “Parent School” which is currently running adapted to specific contexts from a holistic and systemic perspective. It has been observed that the solution to this problem involved intervention not just with the children, but also with the parents. the effectiveness of the programme depends on the simultaneous involvement of the parents and children Preface.

This Spanish National Dossier is part of the research Project “European Dimension”.

Project number JLS/2007/ISEC/488 of which Fundación Diagrama is a member58.

The main objective is to look for good practices in the treatment of minors in conflict with the law. Therefore different forms of juvenile delinquency have been analysed and these will receive a specific answer according to the legal framework of the rest of the organisations that analyse the phenomena included in the Project. After subsequent research and exchange of results, the International Dossier will be elaborated.

Fundación Diagrama - Spain has dealt with the matter of “Child – parent violence”.

In the analysis of the most relevant elements of the phenomenon in Spain, Fundación Diagrama chose for objectivity while using preferably official information sources coming from the institutions involved on an international, national and regional level in order to obtain optimum results in the subsequent research phases.

58. Project “European Dimension”. European Commission. Prevention of and Fight against Crime Programme. Coordinated by the Instituto Don Calabria (Italy) in collaboration with Fundación Diagrama. years 2008-2011. http://www.fundaciondiagrama.es/es/investigacion-y-formacion

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The phenomenon of “child – parent violence” will then be part of the common International Dossier coordinated by the International Juvenile Justice Observatory as a series of recommendations in the treatment of the minors.

Our efforts concentrated on providing a real vision on the conflict, offering information that is useful for the general and particular purpose of achieving the best practices in the treatment of minors in conflict with the law.

1. General definition of the Juvenile Justice model in Spain. a. General spanish context.

Child-parent violence is a phenomenon that is becoming more and more publicly known because of the increasing reports, the law reforms, how it is reflected in the media and, in general, the social worry for the rules on the behaviour of our youth.

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The child – parent violence is contextualised in a private environment ensured by the Spanish Constitution of the right to the protection of family life (art. 18)59. A public intervention however is necessary in spite of the fact that the conflict takes place within the family and therefore, the current Juvenile Justice system had to intervene and provide its mechanisms in order to solve or minimise its effects and prevent its authors from recidivism.

I. The Juvenile Justice System in Spain.

The Spanish Juvenile Justice model is adapted to the standards established by the United Nations Organisation and the Council of Europe.

The Spanish Juvenile Justice model is included in the current Organic Law 5/2000 of January 12th,regulating the criminal liability of minors60 (hereafter LORPM), which a development Regulation approved by the Royal Decree 1774/2004 of July 30th.

Therefore, the LORPM has been modified many times, amended by Organic Law 7 / 2000 of 22 December, by the Organic Law 9 / 2000 of 22 December, by the Law 15/2003 of 25 November and finally by the organic Law 8 / 2006, dated December 4, 2006.

59. The right to the protection of family life, Art. 18 of the Spanish constitution of 1978, ensures the right to the protection of personal and family honour and life and personal reputation. It states that the home is inviolable. No entry or search may be made without the consent of the householder or a legal warrant, except in cases of flagrante delicto.

60. Organic Law 5/2000, 12th January, regulating the criminal liability of minors.

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II. Social context: family and youth.

As has been stated before, the nature of the behaviour that is object of this study is that it is done within the family and therefore it is advisable to refer to, although briefly, the family in the Spanish society, its changes and variations and the role that youth play within the family The social changes that have occurred over the last decades, especially in western societies, among which the Spanish one, have benefited the appearance of new dynamics that have substantially altered the balance of authority within the family.

Among the evolutions that have taken place in Spain, the change from an educational model towards less hierarchical relation dynamics has stood out the most. There has also been a change in the life cycles of families that start having children at an older age. To this we have to add the social processes that will influence the phenomenon we are dealing with such as the incorporation of women on the job market or the change in reference values. Some comparative data on the structure and temporal characteristics of the Spanish family reflect the importance in the society61 It is predictable that the educational rules have experienced an evolution due to the new social dynamics that are taking place. The characteristics of the families in which a conflict took place are varied, both regarding the socio-economic levels as their structures.

III. Violence in society and juvenile delinquency.

The World Health Organisation (WHO) defines62 violence as: “The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community that either results in or has a high likelihood of resulting in injury, death, psychological harm, mal-development or deprivation.” “Notions of what is acceptable and unacceptable in terms of behaviour and what constitutes harm, are culturally influenced and constantly under review as values and social norms evolve.”

The target group this study concentrates on is made up of minors, who we can call in a larger way, youth. Juvenile violence can include acts going from antisocial behaviour to more serious offences.

Violent youth behaviour has been studied by several disciplines. According to the General Council of the Judiciary (CGPJ), 98.8% of the young people in the sample of its First Report on antisocial and criminal behaviour63 has committed some kind of 61. National Institute of Statistics, 3 / 2009, “Newsletter of the National Institute of Statistics” (2009).

62. World Health Organisation, “World report on violence and health – summary”, Spanish edition, PanAmerican Organisation for Health of the World Health Organisation, Washington, D.C. (2002).

63. University of Castilla-La Mancha. Research Centre in Criminology. Ordered by: General Council of the Judiciary (Spain). Servicio de Planificación y Análisis de la Actividad Judicial. “Primer Informe sobre la Jurisdicción de Menores: análisis de las conductas antisociales y delictivas de los jóvenes en España”,(2008).

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antisocial or criminal behaviour (called CAS in the report, including in this term the acts against social coexistence rules but not necessarily illegal acts) and 72.4% has done it over the last year.

Regarding the age at which these young people commit antisocial and criminal behaviour, according to the CGPJ64, “it is characterised for starting at the age of 13 and 14, (…). In the study, they continue by indicating that “the prevalence of antisocial and criminal behaviour increases with age and reaches its maximum level around the age of 17”. The Research Centre in Criminology of the University of Castilla La Mancha concludes65 that there is a majority of adolescents who have committed some kind of antisocial and/or criminal behaviour as something that is part of their normal development; but these are occasional, and this behaviour disappears when they reach maturity.

As far as the impact on juvenile delinquency concerns, The data from the CGPJ on the situation in Youth Courts66 say that until 2006, there had been a gradual and moderate increase in crimes committed by minors, an increase which in 2007 did not only stop, but decreased 4.3%.

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The emergence of the new phenomena and new kinds of delinquency is becoming clearer and clearer in different types of research that, bit by bit, reach the public opinion and that are dealt with to a large extent according to the impact they cause. For example bullying, crimes related to new technologies or designer drugs and the phenomenon that concerns us in this study: child – parent violence.

IV. Social awareness and elements of the juvenile justice system.

There is an enormous variety of facts that have favoured the public awareness regarding the violence that generates juvenile delinquency and its specialised intervention for a better development of youth justice.

As it happens within other juvenile justice systems the Spanish Juvenile Justice system considers the primacy of the minor’s interest over the other objectives pursued by the Adult Criminal Law (general prevention, social defence, etc.). It also urges for a specialised and multidisciplinary approach, not trying to create a sole Juvenile Justice System but multiple, interconnected systems governed by the same principles.

The Spanish Juvenile Justice model also includes principles of the so called Restorative Justice by means of mediation, reconciliation and repair which are used to restore damaged relations because of the committed offence, promoting ways to repair the damage and reconcile the parties involved.

64. Ibid.

65. University of Castilla-La Mancha. Research Centre in Criminology. Ordered by: General Council of the Judiciary (Spain). Servicio de Planificación y Análisis de la Actividad Judicial. “Primer Informe sobre la Jurisdicción de Menores: análisis de las conductas antisociales y delictivas de los jóvenes en España”,(2008).

66. General Council of the Judiciary. Data on Justice, Statistical Information Bulletin Nº 14, July 2008

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b. Violence within the family.

There are various kinds of mistreatment that can occur within the family and that are categorised as such. Regarding child-parent violence67 “we can distinguish the following dimensions: (a) physical mistreatment: beating, punching, pushing, breaking and throwing objects, hitting against the walls, spitting… (b) Psychological mistreatment: intimidating and frightening the parents. (c) Emotional mistreatment: maliciously deceiving parents, making them believe they are going mad, making unreasonable requests, lying, running away from home, emotional blackmailing, threatening to kill themselves or leaving home without really having the intention to do so… (d) Financial mistreatment: steal Money and belongings from the parents, sell them, destroy the parents’ house or goods, incurring debts the parents have pay, buying things they cannot afford, etc.”. Recent studies68 have affirmed that this child – parent mistreatment is done in most cases combining the psychological and physical dimension, adding also the financial mistreatment (31.4% of the cases).

As has been repeatedly said, the behaviour that concerns us occurs within the family.

That is why knowing who the minor aggressor lives with, the number of relatives, their occupations, their respective dedication to the home or who educates the minor offender are relevant data to be able to fit them into the inadequate behaviour patterns of by the minors as the parents. It will also be necessary to establish who the victim is and the family dynamics they are immersed in.

So, after assessing these aspects, we can conclude that the kinds of mistreatment that can be suffered within the family are very versatile and are produced gradually without any predetermined goal. The mother, who, even if the traditional roles have evolved, is still mostly in charge of taking care of the children, is therefore the main victim of the aggressive behaviour of the child.

c. Juvenile delinquency and the media.

I. Regarding general violence.

In the area of information, the communicative scenario is characterised by the numerous advantages like the existing freedom of information, the enormous amount of data we have access to or the speed at which they are published, but it has also got negative effects.

Visualising violence can produce diverse effects on viewers69.

67. IBABE et. al. “Violencia filio-parental: conductas violentas de jóvenes hacia sus padres”. Department of justice, employment and social security. Central Publishing Service of the Basque Government, Vitoria- Gasteiz, 2007.

68. RECHEA ALBEROLA, Cristina; Molina, Esther Fernández; García, Ana Luz Cuervo: “Menores agresores en el ámbito familiar”, Report Nº 15, Research Centre in Criminology (2008). Chart 7: Kinds of aggressions, (2008).

69. FERNÁNDEZ ARRIBAS, Javier et. Al. : “Cómo informar sobre infancia y violencia”, I. Efectos de la violencia en los medios” Reina Sofía Centre, DISEÑARTE - Goaprint, s.l. (2007).

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»» “Among the emotional effects it is important to mention the desensitisation, a term that refers to the decrease of emotional reactions as a result of frequent or repeated exposure to violent contents.” »» “Among the cognitive effects of violence in the media, we highlight the encouragement effect. The followers of this theory argue that the media, and fundamentally television, model and maintain the constructions that the public makes about the reality”. »» “Among the behavioural effects it is important to mention the effect of the modelling or learning by observation.”

II. Regarding the specific phenomenon.

There is a number of TV programmes that, in the search for new thematic modalities, has included the topic of child – parent violence. In news programmes there has been a great number of information about specific processes of minors in the different phases of the legal process. Variety programmes have also designed formats on the topic.

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In spite of the fact that the pernicious effect of the disseminations of violence by the media is generally accepted their selection criteria for the contents continue to be ruled by the audience parameters, until trivialising the seriousness of the violence committed by minors. There are even media shows about interventions with minors with serious behavioural problems which distort the foundation of the professionalization and create an unfavourable public opinion.

d. Definition of “child – parent violence”.

There are different definitions given by several academics about violence of minors towards their parents.

According to Bertino (2008, by child – parent violence we understand “the series of repeated behaviour of psychological and/or physical aggressions of children towards their parents or the adults who are responsible for their education. Part of these aggressions are insults, threats, breaking objects that are dear to the parents, hitting, pushing, etc.”70 Considering the published studies and articles that show the increase in the number of violent acts perpetrated by adolescents against their parents and the helplessness of these, it is necessary to establish a theoretical and conceptual framework which situates the problem within some defined analysis variables.

70. BERTINO MENNA, Lorena. “Violencia filio-parental: los hijos que agreden a sus padres”, Centre of child – parent violence intervention (2008).

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2. Child – Parent Violence. a. Minors in conflict with the law.

I. Profile of the minor who is violent towards the parents Violent behaviour.

The European Parliament71 considered “that it is it is difficult to classify precisely the reasons for which young people offend, the factors leading to antisocial and finally criminal forms of behaviour being different in each individual case, conditioned as they are by the experiences of each child or adolescent and the elements playing the most central role in their development: family, schools, circles of friends and general economic and social circumstances”.

The Resolution refers to some of the main factors of juvenile delinquency. They considered the lack of reference elements, the lack of communication and promotion of adequate models in the family, frequently because of the absence of the parents, the deficiencies in the educational systems as far as the transmission of social values goes, etc. They highlighted that important factors are also the special trend towards mimesis that the young people develop during the phase in which their personality is formed, the personality disorders related to alcohol and drug use and the free, excessive and unjustified promotion of violence models by the media and certain websites and videogames.

Regarding the definition of the psychological profile of an aggressor, it is advisable to clarify that, regarding minors, this labour is twice as complicated because we are referring to a development phase in which the identity has not yet been configured completely. It must be taken into account that in this human development period there are several stages and in each of them there are different demands and needs of the body, sexuality, emotional aspects, the capacity to analyse and think, social development and participation in the processes of his/her development.72

Context of the minor

So, in the definition of the type of aggressiveness that we are going to analyse, it is essential to find out firstly the motivation that leads to the observable violent behaviour.

The ecological model73 to understand violence is of great use to the present study because it helps distinguishing between the innumerable factors that influence on violence, at the same time that it provides a framework to understand how they interact.

71. Resolution of the European Parliament of June 21st 2007, juvenile delinquency, the role of women, the family and society (2007/2011(INI)) 72. UNICEF Dominican Republic: “Ser adolescente en República Dominicana”. http://www.unicef.org/republicadominicana/children_3676.htm 73. Numerous Studies have adopted this vision to try to look for the basis of aggressiveness. TERCERO, Roberto Pereira; MENNA, Lorena Bertino: “Una comprensión ecológica de la violencia filio-parental”. Redes Nb. 21. Pages. 69 to 90. (June 2009).

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We will take into account certain factors such as the age group as well as the family and school environment, environments that are object of social transformations and that will affect in the minor’s development in a singular way.

The family is the original context in which the socialisation process starts and in which aspects regarding identity and personality are seized. It is the framework in which we configure so many different aspects of the development such as biological, psychological and social evolution. It is a natural and social institution with a series of characteristics among which predominates the continuity in time and the adaptation to the different realities it is submitted to. It constitutes a network of bonds that go further that the home they are confined to. Relations of different kinds are created until building a symbolical framework.

There are verifiable facts of the morphological change that Spanish homes have undergone regarding the number of their members. There have been two parallel situations that have caused the decrease of the number of family members. On the one hand, the number of children per family has decreased and the number of generations living under the same roof has also decreased. The family dynamics have also changed; there are new structures in family life74.

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The incorporation of the women on the job market, their higher professionalization and the progresses in the assisted reproduction techniques have caused the delay in the age at which the first child as well as the following are born.

On the other hand, a space where the minor spends a great deal of time is school. There the child can develop cognitive intelligence and enrich the emotional one. It can be a platform for the prevention of violence in general where they learn the appropriate coexistence tactics. However, school is also undergoing transformations that could affect the minors’ behaviour.

As we have said, the context in which the minor lives changes a lot and is not free from conflicts. According to the experience of Fundation Diagrama in this field, parents usually refers that when violence at the home occurs, it goes on in the parents usually extend the conflict in time . At the beginning such attitudes can be conceived as normal within the change processes of adolescents, thinking that they are due to juncture factors (age, confirmation of personality, etc.). When the intensity of the conflict increases, it is understandable that the parents can feel pressured by the fear to express their “failure” as parents and by thinking that it is a family problem only which does not have any solution.

More than half of the interviewed parents in the research on minor aggressors in the family of the Research Centre in Criminology75 informed about their children’s 74. National Statistics Institute www.ine.es. Instituto de la Juventud, “Spanish Youth Report” (2008).

75. RECHEA ALBEROLA, Cristina; CUERVO GARCÍA, Ana Luz: “Menores Agresores en el Ámbito Familiar (Estudio de Casos)”, Research Centre in Criminology, Informe Nº 17 (2009).

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behavioural problems at very early age either at home or at school. These parents told about a great number of “tantrums” and complaints from the teacher regarding inappropriate and aggressive behaviour in the classroom. However until today, there are no known researches that relate this kind of violence to biological matters.

Personal characteristics of the minor who is violent in the family environment

When establishing a profile of the minor offender involved in this kind of offences, we must say that, in spite of the fact that the increase in the reports has made it possible to draw up certain common parameters qualifying a specific series of offenders, it would not be possible to easily recognise this kind of minor individuals in society.

“A juvenile offender is a child or young person who is alleged to have committed or who has been found to have committed an offence.”76 This way we refer to minors who have already entered in contact with justice for having been reported by their parents because of their violence.

The main difference of these minors with the rest of the offenders is that they are generally not at risk of exclusion.

The most of these minors’ parents say that they show initial resistance to the intervention and deny their responsibility. The rule is also that this group does not show any associated disorders and the main reason for their behaviour is the incoherence and inconsistency in their parents’ rules and punishment system.

One of the most recent studies on the topic77 finds a clear correlation between the adopted educational style and the child-parent violence. One of the points obtained in the research of the Research Centre for Criminology78 to highlight is the great difficulty that parents show when educating and living together with these minors. Lots of them feel so overwhelmed by the situation they are experiencing with their children that they tend to minimise the extension of the problem.

According to Pereira and Bertino79 “new child-parent violence is linked to permissive and negligent educational styles and is mainly related to the emotional fusion 76. Resolution 40/33 - United Nations Standard Minimum Rules for the Administration of Juvenile Justice - “The Beijing Rules” (1985).

77. PEREIRA TERCERO, Roberto; BERTINO MENNA, Lorena: “Una comprensión ecológica de la violencia filio-parental”. Redes Nb. 21. Pages. 69 to 90. (June 2009).

78. RECHEA ALBEROLA, Cristina; CUERVO GARCÍA, Ana Luz: “Menores Agresores en el Ámbito Familiar (Estudio de Casos)”, Research Centre in Criminology, Report Nº 17 (2009).

79. PEREIRA TERCERO, Roberto, BERTINO MENNA, Lorena: “Una comprensión ecológica de la violencia filio-parental”. Redes Nb. 21. Pages. 69 a 90. (June 2009). They differentiate new and traditional child-parent violence, associating this last one to authoritarian and negligent educational styles, with previous intrafamily violence or serious psychopathology from one or more family members. This violence will appear as defensive behaviour.

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between the violent young person and the attacked parent, and it is conceptualised as a primitive attempt of deviation in a relationship in which education (understood as setting limits and rules and therefore generating frustration), is sacrificed to maintain the relationship (extremely close, fusional, created and maintained by both)”.

About the categories of family dynamics, the mentioned authors establish three typologies based on the type of relationship that exists between its members; these may be: “normalised when there is fluency; conflictive when there is tension or dysfunctional when the family core has been altered by factors or problems that have disturbed the family home”80.

Because we refer to characteristics of personal relationships in a highly emotional context, it is difficult to find variables about the personalities of minors in conflict with the law that show common features.

Concerning sex and age, most of the consulted and bibliographically quoted, empirical and theoretical studies conclude that the minors who commit more offences of violence in the family are mostly male. In this way, 79.3% are boys, with an upward trend in the case of girls. The Center for Research in Criminology states that male juvenile offenders in the family are the 62.3% of the people studied in the report. Women represent 37.7%.81

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Regarding age, in the Statistical Yearbook of the INE for 2009, we can see that 16- yearsold is the age in which more crimes are committed. The Research Centre in Criminology shows that from the age of nine the prevalence per age increases gradually, reaching its highest point at the age of 14 and 15. This kind of crimes represent 3% of the total of the registered ones in the field of youth82.

Regarding the other features quoted by authors that are based on an integral approach of family violence, we will do a review of the main variables, contrasting some of them with the data provided by the different institutions in youth justice in general: »» They have difficulties to interiorise rules and assume responsibilities. »» 67.2% of children attending school had medium or bad results83. »» “For these subjects, although their group of friends may influence in their general behaviour, regarding family relationships, the minor’s peer group would not have any great influence on their behaviour”84. »» 32.8% refer to behavioural, emotional or cognitive problems they have at an early age. Impulsiveness appears repeatedly as a distinctive personality feature of the minor offenders.

80. Ibid.

81. ALONSO VAREA, José Manuel; CASTELLANOS DELGADO, José Luis: “Por un enfoque integral de la violencia familiar” Intervención Psicosocial v.15 n.3 Madrid (2006).

82. Ibid.

83. ALONSO VAREA, José Manuel; CASTELLANOS DELGADO, José Luis: “Por un enfoque integral de la violencia familiar” Intervención Psicosocial v.15 n.3 Madrid (2006).

84. RECHEA ALBEROLA, Cristina; CUERVO GARCÍA, Ana Luz: “Menores Agresores en el Ámbito Familiar (Estudio de Casos)”, Research Centre in Criminology, Report Nº 17 (2009).

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»» There is an important presence of violent behaviour in the social area.

35.3% show violent behaviour at school. »» “There is greater proportion of single-parent families in which mothers live alone with their children (either because they are single or divorced)” 85.

The Research Centre in Criminology in its report 2009 on the aspects of the social environment of the subjects that were object of the study, refers to other general characteristics like “dropping out of school, the absence of responsibilities, running away from home and spending too much time on the streets, which could be understood because of the absence of occupations and the conflictive family environment they live in”.

The families have had experiences that have modified the characteristics of the family core (separation of the parents, new partners, death or distancing from one of the parents, problems of relationship with the children).

There is a great variety of internal and external features that can be observed in the minor offender’s profile within the family. In spite of these indications, we should not forget about the difficulty of establishing determining data and of the prevision due to the necessary individualisation of each case.

II. National data regarding the phenomenon

The national data on juvenile delinquency are an indicator we have to pay attention to in the analysis. An emerging social phenomenon does not necessarily mean that it is a novelty in real life. In fact, it is not so infrequent that when we are talking about a phenomenon that leads to violence, it is hidden by the victims. This fact becomes clearer when we refer to violence within the family and especially when it is done by minors to their parents. This means that the number of events that have come to light, either because they have been reported or through information received from the media, are only a small number with regard to the real volume of the facts that occur.

The Report of the Crown Prosecution Service states that each year the mistreatment of children to their parents, increases and that over the last years this increase has done a geometrical progression.

III. Trends and types of crimes

While considering the profile of the minor offender in the family environment, it is shown that “most of the minors do physical, psychological and financial mistreatment. Minors are very versatile when mistreating. You can also observe that there are disagreements between parents and children. On occasions, the minor admits to having mistreated only psychologically, while the parents talk about physical as well as financial mistreatment 85. IBABE I. et al. “Violencia filio-parental. Conductas violentas de jóvenes hacia sus padres”. Central Publishing Service of the Basque Government, (2007).

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episodes; in other situations, the parents talk about psychological mistreatment and the minor also includes financial aggressions”86.

The national data on juvenile delinquency regarding the phenomenon that concerns us show across a progressive increase noticed by all the professionals. The General Council of the Judiciary and the Crown Prosecution Service show it in their reports and statistical data.

The existing criminal trends have been discovered, showing the versatility of personality and the context as well as a great variety of behaviour that constitutes an offence.

b. Legal framework I. Legal approach

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Under Article 12 of the Spanish Constitution Spaniards come legally of age at eighteen years. The revoked Organic Law 4/92 of June 4th, regulating the competence and proceedings of the Youth Courts, was applicable to individuals between the age of 12 and 16. The current Organic Law 5/2000 increased the age of criminal responsibility to 14. This circumstance led to the prevision in the law, when fixing the duration of the applicable measures, of two age groups: one for the ages 14-15 and another one for 16-17 year olds. There is also the general conviction that the infringements committed by children younger than 14 are normally less serious and can receive an adequate response within the area of the family and civil assistance.

Parents have an objective responsibility towards their children. About the parentchild relationships, article 154 and the following of the Civil Code, establish that unemancipated minors are under their father and mother’s legal authority. The parents’ legal authority will always be exerted in the children’s interest, according to their personality and respecting their physical and psychological integrity.

Children must obey their parents while they are under their authority and always respect them; they must also contribute equally, according to their possibilities, to the family costs while they are living with them.

Article 19 of the Criminal Law states that 18-year old minors will not be criminally responsible under this law. When a minor of that age commits a criminal fact, he can be responsible under the Law that regulated the minor’s criminal responsibility. The legislator understands that this precaution complies with the will to offer an educational intervention to minor offenders who commit a crime.

The legislative reforms of the Criminal Code of 200387 must be mentioned because they introduced important changes in the definition of crimes.

86. RECHEA ALBEROLA, Cristina; CUERVO GARCÍA, Ana Luz: “Menores Agresores en el Ámbito Familiar (Estudio de Casos)”, Research Centre in Criminology, Report Nº 17 (2009).

87. Organic Law 11/2003 of September 29th on specific measures regarding civil security, domestic violence and integration of foreigners.

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Article 39 of the 1978 Constitution establishes that the public authorities will ensure the family’s social, financial and legal protection; as well as the integral protection of the children who are equal before this Law, with independence from their filiations and the mother, regardless of her marital state. It compels the parents to give help of all kind to their children within or outside their marriage, while they are not of age and in all the other cases that legally proceed.

Since 2000 the criminal treatment of minors has undergone progressive modifications in our country. This fact has been influenced by multiple factors. In a certain way, the Spanish public opinion has built up an image of impunity of the minor offender and the media played a relevant role to this regard, promoting a certain sensation of insecurity among citizens. However, the Spanish legislation, following the international standards on Juvenile Justice88 “defines considerable differences between the meaning and the procedure of the sanctions in the criminal justice system for adults and minors”, which does not mean the minor in conflict with the law goes unpunished.

The regulations that must be applied can be summarized in the following texts: »» The Convention on the Rights of the Child of November 20th 1989 »» The Organic Law 1/1996 of January 15th on the Minor’s Legal protection »» The Organic Law 5/2000 of January 12th regulating the Minors’ Criminal Liability »» The Organic Law 7/2000 of December 22nd modifying the Criminal Code and The Organic Law on the Minors’ Criminal Liability regarding terrorist crimes. »» Circular FGE 1/2000 of December 18th regarding the application criteria of The Organic Law 5/2000 of January 12th regulating the Minors’ Criminal Liability »» Order FGE 1/2000 of December 26th about the necessary adaptation to the Organic Law 5/2000 of January 12th regulating the Minors’ Criminal Liability, of the personal situation of minor offenders fulfilling a sentence in a penitentiary establishment or subject to detention on remand. »» Order FGE 2/2000 of December 27th about the organisational aspects of the Public Prosecutor’s Office – Section for minors regarding the coming into force of the Organic Law 5/2000 of January 12th regulating the Minors’ Criminal Liability »» Royal Decree 232/2002 of March 1st regulating the Registering of Sentences on the Minors’ Criminal Liability »» Royal Decree 1774/2004 of July 30th approving the Regulation of the OL 5/2000 of January 12th regulating the Minors’ Criminal Liability. »» The organic Law 8/2006 of December 4th modifying the OL 5/2000 of January 12th regulating the Minors’ Criminal Liability 88. United Nations Office against Drugs and Crime, “Delito, “United Nations. Manual for the measurement of the juvenile justice indicators”, New York (2008).

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»» Order FGE 5/2006 of December 20th about the effects of the derogation of article 4 of the Organic Law 5/2000 of January 12th regulating the Minors’ Criminal Liability, provided by the Organic Law 8/2006 of December 4th. »» Circular 1/2010 on the juvenile justice treatment of minors’ mistreating their parents. »» Circular 3/2009 on the protection of minor victims and witnesses.

Procedure.

The law establishes a procedure that is made up of a series of phases. This procedure was conceived in a very appropriate way for the application of the law.

To clarify the steps of the minor’s trial, we will continue explaining in a more systematic way the procedure that has to be followed in cases in which the minor has been violent within the family and the facts that constitute a crime.

First we have the police phase which will only happen if the first actions are taken before the minor’s offending behaviour by agents from any police force that is competent in crime investigation.

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When a minor is in court arraignment the statements of the minor must be given in presence of his/her lawyer and those who have the parental rights or guardianship. In case of violence towards the parents, this is not very advisable because of the victim’s status; that is why the circumstances suggest that they are not present89. So the presence of the minor’s lawyer and the Public Prosecutor’s Office is necessary. This figure must be different to the public prosecutor investigating the file.

The arrested minor will have the right to talk to his/her lawyer before and after the diligence of taking statement is done.

The spaces to detain a minor must be appropriate rooms separated from the ones used for adults. These minors will receive the care, protection and social, psychological, medical and physical assistance they need according to their age, sex and individual characteristics.

We must take into account that police agents can not retain the minor for more time than is strictly necessary to do the clarifying inquiries of the facts and always within less than 24 hours.

89. García Ingelmo continues telling that “once the detainee is put in arraignment, he/she will be assisted by a, usually court-appointed, lawyer, and another member of the Public Prosecutor’s Office will serve as a legal representative – given that a second Prosecutor is anticipated in the art. 17-2 of the LO 5/00 of the Criminal responsibility of the minor-, what often happens if there is incompatibility with both parents.

Sometimes it can be the parent that is not the plaintiff and who does not live with the minor if they do not detect any problem or incompatibility, or occasionally in the presence of a close relative with whom there is no incompatibility either.”

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After the police, the minor will appear before the Public Prosecutor’s Office (this way a new phase is started: the minors’ criminal trial), which will have to decide in the next 24 hours whether the minor must be released, they desist from opening an investigation or the minor will appear before the competent Youth Court. The Prosecutor must desist if the reported facts did not have the required seriousness or if they were committed without any violence or intimidation.

If the Prosecutor decides to desist from opening the investigation, he/she will notify the Public Administration of the Autonomous Region in which the facts were carried out until then. As we have indicated in the introduction of the legal approach, they are the ones entrusted with the protection of minors. In such case, if it is considered advisable, the necessary protection and educational measures will be adopted. The parties must know the decision of the Prosecutor to desist from opening the investigation.

We must point out that, apart from the criminal liability, the minor may have committed acts that need the determination of his/her civil liability because of the damage caused to the victim.

The commitment to repair or assume responsibility to do certain activities; the minor is subject to fulfilling the entrusted task. On the contrary, the Public Prosecutor will continue the investigation. The stay of proceedings will only be possible if the fact attributed to the minor is a less serious crime or misdemeanour and particularly when there was no violence or serious intimidation while committing the facts.

Protective measures and subsequent phases of the proceeding The Public Prosecutor’s Office, when there are rational signs of committing a crime or the risk to evade or obstruct the action of justice by the minor, can ask the Youth Court at any time, to adopt protective measures for the custody and defence of the minor against whom disciplinary measures were taken and for the proper protection of the victim (art. 28 of the LORPM).

The maximum duration of the protective custodial measure will be six months and can be extended, on request of the Public Prosecutor’s office, after hearing the minor’s lawyer and by means of a reasoned order, for maximum three months.

Once the investigation is finished, the Public Prosecutor’s Office will decide to close the case, notifying the appearing parties and will refer the file to the Youth Court together with the evidentiary items and the other acts that might exist, with the written pleadings describing the facts, their legal assessment, the degree of the minor’s participation, a brief summary of his/her personal and social circumstances, the proposal of a measure provided by the Law with a reasoned exposition of the legal and educational basis that advise it, and, if necessary, the demand of civil liability. They will also propose the evidence they want to make use of. They can ask for the appearance of whom they consider necessary and also ask the Youth Court for the stay of the proceedings in the aforementioned cases (settlement, commitment to repair damage or educational activity).

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Once the Public Prosecutor’s Office has sent the file to the Youth Court, the court will refer the Prosecutor’s pleadings and the actions done to the minor’s lawyer so he/she also does the pleadings he/she considers necessary and proposes the evidence he/she considers adequate.

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Then the hearing phase will take place. The Youth Judge, once the previous steps have been taken, can: −− Pass a plea bargain if the requirements stated in the Law are fulfilled −− Agree on holding a hearing −− The stay of the proceedings, by means of a reasoned order −− Close the file because of the stay of the proceedings, with a remission of the matter to the corresponding public protection entity for minors if it has been requested by the Public Prosecutor’s Office −− The remission of the actions to the competent Judge when the Youth Judge considers that the knowledge on the matter does not concern him/her. −− Carry out the inquiry proposed by the parties and denied by the Prosecutor during the investigation and which cannot be done during the hearing, provided that it is considered relevant to the trial. Once they have been carried out, the results will be sent to the Public Prosecutor’s Office and the involved parties before starting the hearing sessions.

The legal secretary will explain the minor, in an understandable language, about the facts he/she has been accused of by the Public Prosecutor’s Office and the measures they demand and the civil liability. The Judge will ask if he/she declares to be the author of the facts and if he/she agrees with the requested measure and civil liability. If he/she agrees to this, after hearing the minor’s lawyer and the person or people against whom the civil action is held, the judge can pass the plea bargain. If the lawyer does not agree with the minor’s agreement, the Judge will decide whether the hearing is continued or not, reasoning out this decision in the sentence.

If the minor agrees with the facts but not with the requested measure, only this last matter will be dealt with in the hearing, carrying out an inquiry in order to determine the application of that measure or replace it with a more adequate one in the minor’s interest which has been proposed by one of the parties.

During the proposed and admitted inquiry and which, after the declaration of relevancy, the parties offer to be carried out instantly, the judge will hear the technical team about the minor’s circumstances. Then, the Judge will hear the Public Prosecutor’s office, the person who committed the criminal action, the minor’s lawyer and the civil actor and third people who are civilly responsible regarding the rights that they have, about the assessment of the evidence, its legal qualification and the origin of the proposed measures. Finally, the Judge will hear the minor, leaving it to pass sentence. This legal

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resolution must contain all the requirements established in the Organic Law of the Judiciary, as well as what is stated in article 248.3.90

II. Educational integration and insertion programmes General aspects.

The Crown Prosecution Service, in their conclusions on violence of minors within the family indicates that the most efficient and appropriate solution in these cases would be to implement integral family programmes.

The programmes must carry out the regulations established by the LORPM regarding a series of general actions rules of the different administrations. They concern the choice for the de-judicialization of the files as a regulating strategy. Regarding the victimâ&#x20AC;&#x2122;s participation in the proceedings, the satisfaction of its interest is considered beyond the vindictive perspective of the proceedings.

In each Autonomous Region there is a different organisation of the youth justice services. They used to be very closely linked to the different fields of protection although in time, they have been configured independently.

The LORPM has made it possible for Autonomous Regions to establish collaboration agreements with other entities regardless of whether they are public entities, entities from the State Administration, local entities or those from other Autonomous Regions, or private not-for-profit entities to execute the measures they are authorised for, under their direct supervision. This does not mean, under any circumstance that the ownership and liability derived from that execution is transferred.

There is diversity in the types of establishments where the programmes for the reintegration of the minor are carried out. These establishments can have public or private ownership.

Some specific programmes.

In Madrid there are autonomous organisms that have made an effort to facilitate the application of legal measures for minor offenders in the family.

Public family mediation programmes are widely implemented on the whole national territory. As an example we can mention the family mediation which has got its own legal regulation in the Region of Castile and Leon. It is an instrument of professional assistance to look for solutions and agreements for family conflicts.

The Family Meeting Points are a resource that is oriented towards the intervention from a psychosocial perspective in family situation in which there are serious difficulties that affect the relationship between children and their parents. They are spread over the 90. Organic Law 6/1985, of July 1st of the Judiciary. Art. 248.3 â&#x20AC;&#x153;The sentences will be formulated expressing, after the heading, in separate and enumerated paragraphs, the records of proven facts, if there are any, the legal grounds and finally, the decision. They will be signed by the judge, magistrate or magistrates who sentence themâ&#x20AC;?.

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whole geography and offered by different autonomous entities and in short they are a neutral resource where technical and institutional support is offered that facilitates the relationships between minors and other relatives. It offers a temporary intervention to facilitate the bond between parents and children or other relatives through the adequate fulfilment of the visiting regime.

The fundamental objective of family guidance is to attend to the problems regarding the processes of family conflicts, situations that involve a risk of family dysfunction or those in which the couple has decided to get a divorce and this means a great emotional cost for the whole family. It is a psychological and pedagogical help that is offered to the members of families with minors to deal with problems regarding communication, generation breach or the understanding between parents and children.

In Navarra a programme has been elaborated on the education of adolescents: the presence of an educator in the family who works on the interactions between parents and children during the difficult phase of adolescence. They help parents to be more efficient in the interactions with minors, offering an adequate parent-child model, teaching the necessary abilities and skills to attend to, take care of and handle the minors’ behaviour in an appropriate way.

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c. Analysis of the current situation.

I. Tertiary prevention and general treatment models.

Tertiary prevention refers to “plans designed to avoid that children enter unnecessarily in contact with the formal legal system and other measures to prevent them from reoffending”91. Interventions based on extended attention after violent acts, such as rehabilitation and reintegration, and the attempts to reduce the long term traumas or disabilities associated with violence92 are actions that are considered within this field.

The LORPM establishes a wide catalogue of applicable measures in which the minor’s interest prevails as a common denominator.

The Judge has got great flexibility to adopt the most appropriate measure given the characteristics of a specific case and the personal evolution of the accused during the execution. He/she will also watch over the correct application because he/she exercises a mandatory control of the public entities of the Autonomous Regions in charge of executing the legally imposed measures and which have exclusive faculties to create, lead, organise and manage the adequate services, institutions and programmes to ensure the correct execution of the measures included in the LORPM, in accordance to their respective organisation rules (art. 45.1 LORPM).

91. UNICEF International Child Development Centre “Innocenti Digest 3 -. Juvenile Justice “(1998).

92. World Health Organisation “World report on violence and health-abstract”, Spanish Edition Pan-American Health Organisation for the World Health Organisation, Washington, D.C. (2002).

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Most of the Sections for Minors agree that the most appropriate resource for these cases is living within an educational group, but any of the measures included in the LORPM can be carried out, respecting criteria like seriousness, re-offending, etc.

During the seminar of reflection and analysis of the Regulations of the development of the LORPM organised by Fundación Diagrama, they reached the conclusion that coordination between the different Autonomous Regions was necessary in order to join technical criteria that make it possible to have a greater similarity in the execution of the measures in different Autonomous Regions.93

II. Analysis of the policies and assessment of the results

The European Parliament, in the Resolution on Juvenile delinquency - role of women, the family and society of 200794 , considering that over the last years there has been a gradual revision of the respective national criminal legislations for minors, “these should be geared to preventive measures, judicial and extrajudicial measures and reeducation and rehabilitation measures, including therapy where necessary”.

The first conclusion of the debate regarding child-parent violence of the Public Prosecutor’s Office for minors literally says that a prevention policy is necessary in “child-parent mistreatment”, with disseminating campaigns about educational rules and guidelines to prevent the problem and about how to act when the victim is present.95 The European Parliament itself, in the aforementioned resolution, highlighted that, in the elaboration and execution of an integrated national strategy, a decisive importance must be given to the direct social participation of all the actors of society: the State as a central solicitor, the entities of the local and regional administration, the representatives of the school community, the family, NGO and especially those specialised in youth, civil society and all citizens; it sustains that, to apply substantial actions to fight radically against juvenile delinquency, it is indispensable to have the sufficient financial resources. That is what the prosecutors corroborated during the conclusions sessions about the present and future of the jurisdiction for minors about the involvement of public entities in charge of executing the measures so they receive the necessary material and effective means to fulfil the sentences.

The European Parliament said that, to stop juvenile delinquency in a fundamental way, an integrated and efficient policy was necessary in the school, social, family and educational field which contributed to the transmission of social and civil values and to the young people’s early socialisation. It considers that it is necessary that 93. Fundación Diagrama, Conclusions. Professional work seminar. “Reflexión y análisis sobre el Reglamento de desarrollo de la L.O. 5/2000, de 12 de enero, reguladora de la responsabilidad penal de los menores” Murcia (2005).

94. Resolution of the European Parliament, June 21st 2007, Juvenile delinquency - role of women, the family and society (2007/2011(INI)).

95. Conclusions Crown Prosecution Service 2009. National Seminar of Youth Magistrates. Ciudad de la Justicia, Valencia, 15, 16 and 17 of June 2009.

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families, educators and society transmit values to young people since their childhood.

The prevention of juvenile delinquency requires also public policies in other fields like housing, employment, professional training, and the use of free time and youth exchanges.

In their respective governments, the territorial entities of Spain have got an agenda that includes the most conflictive aspects regarding families. Its contents should be adapted, like many of them have done, to the rules of the social changes that are occurring and that have been mentioned, without detriment to entrusting this work to private entities that have been authorised by the Public Administration to do so.

More specifically, the coverage required when dealing with child-parent violence apart from having a legal and political approach, also includes a psychological perspective, because a therapeutic treatment that meets the necessary conditions to stop the family conflict, needs to be determined and applied.

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The policies mainly see to ordering the framework of the existential conditions. â&#x20AC;&#x153;We must ask ourselves if there is a political commitment that takes into account the singularity of youth in the changing society and if they are willing to assign the necessary investments to education-training. In this situation, in which young people have to plan their own life and in which the financial and state action does not give priority to the new generation of people as subjects of its actions, it is not difficult to imagine that the search for support from their families of origin is becoming more and more importantâ&#x20AC;?.96 As we have seen, the public authorities are willing to stop the problem of childparent violence and juvenile delinquency in general. More specifically, we have seen how the Judiciary is carrying out actions as well as the territorial entities which are implementing adapted programmes for the treatment.

3. Analysis of practices on a national level Regarding the interventions based on the extended attention after violent acts, such as rehabilitation and reintegration, for minors who are in conflict with the law, we must specify that, due to the administrative division in Spain and the distribution of competences, it corresponds to the Autonomous Regions to apply good practices in the execution of public policies regarding the improvement of family institutions and school.

After considering the appropriateness of carrying out studies on a European level, The Autonomous Regions insisted on the proposition of an integrated community framework programme that included community prevention actions and support for 96. Report about Spanish youth 2008.

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the initiatives of NGO and inter-governmental cooperation as well as the financing of pilot programmes on a regional and local level that would be based on the best national practices and would pursue their European dissemination, covering the needs of training and social and pedagogical infrastructure.

The Autonomous Regions requested the Commission for the elaboration of a cofinanced action programme in which efficient practices would be included, and the Parliament determined that they had to have a multi-sectorial approach as well as the capacity to be exchanged on an international, national and local level.

The children and adolescents’ best interest continues to be considered the main point and this must be guaranteed in the services and practices that are carried out, apart from the mission to protect the rights and inculcate learning their duties and respect for the law.

The fundamental youth protection pillars are: »» Prevention: this is achieved through the implementation of education and professional training programmes for minors »» Alternative measures: judicial and extrajudicial ones and social reintegration, which can be reached of the legislation like ours, have an educating will that means permanent learning. »» The promotion of values of respect and equality and of the rights and duties of all.

a. Strategies of the interventions Defining a good practice to motivate its election is a task that can be based on different strategies. Considering the sanctioning as well as the educational will of the judicial response towards minors who commit crimes within the family, we can choose various instruments that support the type of interventions we propose.

“There is a preference for social rather than judicial approaches to dealing with young offenders in a number of United Nations instruments. The Riyadh Guidelines assert that the prevention of juvenile delinquency is an essential part of overall crime prevention in society, and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) recommend instituting positive measures to strengthen a juvenile’s overall well-being and reduce the need for State intervention (Resolution 45/112 of the General Assembly). It is widely believed that early phase intervention represents the best approach to preventing juvenile delinquency, and the prevention of recurring crime is best achieved through restorative justice.”97 In this study we have chosen for an ecological vision of the complex matter of child-parent violence. This perspective involves a multidisciplinary intervention 97. Youth at the United Nations. Juvenile delinquency. www.un.org/youth

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so that is why it defends an institutional agreement which has the same social and scientific commitment. This way a homogenous, equitable, quality response would be guaranteed, carrying out the legislator’s warrant, which involves the minor offender’s re-education and his/her subsequent reintegration in society.

Close contact with government institutions is necessary, represented by the respective delegations of each autonomous region as well as the different social agents. Work must be done in a network and must be governed by a relationship of trust.

The legislative framework is defined, without invading, within the competence framework, the powers conferred in this matter to the different autonomous entities which are compelled to applying efficient policies. It is necessary to encourage cooperation and synergies among the activities of all the public administrations and the social organisations and entities in this sector.

The central and defining ideas that have to prevail in the good practices done by all the institutions are collaboration, scientific evidence and proactive adequacy. Its last objective is eradicating violence within families and therefore, the impact it has in the justice system, which results in the minor offender’s re-education.

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In this study we are in favour of: −− The normalisation of the assistance for the minor who committed a crime of mistreatment within the family, as well as the guarantee of health care in case it is necessary. −− The incorporation of prevention of intra-family violence on the agenda of social policies. −− Giving priority to programmes in sensitive areas like schools or vulnerable populations. −− The definite founding of an assessment and encouragement culture for research and a better and more immediate transfer of the results of clinical practice.

The field of prevention of family violence by children is a relevant area which must not be left unattended in this document which pretends to give an integral approach of the phenomenon.

c. Good practices- Fundación Diagrama Diagrama Intervención Psicosocial is a not for profit charity on a national and international scale which works with minors in conflict situations and/or social difficulty.

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The main objective of Fundación Diagrama is “to promote the development of Centres, Programmes and research for the prevention, treatment and integration of all those groups that are in difficulty or at social risk, especially of children, families, youth and women as well as those who are dependent on others”.98 Among its main objectives we can find: »» The promotion of the Management and development of establishments and programmes for the prevention, treatment and reintegration of groups at social risk or in exclusion. »» To participate in the creation, management and development of establishments and services for socio-professional training and reintegration. »» To promote on-site advice, psychosocial and legal services to any group in need on a national and international level. »» To raise the awareness of the public opinion on the current psychosocial and health problem. »» To promote equal opportunities between men and women »» To do activities of promotion and/or advice of volunteers, self-help groups, foster or substitute families, mutual help and any other measure to favour social cooperation. »» To do research, studies and publications in order to progress in the knowledge on social reality and its transformation.

Fundación Diagrama has currently got delegations in the different Autonomous Regions of Spain and always Works in favour of people in social difficulty, especially children, youth, families, women and people who are dependent.

Regarding the topic that concerns us, they have specialised establishments where the legal measures imposed by the judge can be implemented. There they do various therapeutic programmes which will be qualified as good practices in the treatment of minors in conflict with the law.

Among their resources, there are Day Centres and Programmes; these are educational programmes for the execution of legal open regime measures in the application of the LORPM. These measures that are carried out in the minor’s social environment and use community networks, try to favour the social and family bonds as well as the participation in social entities.

The Detention Centres for the Execution of Legal Measures in the application of the LORPM, offer an educational context which favours the minor’s social and family integration and has got among its objectives, the development of autonomy at all levels and social reintegration.

These custodial measures can be in a closed or semi-open regime.

98. www.fundaciondiagrama.es

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I. “School for parents” PRACTICE 1.

Fundación Diagrama noticed the increase of minors subject to legal measures with behaviour disorders that were involved in violent situations within the family.

Therefore, in 2006, they started the project called “School for parents and minors with mistreatment behaviour” (hereafter “School for parents”) This School for Parents is a very appreciated resource by families because it was created to alleviate the needs and difficulties shown by the fathers and mothers when facing violent behaviour and in some cases, mistreatment by their children through direct intervention actions and the development of on-site sessions in which the necessary support and help is offered to the families in order to deal with this problem adequately and optimising the affective-family relationships.

The School for Parents is a preventive action for families that show deficits in the good functioning of the family unit and its relationships with their children with behaviour and/or violence problems. The specific objectives are to stop violent situation and try to look for viable solutions. To achieve the involvement of the whole family system, as active agents of change, will be fundamental.

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The work with these adolescents is based on helping them acquire more responsibility for their behaviour and, in short, a greater control of their impulses, something that can be done in groups.

The programme presented here has been developed, although adapted to a specific context, in two re-educational establishments of the Department of Justice and Public Administrations: “Colonia San Vicente Ferrer” and “Mariano Ribera”. There they have been observing for a while now the behavioural problem of aggressiveness towards their parents of the minors there and they got to the conclusion that the solution to that problem included the intervention with the parents and not only with the children.

The professionals that carry out the programme worked with two kinds of groups that showed, out of incompetence or ignorance, important gaps in the field of communication, discipline and social skills. Therefore it was necessary to learn new techniques and healthy behaviour habits.

The intervention programme “School for parents and minors with mistreatment behaviour” is strategically positioned to be carried out in all the fields of protection and re-education of minors with or without criminal responsibility derived from their mistreatment behaviour, basing the whole action on the family as a socialising element and the home as an educational space.

The minors come into the programme “School for parents” from different areas such as municipal social services, legal measures, care or educational centres.

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II. “Intervention programme in ascendant intra-family violence situations”.

PRACTICE 2.

Another intervention done by Fundación Diagrama and which can be considered to be an efficient practice is the “Intervention in situations of ascendant intra-family violence”, carried out in Ciudad Real.

The intervention programme in intra-family violence situations that we are going to analyse has got a report in which the theoretical framework is established. They limit the field to families that already suffer from family violence. It is a specific intervention in the area of tertiary prevention.

They do an academic contextualisation of the phenomenon, mentioning expert authors to define, identify and limit the conflict in which they intervene. This disserves a special mention as a reinforcement of the intervention they do.

The figure of the parents they had contact with as agents is considered as parents who have traditionally tried to put the responsibility they have over their children on the specialists they go to out of ignorance or despair. We must not forget their necessary willingness for the programme to be successful, because they are directly involved in the conflict as well as in its solution.

This programme holds an advantage for the families that do it. It is a centre where they can inform about opportunities that are accessible within their possibilities. They specify that they will provide knowledge about the different existing resources in the community as well as personalised advice about the educational and socialising functions.

The specialised professionals will interview the minor in order to achieve an adequate bond.

The idea is to induce specific information about the profile. They deal with several aspects that will reflect data on the minor offender’s personality. This meeting will be the guide for professionals to be able to consider at first the position regarding the circumstances they are experiencing, the expectations they have as well as their needs and shortages.

Interviews were done with the minor’s family to extract information about the family history, the psychosocial situation, the rules and punishing system, the possible dysfunctional relationships in the family dynamics and the relations with other public/social institutions.

Regarding minors different interventions were done. They combined individual therapy with group therapy sessions.

Therapeutic sessions were also done with the parents to deal with a great diversity of matters. They show how the group itself changes into a support group because they experience similar conflict situation in their families. They have the possibility to talk amongst themselves.

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Among its general objectives there is the one about eliminating ascendant violence within the family by learning adaptative interrelation rules, improving family relationships and establishing an adequate child - father/mother bond.

As a last phase of this intervention process a series of follow-ups are added which will be done after going through the previous phases. It is a control after having gone through the different stages of the therapy. In case a relapse is detected, the professionals would notify the public authorities and new intervention ways would be adopted.

The methodology that was used to put into practice the Programme of Intervention in situations of ascendant intra-family violence is also systemic. The complexity of this phenomenon is contemplated and it contains combined responses that take the different levels into account: social, educational, therapeutic etc. level.

The didactic characteristics of the Programme of Intervention in situations of ascendant intra-family violence are, among others, the flexibility and contextualisation so they were adapted to the needs and peculiarities of the people who formed the groups. Therefore several creative techniques were used and they were based on the experiences that placed the individuals in daily life situations.

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The participants are derived to the programme by the social services or the Justice Department. In case of minors subject to custodial measures and a restraining order regarding their family, a programme of progressive approach was contemplated.

In conclusion, we have to say that it is a practice which would be satisfying to start undertaking actions focused on eradicating violence in families; a matter that Autonomous Regions are compelled to because it is one of the main matters within the social system.

III. “Establishment los pinos” PRACTICE 3 The third practice is done at the Educational Establishment/Home “Los Pinos” which belongs to Fundación Diagrama and is located in the Autonomous Region of Murcia at the municipality Molina de Segura.

It opened not so long ago because the programme was started in October 2007 in a privileged environment. The home is totally integrated in a residential area and it goes unnoticed as an Educational Establishment. It attends to 12 minors, both male and female, between 14 and 18 years old, subject to Legal Measures of Coexistence with another person, family or educational group. It is a family home in a residential environment where minors live amongst each other and the educational staff which leads to an absolutely normalised and integrated life among the population of Molina de Segura and the nearest residential areas either to do their training, professional or educational, sports and leisure activities.

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The minors enter the Home under Court order (Legal Measures of Coexistence with another person, family or educational group) and this kind of legal measure is non-custodial. It is the only one that is executed at the Home, so all the minors that get to the establishment have a similar profile of having committed violence, different kinds of mistreatment within the family.

Regarding the minorsâ&#x20AC;&#x2122; socio-economic and family characteristics, most of them are uppermiddle class and they also show similar personal features like exaggerated selfishness, school dysfunctions, breaches in affective bonds with the rest of the family members, little concern about the future, poor need of training, either at school or professional training, the feeling that their parents solve everything for them which leads them to being demanding without thinking about being educated or about the consequences.

The general objectives of the programme are to facilitate the fulfilment of Legal Coexistence Measures established by the law for the Youth Courts and the General Directorate of Family and Minors, to organise coexistence at the Home according to the objectives of the Law and to facilitate the minorâ&#x20AC;&#x2122;s social integration At the Home, the minorsâ&#x20AC;&#x2122; life is intense and there is a complete organisation of time so they do not only attend to training occupations on a school, training, professional or recreational level, but also to training through group therapies a certain time a week.

The group interventions are part of the Psychosocial Skills Programme Jabato and the following modules are done in a cyclical way: Social Skills Module, Life Skills Module, Problem-solving Module, self-control Module, Drug Module, Moral Dilemmas Module and Mediation Module. They are done on a weekly basis and all year round, except for periods that coincide with school and training holidays at Easter and Christmas.

We highlight mediation as a Tactic of conflict solving. The objective of mediation is not to obtain a result at all cost among the parties, but to try to reach a consensus about the aspects involved.

The Intergenerational programme is the main working tool with which the minors enter the Home to re-establish parent-child relationships which in general, at the moment the minors enter the Home, are quite or totally deteriorated in most of the cases, to re-establish affective bonds and mutual understanding.

4. Conclusions The Spanish Juvenile Justice system upholds the model designed in the texts issued by the UN and the Council of Europe, the so-called justice or liability model. This model is contextualised in a society, the Spanish one, in which family is of great importance and in which the great changes in family and society in general have caused transformations in the criminal modalities.

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There are official studies about the minors’ criminal behaviour that show data on the diversity of the crimes and their prevalence. Regarding the figure of family or domestic mistreatment, the kinds of mistreatment that can be suffered within the family are very versatile and they usually occur in a staggered way without any predetermined goal.

The mother is the main victim and we have seen that she is the one who is mostly in charge of taking care of the family.

Despite the general acceptance of the fact that the dissemination of violent acts by the media can be a generating source of violence among young people, these media continue to use parameters of audience when choosing their contents There is a great variety of internal and external features that can be observed in the profile of the minor offender within the family. In spite of these indications, we must not forget the difficulty entailed by establishing determining data, as well as the planning of a due individualisation that is needed by each case.

Regarding the national data on juvenile delinquency regarding this phenomenon, we observe that there has been a progressive increase of these crimes, something that has been noticed by all the professionals. The General Council of the Judiciary and the Crown Prosecution Service show it in their reports and statistics.

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The legal text regulating the reaction of the public authorities to juvenile delinquency is the Organic Law 5/2000 of January 12th, regulating the minors’ penal liability. This law has created specific proceedings for the investigation and trial of crimes and misdemeanours committed by minors. This law includes a wide range of sanctioning and educational measures that a Youth Judge can choose– except in more serious cases – the adequate one from according to the minor’s personal, family and social circumstances in order to achieve their education and reintegration into society. This law entrusts the measures to the autonomous administrations which are compelled to put into practice services, institutions and programmes that ensure the correct execution of the measures provided by the law.

Fundación Diagrama is one of the not for profit entities which has been entrusted, since the abolished O.L. 4/1992, by the autonomous administrations with the execution of different kinds of measures imposed by Youth Judges. This long path has allowed gaining experience and the necessary techniques and tools to design different programmes and guides of good practices regarding the intervention with minor and young offenders.

Among these programmes, we highlight the ones that have been elaborated in the field of child-parent violence because of its current importance and good results. Many of its main action lines have been synthetically included in the previous pages of this study.

We believe that this study on crimes committed by minors towards their parents and the profile of the authors, as well as the Spanish juvenile justice model and some of the programmes and guides on good practices can be useful to get a more accurate image of this kind of juvenile delinquency in Spain as well as the mechanisms and tools that can be more efficient to fight against it.

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ALBEROLA, Cristina Rechea; Molina, Esther Fernández; García, Ana Luz Cuervo: “Menores Agresores en el Ámbito Familiar”, Report N º 15, Research Centre in Criminology (2008).

ARRIBAS, Javier Fernández; NOBLEJAS, Myriam: “Cómo informar sobre infancia y violencia”, Centro Reina Sofía, DISEÑARTE Goaprint, s.l. (2007).

CAMACHO, Julio; BARDO, Blanca; MOLINA, Sebastian; ALCOCEBA, J. Antonio; “Informe 2008 – Juventud en España”, Youth Institute (2008).

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Conclusions FGE 2009. Seminar of Youth Judges. Valencia. Ciudad de la Justicia, Valencia, 15, 16 and 17 June 2009.

General Council of the Judiciary: “Situación de los Juzgados de Menores”, Statistical Information Report N º 14 (July 2008).

action in Member States concerning the pursuit of television broadcasting activities.

FORCADA CHAPA R. et. al. “Perfiles delictivos, sentimientos de ira y tipo de violencia en la adolescentes con grave historial judicial”. Magazine of the Spanish association for neuropsychiatry. (2009) Vol. XXIX nº104 pp. 319-327.

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Professional Work Seminar. “Reflexión y análisis sobre el Reglamento de desarrollo de la L.O 5/2000, de 12 de Enero, reguladora de la responsabilidad penal de los menores” Murcia (2005).

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Department of justice, employment and social security. Central Publishing Service of the Basque Government, Vitoria- Gasteiz, 2007.

Youth Institute: “Emancipación, Relaciones Familiares, Igualdad hombre-mujer: Sondeo de opinión y situación de la gente joven” 2003 (3ª survey).

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The Spanish Constitution of 1978.

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Organic Law 1/1996, of January 15th, on the Minor’s Legal Protection, the partial modification of the Civil Code and the Law on Civil Procedure Organic Law 5/2000, of January 12th, regulating the minors’ criminal liability Organic Law 8/2006, of December 4th modifying the Organic Law 5/2000 of January 12th regulating the Minors’ criminal liability Organic Law 10/1995, of November 23rd, of the Criminal Code.

Organic Law 11/2003 of September 29th, of specific measures regarding civil security, domestic violence and integration of foreigners.

MEZQUITA, Blanca Vázquez: “La Personalidad Violenta”, Magazine “Débats”, Ed. Alfons el Magnanim, Diputación Valenciana (2000) Ministry of Housing, General Technical Secretariat, General sub-directorate of Studies and Statistics, “Estimación del Parque de Viviendas – Notas Metodológicas” (2001).

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PEREIRA TERCERO, Roberto; BERTINO MENNA, Lorena: “Una comprensión ecológica de la violencia Filio-Parental”. Redes nº. 21. pp. 69 a 90. (June 2009).

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SÁNCHEZ VERA, Pedro; BOTE DÍAZ, Marcos, “Familismo y cambio social. El caso de España”, Sociologías no.21 Porto Alegre (2009).

SUBIRATS, J. “El Análisis de las Políticas Públicas” Departament de Ciència Política i Dret Públic. Universitat Autònoma de Barcelona (2001).

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by

Fundacja Diagrama - Pomoc PsychospoĹ&#x201A;eczna Authors Monika Barciszewska Project Coordinator

Lukas Firmanty Researcher Joanna Sadowska Researcher Aknowledments - External experts Anna MuszyĹ&#x201E;ska Assistant Professor Department of Substantive Criminal Law at Faculty of Law, Administration and Economy in University of Wroclaw.

Maciej Rutkowski Psychologist, director of the therapeutic and re-socialization detention centre for addicted juveniles in Bialystok Marta Tomkiewicz 3rd year advocate apprentice at the District Bar Association in Warsaw.

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Fundacja Diagrama – Pomoc Psychospołeczna belongs to the Diagrama International operating worldwide. Was founded in Wroclaw in 2006 as an independent, non-governmental organization. Its main objective is development of centres, programmes and researches both for prevention, treatment, education and integration.

Our actions are directed to people in difficult living and social situation, with a special consideration of children, families, youngsters and women, as well everybody who due to his or her illness, age, mental or physical disability is in situation of dependence.

Our aim is to bring to effect the right to health, right to dignify and independent life and integration of these groups with the community. The special addressees are children and young people in conflict with the law as this group is severely in danger of social exclusion due to educational negligence of their parents but also due to an ineffective way of intervention and rehabilitation provided by national system which even can deepen maladjustment of these minors. Nowadays the nongovernmental sector in Poland has possibilities to grow and to develop its activities in fields reserved so far only for public entities. For successful coping with complex problematic of social exclusion of juveniles in Poland necessarily should be improved a level of cooperation between public and non-public sector. Fundacja Diagrama from the origin focuses on the juvenile problematic and so far has acknowledged the most important weaknesses of the system functioning currently. The link between alcohol and drug abuse and delinquency is widely known but in case of young offenders this issue is not undertaken comprehensively. Fundacja Diagrama took a part in the project European Dimension with the aim of analysing the scale of the phenomenon due to the alarming need for improving the current system of intervention and rehabilitation provided for young offenders misusing drugs and alcohol in Poland. Thanks to its results we hope to improve, in a certain scope, cooperation between entities involved in coping with juveniles and to realize the need for changes and improvements in this field.

1. National legislation for minors in conflict with the law.

The most important legislation in a field of minor’s penal responsibility is assigned to the Juvenile Act of the 26th October 1982. Its overarching goal is to prevent demoralization and criminality with respect to minors. Taking into account the legislator’s vision, we can not forget about wider sub-goals like reclamation and optimization of environmental education of minors99. The Polish legal system assumes that issues that may apply to minors are provided in various pieces of legislation, but the fundamental importance is assigned to two of them - the Juvenile Act of the 26th October 1982 and Polish penal code of 1997100.

99. K. Gromek, Komentarz do ustawy o postępowaniu w sprawach nieletnich, LexisNexis, Warszawa 2004, s. 56.

100. ustawa Kodeks karny z 6 czerwca 1997 roku, Dz. U. Nr 88, poz. 553.

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Once again it should be emphasized that all the action on the ground of the Juvenile Act of the 26th October 1982 shall be taken in cases where minors shows signs of demoralization or is guilty of an offense. Pursuant to Article 3 paragraph 1 of the Juvenile Act of the 26th October 1982, proceedings concerning minor should be guided primarily by his best interests, striving to achieve positive changes in personality and behavior of a minor and a view as necessary for the proper compliance by the parents or guardian of their duties to the juvenile, taking into account the public interest. Family court judge, who decides on a minor, shall take into account his personality - age, health status, degree of mental and physical development, character, behavior, the causes and the degree of demoralization, the nature of the environment and conditions for education of the minor (Article 3 paragraph 2 of the Juvenile Act of the 26th October 1982). All this serves defining the concept of “the child’s welfare” and the proper legal assessment in view of the Law of the Juvenile Act of the 26th October 1982.

For the accuracy of these considerations should be noted that in the Polish legal system there are other regulations that may apply to various situations concerning minors and influencing the situation of juvenile proceedings. Given the assumptions of this study, the author only signals basic sources of other regulations concerning minors, focusing on the regulation covered by the Juvenile Act of the 26th October 1982. Examples of those other regulations will be as follows:

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»» Constitution of the Republic of Poland from 1997101, which in Article 72 provides, inter alia, that The Republic of Poland protects the rights of the child.

Everyone has the right to demand from public authorities the protection of the child against violence, cruelty, exploitation and demoralization and every child that is uncared has the right to the care and assistance of the public authorities; »» the Act on the Children’s Ombudsperson of 6th January 2000102 which provides that the Ombudsman is guided by the international standards and principles enshrined in the Convention on the Rights of the Child103 concluded by the United Nations General Assembly in 1989. The Children’s Ombudsman is a constitutional authority established in 2000 by Article 72 paragraph 4 of the Constitution of Republic of Poland and, as an independent institution, his work focuses on protecting children’s rights, with the powers of control, alarm and initiative. He is the guardian of the right to live and to health protection, the right to be brought up by the family, the right to dignified living conditions, and the right to an education. His work is guided by the principles of welfare and the best interest of the child, equality, the principle of protection the rights of every child and the principle of 101. Konstytuacja Rzeczpospolitej Polskiej z 2 kwietnia 1997 roku, Dz.U. Nr 78, poz. 483 z późniejszymi zmianami.

102. ustawa o Rzeczniku Praw Dziecka z dnia 6 stycznia 2000 roku, Dz.U. z 2008 roku, Nr 214, poz. 1345.

103. Konwencja o prawach dziecka, przyjęta przez Zgromadzenie Ogólne Narodów Zjednoczonych dnia 20 listopada 1989 roku, Dz.U. z 1991 roku, Nr 120, poz. 526.

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respect for the responsibilities, rights and duties of both parents during the development and education of child. »» Family and Guardianship Code of 25th February 1964104, Education System Act of 7th September 1991105, Social Welfare Act of 29th November 1990106, Act on Mental Health Protection of 19th August 1994107. All those four legal acts, next to the Juvenile Act of the 26th October 1982, apply to minors with mental health issues. Not mentioning regulations implementing the various laws which describe in detail the issues addressed in those regulations such as for example the Regulation of the Ministry of Health on detailed principals of directing, placing, moving, dismissal and placement of juveniles in public healthcare centres of 20th April 2005108 or the Regulation of the Ministry of Justice of the 17th October 2001 on young offender institutions and juvenile shelters109.

Regulations listed above derive the most important principals that need to be included in every judicial proceeding on minor such as the right to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, the right to be informed of the allegations, the principle of presumption of innocence, the right to remain silent, the right to the presence of parents and guardian, the right of appeal to a higher court and the right to privacy protection.

According to the Juvenile Act of 1982 minor is defined as a person: 4. under the age of 18, for the purpose of countering and preventing of demoralization 5. between the age of 13 and 17, for the purpose of criminal proceedings 6. up to the age of 21, for the purpose of executing educational and reformatory measures

Juvenile proceedings are conducted by family courts The measures used are as follows: Educational measures: −− reprimand −− obligation to behave in a certain way, redress wrongs, perform specific works, participate in educational classes 104. Kodeks rodzinny i opiekuńczy z dnia 25 lutego 1964 roku, Dz. U. Nr 9, poz. 59 z późniejszymi zmianami.

105. ustawa o systemie oświaty z dnia 7 września 1991 roku, Dz. U. z 1996 r. Nr 67, poz. 329 z późniejszymi zmianami.

106. ustawa o pomocy społecznej z dnia 29 listopada 1990 roku, Dz. U. z 1993 roku Nr 13, poz. 60 z późniejszymi zmianami.

107. ustawa o ochronie zdrowia psychicznego z dnia 19 sierpnia 1994 roku, Dz.U. Nr 111, poz. 535.

108. rozporządzenie Ministra Zdrowia w sprawie szczegółowych zasad kierowania, przyjmowania, przenoszenia, zwalniania i pobytu nieletnich w publicznych zakładach opieki zdrowotnej z dnia 20 kwietnia 2005 roku, Dz.U. Nr 79, poz. 692.

109. rozporządzenie Ministra Sprawiedliwości z dnia 17 października 2001 roku w sprawie zakładów poprawczych I schronisk dla nieletnich, Dz.U. Nr 124, poz. 1359.

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−− −− −− −− −− −−

appointment of parental/guardian supervision appointment of youth/social/work organization supervision curator supervision prohibition of driving confiscation of goods obtained as a result of criminal offence placement in a foster family, correction centre or socio-therapy centre

Before placing a minor in a youth correction centre, socio-therapy centre or educational centre, the court files for an opinion from a Family Diagnostic and Consultation Centre or another specialist institution. The court orders a mental assessment to be performed by 2 psychiatrists. The experts can observe the minor for no longer than 6 weeks.

The corrective and therapeutic measures are applied up to the age of 18.

Corrective measures: Placement in a correction centre (art. 5, art. 6, section 10 and art. 10 of the above mentioned Act) constitutes the most severe measure that can be taken against a minor.

The decision is made when all previous educational measures have failed to reach the expected goals. Other reasons to place juveniles in a corrective centre are: high level of demoralization and the assumption that milder measures will not reach the anticipated objectives. The corrective mean is used until the age of 21.

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The order of the Minister of Justice of the 17th of October 2001 on young offender institutions and juvenile shelters110 describes the types and organization of juvenile correction centres and shelters. It sets out detailed rules for management, admittance, transfer, release and residence of the minors in these institutions as well as the manner of supervision, including pedagogical care. The execution of educational and corrective measures aims to raise an aware and honest citizen. This is why educational activity should aspire to the universal development of personality and abilities of juveniles as well as their preparation for socially useful work (art. 65, section 1 and 2). Young offender institutions and juvenile shelters offer: general and vocational education, cultural, educational and sports activities aimed at developing social activity of minors and training them for socially acceptable work, as well as improving their access to health benefits (art. 66 point 2).

The court can order placement in a specific type of correctional centre. The types are as follows: 1. Social rehabilitation −− For mildly demoralized – educational work in an open community −− For those in need of direct supervision −− For severely demoralized – with intensive supervision 2. Rehab and revalidation, for mentally impaired 3. Rehab and therapy, for mentally disturbed 110. Rozporządzenie Ministra Sprawiedliwości z dnia 17 października 2001r. Z sprawie zakładów poprawczych i schronisk dla nieletnich, (Dz. U. Nr 124, poz.1359)

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In the case that any substantial improvements are noted, the placement in the centre can be temporarily suspended for a period of 1 to 3 years, during which the court orders educational measures. If, during that time, juveniles do not follow the court orders (related to their responsibilities and supervision), or their behaviour points toward further demoralization, or they commit a severe crime, the temporary suspension is annulled.

Any change or transfer to a centre of strict discipline requires the approval of a family court judge.

Minors can receive a conditional discharge after a stay of 6 months in corrective centre and after a year long stay in a strict discipline centre.

Depending on their mental health condition, the court can rule for the minor to be placed in a: −− Mental hospital or other health institution, if he/she is mentally impaired, mentally ill or addicted; −− Nursing Home, if he/she is severely impaired; −− Attendance centre or youth socio-therapy centre, if he/she only needs educational care

Ruling on juvenile punishment The court can review juvenile cases according to Criminal Law Code when: −− the minor commits a felony (art. 10 of criminal law code), but the ruling was commenced before he/she came to age. In this case preparatory proceedings are directed by family judge; defence is obligatory. −− the minor commits general or tax crime and the proceedings were commenced after he/she came to age.

According to legal regulations, rulings on juvenile punishment takes place as a last resort, when all other measures of resocialization have failed. Polish solutions in this matter do not differ from modern European regulations and do not pose reason to believe that the entire model of dealing with juvenile delinquency is repressive in its character. −− The first legal basis of the act of 1982 (art. 13), refers to a minor who committed a criminal act described in art. 1 section 2, section mark 2, but at the time of ruling is under the age of 18 and for whom there is a rationale to rule for placement in a correction centre. The ruling on punishment is possible only if, in the court’s opinion, the correction measures would not be appropriate. −− Another basis for ruling for juvenile punishment (art. 94) refers to a similar situation, except the minor reaches the age of 18 before the order for placement in a correction centre. The court rules such a placement inappropriate and is able to punish the criminal.

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Ruling on juvenile punishment is unique in its character and, in the above instances, is related to a minor coming of age, which means that they will be sentenced like an adult, even though they committed the crime while being a minor. At the time of ruling, the court commutes the sentence. Imprisonment or restriction of liberty cannot last longer than after the offender reaches the age of 21.

Apart from the above mentioned legal basis, there is also a regulation contained in art.

10, section 2 of criminal law code, which states that a minor who committed a crime at the age of 15 bears criminal responsibility, provided that the circumstances and maturity of the offender, their abilities and personal assets weigh against the offender, especially if any previously used educational or corrective measures turned out to be futile. The lowering of the age (to 15 years) for the criminal responsibility, held for strictly described offences, poses certain modification on the educational and resocialization approach of dealing with the minors. Minors, according to article 10, section 2 of criminal law code, are accountable for their actions in compliance with criminal law. Thus, all acts contained in the code are applicable. At the same time minors under the age of 17 cannot be held accountable because they are not yet emotionally mature, which is a requirement for social assessment of a deed, and they are not able to differentiate deeds that are socially negative. However, art. 10, section 2 of criminal law code is an exception in this matter.

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Minors are placed in a juvenile shelter (remand for minors) in the case of justified fear that they will go into hiding, cover up their tracks or the committed crime is severe.

The stay may not last longer than 3 months and it can be extended by the decision of 1 judge and 2 jurors. The overall time cannot extend over 1 year.

A minor held by police in an emergency youth centre must be released immediately if: −− If the reason for detention is no longer applicable −− The detainee is sentenced by court −− The appropriate family court was not informed within 24 hours −− Placement in a juvenile shelter was not ruled within 72 hours In the case that a juvenile takes up education or work, the court can waive the sentence.

The principal of the institution where minors stay is obliged to inform the court on their health condition and improvements every 6 months. The court, based on a doctor’s opinion, decides on the further stay of the minor in the institution or nursing home.

The use of means of direct force was regulated by art. 95a and 95b of Juvenile Law and by the regulation of 1st of February 2005 relating to the precise terms and manners of direct constraint used against the juveniles placed in juvenile detention centres, shelters, youth educational centre and youth sociotherapy centres . Such measures can be used only when other means of psychological and pedagogic effect turned out to be ineffective. They are used in order to prevent: 1) juvenile’s attempt on his own or other’s life or health, 2) abetting to rebellion, 3) group escape, 4) damage of goods, which

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causes significant affray, 5) wilful leave by the juvenile of the institution or shelter, or in order to take the juvenile to such a facility (art. 95a of Juvenile Law). The used measures include: 1. physical 2. isolation ward – for 48 hours, for minors over 14 - for 12 hours, not used toward minors with visible impairment 3. security belt and straitjacket – in case of attempted suicide or homicide

2. Overview of the juvenile criminality in Poland The main source of information on crime in Poland are police statistics, which show only verified crimes, that is, actions recognized as offences in completed pre-trial proceedings. The figures for verified crimes do not reflect the actual scale of the phenomenon because they do not include crimes that have not been reported, neither crimes not recorded by the police. This represents a problem of the so-called “obscure number.” The data on juvenile delinquency presented in this study has been taken from the TEMIDA system (crime statistics system of the Polish Police).

The table below shows the scale of the problem of juvenile delinquency in Poland in the last 12 years. The phenomenon is reflected by showing the offences in particular categories.

Table 1. Juvenile criminal offences in 1992-2008, source:www.statystyka.policja.pl

Year

Murder

Detriment to health

Complicity in a fight or battery

2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996

9 11 19 11 11 7 21 20 16 28 29 36 36

3384 3534 3429 3016 3260 2835 2877 2853 3256 2943 3022 2924 2527

3242 2958 2694 2147 2175 1923 1697 1727 1782 1571 1653 1486 1340

Rape

Robbery, aggravated theft, coercion

Burglary

92 126 148 116 95 237 118 166 191 137 195 245 139

8161 7511 8154 8081 9558 9472 9537 10838 12900 11104 10542 8658 7508

8229 9185 9419 11052 10989 11238 13704 16814 23069 24847 30197 29631 30880

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Year

Murder

Detriment to health

Complicity in a fight or battery

1995 1994 1993 1992

26 33 22 21

2205 1992 2018 1306

1101 913 664 457

Rape

Robbery, aggravated theft, coercion

Burglary

166 156 142 109

7790 6600 5335 3100

29810 29400 26247 25019

The above data shows that crimes the most often committed by minors are: burglary, aggravated theft, robbery and coercion.

Other categories of crimes committed by minors include detriment to health and complicity in a fight or battery. Rape and murder are much less common crimes among minors, even though the number of these crimes shocks every year because of the younger age at which they are committed. Within the space of the last two years we can observe a slight decline. However, this decline can be attributed to the decrease in the birth rate from the second half of the 80’s and this population decline constitutes now the group of minors in our country111.

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Graph 1. Offences committed most often by juveniles in 2008. in comparison with the total number of offenders in each category.

The above diagram clearly shows how large was the participation of minors in the total number of crimes in 2008 when the number of all offenders in Poland was 516.626 and young people were 10% of this group (52.081). In cases of detriment to health, complicity in a fight or battery, aggravated crimes and burglaries, minors under the age of 17 constitute one third of all offenders. This data shows that young people become more brutal. In the case of offences resulting from the law of drug prevention, they 111. Siemaszko A., Gruszczyńska B., Marczewski M., Atlas przestępczości w Polsce 4, Warszawa 2009, [Atlas of Crime In Poland 4],

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constitute 11% of total offenders. Most cases represent offences under Article 62 of the Law, that is drug possession, and these offences were usually committed by minors with no earlier conflict with law.

Actual tendencies observed in delinquency among juveniles. −− The number of offenders under the age of 13 is increasing (1931 cases in 2002 and 2271 in 2008). −− The number of offending girls is rising. In 2008 13,2% of all juvenile offenders were girls (11,6% in 2007). −− The increase in cruelty in crimes, such as murder, bodily injury, battery, rape, robbery and coercion. According to the findings of the police, juvenile criminals who committed crimes against health and life could be characterized by aggressive and cruel behaviour. In the police’s opinion, this results from two basic situational factors: the fact that they usually act in a group and under the influence of alcohol, and complicity in offences with one or several people, usually in the case of theft or robbery, which is typical for juvenile delinquency. Mutual incitement and encouragement usually constitutes a factor, which escalates the level of cruelty of committed crimes (J. Szymańczak, 1999)112.

Juvenile delinquency, as in the case of adults, is usually concentrated in urban areas, especially in big agglomerations. Places where crimes are committed include: streets, residential areas, shopping centres, amusement arcades, schools and the areas around railway stations and bus/tram stops. The direct reasons which induce minors to commit a crime include, according to the Bureau of Prevention of Polish Police Headquarters, a desire to gain money and impress others, a wish to belong to the community group where they seek acceptance and a sense of security. Common reasons include as well a sense of legal impunity for the crimes committed earlier, as well as copying behaviour patterns from family home, TV, computer games, such as scenes of violence, cruelty, aggression and rape.

3. Drug and alcohol related juvenile crimes The relationship between substance abuse and delinquency is not a simple one. Four models of relationships have been suggested113: 1. Substance use as a cause of delinquency 2. Substance use as an effect of delinquency 3. Common causes for substance use and delinquency – for example life style 4. Substance use and delinquency as interrelated issues – feedback model.

112. Szymańczak, J. (1999). Przestępczość nieletnich w latach dziewięćdziesiątych w świetle analiz i statystyk policyjnych, Informacja BSE nr 662, Biuro Studiów i Ekspertyz, http://biurose.sejm.gov.pl., [Juvenile delinquency in 90’s, police statistics analysis] 113. Sierosławski J., Bukowska B., Jabłoński P., Juvenile Delinquency And Substance Abuse, Krajowe Biuro ds. Przeciwdziałania Narkomanii,Warszawa, 2003

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In recent years, drug and alcohol have become more common and are an alarming phenomenon. It concerns not only the margins of society, but also children from welloff families114. Every year, the age in which young people begin consuming alcohol is lower. It is also alarming that their first contact with beer, wine or vodka is not caused by mutual influences of community groups, but it usually results from too lenient parental attitudes. Children tend to drink alcohol for the first time with their parents’ consent, or with the consent of another member of the family. It usually occurs during family celebrations which rarely take place without alcohol. Instead of performing a preventative function adults tend do the opposite. The reasons for consuming alcohol, smoking cigarettes or using drugs can be briefly described as follows, beginning with the most important one: »» family and individual problems; »» school problems (learning setbacks, bad relations with peers); »» curiosity; »» boredom; »» influence of community groups; »» fixed patterns from family and close social environment; and »» teenage oversensitivity.

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The relation between criminality and psychoactive substance use is very close.

The scale of this issue may be reflected also by numbers concerning substance use confirmed by minors staying in reformatories.

- 80 % of reformatory pupils among boys - 60 % of reformatory pupils among girls admits having consumed alcohol more than once, and for a majority of them it took the form of alcohol abuse. 3% of this population has been identified as being alcohol addicted.

Nowadays a growing problem is the juveniles’ contact with drugs and other nonalcohol intoxicants. 80% of boys and over 60% of girls in reformatories have taken some stupefacient. Once popular inhalation of vapours, glue, solvent or other intoxicating chemical substances has now been replaced by drugs in their pure form or by other highly addictive psychotropic agents. 3-5 % of minors in reformatories or shelters have been diagnosed as politoxic patients.

Youth and alcohol Alcoholism: Alcoholic disease, alcohol addiction, alcoholism - repeated use of alcohol in order to experience a psychological bust or to avoid discomfort resulting from not drinking. Thus the essence of this disease is a physical and psychological addiction to an intoxicants – in this case: alcohol.

114. Urban, B. (2005), Zachowania dewiacyjne młodzieży w interakcjach rówieśniczych, Kraków. Wydawnictwo UJ. [Deviant behaviour of youth in peer interactions]

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Psychological addiction means needing to drink to feel better. Alcohol can cause a wide range of social and health problems, whose degree is correlated with the consumed amounts.

For needs of this report the data on alcohol use among young people was taken from the European School Survey Project on Alcohol and Other Drugs. Alcohol and drug use among students (ESPAD) conducted in 2007 by Institute of Neurology and Psychiatry in Warsaw115.

It should be noted that alcohol intake, its frequency and manner, depends on a number of factors, such as economic situation, place of residence, and attitude towards school, among others. Ther e are significant tendencies that can be observed: weaker pupils, smaller urban agglomerations, lower socioeconomic status, and lower education levels tend to turn to strong alcoholic beverages, such as vodka. Young people with better marks, from bigger urban agglomerations, of higher socioeconomic status tend to turn to weaker alcoholic beverages, such as wine or beer. In each of these groups there are higher proportion of boys. According with the results of the quoted survey (ESPAD) young people (14-18 years old) usually drink alcohol to relax, to forget about their problems and above all in order to have good time and be more sociable. They do not fear the negative consequences of drinking. About half of the youth questioned consider problems with police to be very unlikely. What is more, hardly anyone fears alcohol addiction. Direct consequences, such as lack of control, sickness and hangover are also insignificant. This fact usually does not matter to them, or they find it very unlikely.

An essential factor which contributed to the increase of alcohol intake by juveniles is, without a doubt, the specific economic situation of the country, access of Poland to the European Union (e.g. consequent labour-related migration of parents) and availability of alcohol. This is all despite the ban arising from the Act of October 26th 1982 on Upbringing in Sobriety and Counteracting Alcoholism116, which did not discourage vendors from selling alcohol to minors. It should be stressed that drinking of beer is confirmed by 81% of teenagers whose mother is abroad.

Attention should be drawn to a cultural fact as well, a characteristic of our country, namely certain kinds of social consent for alcohol to accompany Poles upon celebrations of holidays, family gatherings and social meetings. Society shows greater tolerance for drinking amongst men than women, which also applies to boys and girls who are under-age.

115. Sierosławski, J. (2007), Używanie alkoholu i narkotyków przez młodzież szkolną - Raport z ogólnopolskich badań ankietowych zrealizowanych w 2007 roku. Europejski Programme Badań Ankietowych w Szkołach ESPAD, Instytut Psychiatrii i Neurologii, Warszawa. [European School Survey Project on Alcohol and Other Drugs. Alcohol and drug use among students] 116. Ustawa z dnia 26 października 1982 r. o wychowaniu w trzeźwości i przeciwdziałaniu alkoholizmowi (t.j.

Dz.U. z 2002 r. Nr 147, poz. 1231 ze zm.) [The Act on Upbringing in Sobriety and Counteracting Alcoholism of October 26th 1982]

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Whilst drinking amongst adults has remained at the same level for years, it is being observed that young people, especially those youngest ones, drink alcohol with an increasing regularity. It is more and more often that children at the age of 13 and younger start drinking. Police data is alarming and reports frequent instances of totally intoxicated children ending up in police child chambers. According to Juvenile Law, drinking alcohol in order to become intoxicated is a sign of demoralization, as long as the behaviour is respectable. Family division of district court, based on expertâ&#x20AC;&#x2122;s opinion on habitual drinking of a minor, can order to place youth at a treatment centre. The police, as a part of prevention measures, is obliged to take the problem seriously and register all cases of juvenile demoralization. In 2008 there were 24.099 revealed cases of intoxicated children under 13. Data from the previous year is similar, yet an increasing tendency can be observed. There are probably many reasons for that situation, but especially important is the issue of availability, although selling alcohol to persons under the age of 18 is illegal in Poland under The Act on Upbringing in Sobriety and Counteracting Alcoholism of October 26th 1982.

Alcohol related crime 112

Alcohol is a dangerous criminogenic factor that substantially influences the way of committing a criminal offence and many times stands as a motive for the crime. The relationship between alcohol and delinquency has been known practically for a very long time now and it is noticeably supported by data gathered by police117. Among 52 081 of all juvenile culprits in 2008 3 307 were under the influence of alcohol when offending what constitutes 6,3% of all juvenile offenders. It should be mentioned that this data does not reflect the scale of the problem as for sobriety was tested less then a half of the group.

Table 2. Juvenile culprits acting under the influence of drugs 2007-2008 (TEMIDA, 2009)

Year

Juvenile offenders, total number

Tested for sobriety

Unsober

% of unsober juvenile offenders

2008 2007

54.747 52.081

20.690 19.069

3.491 3.307

6,4% 6,3%

A higher percentage of intoxicated offenders can be observed in reference to specific categories of crime. These crimes include offences against public officers, rape and murder. Following alcohol consumption young people become more aggressive and definitely braver. The most frequent types of crimes in this age group are complicity in a fight or battery, theft, robbery offences, and material damages.

117. As above

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Next to uncovering the criminal offenders who were intoxicated at the time of crime, the police looked at the culprits of minor offences who were intoxicated at the time. Minor offences are especially annoying to society and become an important component of the sense of security among community members. The following constitutes a summary offence: breach of peace, public order offence, quiet hours violation or commitment of immoral acts, only if it is an act of hooliganism or the offender committed it while under the influence (art. 51, section 2 of the Code of petty offences). Within the analyzed period the police gave 23.120 criminal tickets altogether. 14.075 cases were applied for court ruling, of which 603 referred to family court. While dealing with intoxicated minors, the police have the obligation to take them safely to their parents or guardians house in the first place. If it is not possible to establish who the legal guardians are, the juvenile is taken to the police station or to a sobering chamber. The lower age at which young people are beginning to drink is alarming. In 2008 police revealed 24 099 of children under 13 under the influence of alcohol, for comparison in 2003 there were 10 880 such cases.

Youth and drugs Drug addiction is a pathological social phenomenon. The addiction is caused by taking medications (mainly painkiller drugs) or other addictives (tranquilizers or psychotropic agents) for a shorter or longer period of time. Characteristic features of drug addiction are: the craving for intoxicants, the tendency to augmenting doses and both physical and psychological addiction. Any discontinuance in drug taking causes severe withdrawal sensations and in extreme cases may lead to death.

The problem related to drug abuse has been growing year by year, starting from the early 1990s. Numerous media campaigns, lack of social consent and intensified police actions have lead to lower levels of drugs intake by children and young people in the years 2004-2008118.

Under the general name of “drugs” there is a number of substances that have various effects. Pupils who had declared a contact with drugs were asked to name the used substances. The survey conducted showed that 80% of pupils who had experimented with drugs named marijuana (decline of 6 points since 2003), 14% amphetamines (decline of 9 points) and 10% ecstasy (increase of 2 points). The subjects pointed out other substances incidentally and no one declared an intake of heroine.

Among the young people who took illegal substances, the highest proportion consists of urban youth, mostly boys of well educated families, often marked by labour migration of one or both parents. As in the case of alcohol, religion had a big influence on the willingness of juveniles to try drugs.

118. Konsumpcja substancji psychoaktywnych przez młodzież szkolną- młodzież 2008, Raport końcowy z badania CBOS na zlecenie Krajowego Biura ds. Przeciwdziałania Narkomanii, Warszawa 2008r.

[Consumption of psychoactive substances among youth]

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With regards to the use of tranquilizers and hypnotic drugs without doctor’s prescription, Polish 15 and 16 year olds take the first position in Europe. There is a clear link between the use of substances and gender. More often boys declare trying all available substances, apart from tranquilizers and hypnotic drugs, while experimenting with the latter is significantly higher among girls. They also try making combinations of alcohol and pills, which is more frequent amongst girls than boys119.

Violation of Drug Abuse Prevention Act of 2005120 Regulations on manufacture, distribution and possession of illegal drugs, such as psychoactive substances, are set out in the Drug Abuse Prevention Act of 29th July 2005121. According to this act, it is illegal in Poland to: −− Possess any amount of intoxicating or psychoactive substances. −− Sell intoxicating substances. −− Offer, facilitate or make it possible to use the substances, or coercion to use. −− Produce and process intoxicating substances..

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Each of the above mentioned acts is a punishable offence according to the regulation on the Act on Proceeding in Juvenile Cases of 26th October 1982 if the offender is a young person older than 13 but younger than 17. They are considered crimes if committed by pupils over 17 in which the Regulations of 6th June 1997 from the Criminal Law Code apply.

In 2008 there were 57 382 offences that violated the Drug Abuse Prevention Act, of which juveniles committed 10 514. In 2008 the proportion of juvenile delinquency against the Act was 18.3% in comparison to other general crimes. The majority of criminal offences, more specifically 6905 cases, violated art. 62, section 1 and 3, and fell under the category of possession of prohibited substances. Majority of these acts were committed in cities (6411 cases). It must be stated that minors who violated art. 62, section 1 and 3 (possession of drugs) were those who had no earlier conflict with the law and did not have a criminal record. This shows that new people are constantly using and experimenting with drugs.

Another offence committed by minors was persuasion and facilitating others the access to illegal substances (art. 58 of the above mentioned Act). Juveniles violated it 2164 times, of which 1787 were committed in cities. An upsetting activity of young people is getting financial gains from facilitating drugs to others, which is also an offence under art. 59 of the Act. The minors committed 1161 offences in this category, of 119. Używanie alkoholu i narkotyków przez młodzież szkolną- Raport z ogólnopolskich badań ankietowych zrealizowanych w 2007 roku, Europejski Programme Badań Ankietowych w Szkołach ESPAD, Instytut Psychiatrii I Neurologii, Janusz Sierosławski, Warszawa 2007, s. 51 120. Raport z działań Policji w zakresie zapobiegania przestępczości oraz patologiom społecznym w 2008 roku.

121. Ustawa z 29 lipca 2005 roku o przeciwdziałaniu narkomanii ((Dz.U. Nr 179, poz. 1485), [Drug Abuse Prevention Act of 29th July 2005]

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which 995 were committed in cities.

At this point, certain mechanisms that influence the dynamics of drug crimes should be explained. After the year 2000 sudden increase in the number of suspects was noted. This rise was caused, among others, by legislative changes. The 1985 Act122 did not punish for drug possession; drugs were merely confiscated. In the subsequent Act of 1997123, the possession of drugs as an offence was introduced and made offenders subject to a prison sentence of up to 3 years. However, having a small amount of drugs for personal use was allowed. It was the amendment to this bill in 2000 that introduced criminal sanctions for having even a small amount of intoxicating or psychotropic agents. The subsequent Act of 2005124 did not introduce any major changes.

Profile of young offender using psychoactive substances According to the responds provided by professionals in contact with minors and by the analysed data, the juvenile offender using and abusing psychoactive substances is characterised by: −− destructive and self-destructive personality, −− inadequate self-esteem: very low or high self-esteem, −− perfectionism, −− being seemingly independent, −− showing emotional ambivalence and liability, −− high sensitivity, touchiness, irritation, −− egocentrism, −− lack of empathy, −− aggressive behaviour, and −− distrust of others.

Family environment Generally speaking, juvenile offender comes from dysfunctional family or from apparently fully-structured family with hidden desocialization mechanisms.

The dysfunction is caused by various factors like: −− Lack of educational skills combined with the presence of: violence, alcoholism, broken family structure, informal relationships, delinquency −− Broken family structure – single mother, single father, grandparents −− Broken family – reconstructed, concubinage 122. Ustawa z 31 stycznia 1985 roku o zapobieganiu narkomanii (weszła w życie 1 marca 1985 r.)

123. Ustawa z 24 kwietnia 1997 roku o przeciwdziałaniu narkomanii (weszła w życie 14 października 1997 r.)

124. Ustawa z 29 lipca 2005 roku o przeciwdziałaniu narkomanii (weszła w życie 14 października 2005 r.)

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Types of drugs used or abused and modalities of consume The most prevalent substance used by minors, as well adults, is alcohol. With regards to drugs it is mainly cannabis, amphetamines, tranquilizers, psychotropic drugs, and all combinations of these substances with alcohol. An important factor is the price and availability of a drug, so those that are most prevalent are the cheapest and easiest to purchase.

Most minors consume alcohol and drugs during truancy in non-patrolled by Police places (abandoned buildings, construction yards, parks, heavily wooded and inaccessible places in the vicinity of schools) virtually every day of the week, very often during a long break, after school, or in the evening. Consumption occurs at parties, homes during the absence of parents, and holidays. Intoxication is a way of spending “free time” and if it turns into addiction, then the time, place and circumstances are irrelevant.

Crimes committed to purchase drugs

116

Crimes committed in order to gain access to financial means for the purchase of drugs or to possess them include theft, theft and burglary and robbery offences. Most thefts, at the beginning, are minor, usually to the detriment of parents or other close family members (grandparents, uncles, aunts).

Crimes committed under the influence of drugs −− against life and health, −− theft, −− theft and burglary, −− robbery offences, −− offence against public officers, −− violation of security in transport.

Crimes committed under the influence of alcohol −− offences against public officers, −− complicity in a fight or battery, −− theft, −− robbery offences, −− material damages. −− minor offences: breach of peace, public order offence, quiet hours violation or commitment of immoral acts.

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4. Policy towards minors involved into alcohol and drug addictions.

The basic legal act that regulates proceeding towards minors using alcohol and drugs is the Juvenile Law of 1982 and The act of 2005 on Drug Abuse Prevention125 constitutes a complement to the solutions included in this law.

Upbringing and protecting from demoralization and crime became basic assumptions of the juvenile law. Every person who proves the circumstances of a juvenile’s demoralization and in particular, alcohol addiction or other psychotropic agents, is under social obligation to counteract and primarily to inform the parents or guardians, the juvenile’s school, family court, the police or any other body (Art.4 § 1 of the Juvenile Law).

The penal model has been abandoned for action focusing on education and prevention: −− expanding minority period, −− introducing the term „demoralization” as basis for early family court intervention −− expanding the catalogue of educational measures −− limiting reformatory and penal measures The accepted model was also based on the presumption that we must not wait till a juvenile commits an offence and becomes a „juvenile delinquent” but rather react when first signs of demoralization are manifested, when bad behaviour or the breaching of rules of social coexistence call for educational measures.

The use of drugs and moreover depending on them is considered as a symptom of demoralization but it does not always predetermine a factual demoralization of juvenile.

Minors addicted to drugs or alcohol, due to being in the state of intoxication, gets involved in illegal actions or demoralization in respect to the penal law.

Thus in their case a dilemma of balancing between legal responsibility for one’s action and giving one a chance for treatment or rehabilitation arises. Their contact with the penal system cannot lead to labelling.

The use of drugs is not a violation of the law or a legal norm, but the method for obtaining it and its possession are both punishable acts. As a consequence, an early signal about demoralization of a juvenile addicted to drugs or a juvenile endangered with an addiction can lead to the attribution of a criminal act. In such cases, the undertaken actions are to counteract demoralization and measures applied are to educate and to treat the juvenile.

125. Ustawa z dnia 29 lipca 2005 r. o przeciwdziałaniu narkomanii. (Dz.U. Nr 179, poz. 1485)

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The main aim is preventing demoralization through taking measures among which the key ones are of educational character (educational and welfare measures, educational and medical treatment measures) Measures that can be of use in juvenile drug addicts are the following: 1) obligation to withdrawal from drug taking with intoxicating purposes (article 6 point 2 Juvenile Law) 2) other measures named in the 1982 regulations as specific for family court, especially medical treatment measures such as placing in a mental institution or other treatment centre, measures giving care or custody e.g. social welfare agencies, relevant institutions of emergency care and education, social and educational centres, and measures mentioned in article 72 of Juvenile Law that is: sending to a youth shelter or other educational and training centre (article 6, point 11 Juvenile Law), 3) measures mentioned in the Family and Guardianship Code, e.g. obligation to taking up environmental treatment, committal to partial care institutions (boarding school, common Rosom, local clubs or educational groups), see 109 § 2 point 4 F&GC. (article 6 point 11 Juvenile Law)

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Measures taken towards parents or legal guardians involve obliging them to: −− improve educational, welfare and health conditions of the juvenile −− close cooperation with the school the juvenile attends, a career and educational counselling centre, the juvenile’s employer or a medical treatment institution (article 7 §11, Juvenile Law.). −− helping the juvenile in performing imposed responsibilities and actions such as helping him/her organize their free time −− assistance in placing the juvenile in a mental institution or other institution of treatment −− helping the juvenile in environmental treatment.

However, the above mentioned measures are not adequate in cases of deeply dysfunctional family environment.

Obligatory treatment – applied to juveniles addicted under 18 years old is an exception to the rule of voluntary treatment, rehabilitation and readaptation. The legal basis for this rule is Art. 4, item 15 of the Juvenile Law. Measures applied toward under age drug addicts, who committed a crime.

In cases of these minors family court may recommend not only an adjustment of therapeutic and educational measures (Art. 12 of the Act Juvenile Law) but also placing the juvenile in a reformatory institution (Art. 10 of the Juvenile Law). An integrated application is impossible because their character is mutually exclusive.

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In reformatories of therapeutic character addicted minors are under special treatment, rehabilitation and re-socialization, except for cases where detoxification and in-patient treatment is necessary. Reformatory institutions provide juvenile addicts with assistance and help suitable for their individual needs in collaboration with others organizing education, treatment, rehabilitation and re-socialization that lead to eliminate reasons and effects of addiction achieve permanent abstinence from drugs and change a juvenile’s attitude and behaviour for more socially acceptable behaviour. Juveniles from other reformatories receive committals to special reformatory institutions for juvenile addicts if their addiction is revealed after court statement.

The influence of the use of drugs and alcohol in criminal activity of minors – Current Situation in 3 Partner Countries The brief overview of the topic of drug and alcohol related criminality of minors in 3 other partner countries, contributed by partner organizations from Italy, Spain and UK.

ITALY

The spread of the use of narcotic drugs and psychotropic substances has in recent years reached a large size. Between 11 and 18 years the preconditions for the use increase. Most consumers (occasional or usual) access to the psychoactive substances not for psychopathology but for motivations related to their process of growth and in particular influence of socio-cultural context.

Risk factors Scientific literature has focused a number of individual risk factors and social influence on behaviour of addiction and more generally other behaviour (suicide, food disorders, drug and alcohol abuse, etc.): −− endogenous factors; −− family factors; −− socio-cultural factors.

To understand a phenomenon of such large-scale we should study it in close relationship with the primary characteristics of the developmental age and particularly in relation to the developmental tasks that are associated with all the changes that the boy/girl is facing. Many research projects, in Italy and abroad, have shown that using drugs (mainly alcohol, ecstasy, cocaine, hashish and marijuana) teenagers looking for: −− excitement states to have more intense and satisfying relationships with other persons, −− more expressive and exciting recreational opportunities, −− identification with their peers −− reducing the condition of discomfort.

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Variables affecting the choice of consumption In addition to some common trends, we must recognize that the consumption of a psychoactive substance normally runs through a path in which each person actively build up a personal behaviour, making personal choices that define the specific characteristics of his/her relationship with drugs.

In each path there are three key factors: −− the person with personality and a personal history, expectations, beliefs, character, social skills, interpersonal relations; −− the substance and its effects; −− the situations that bring the subject in interaction with the substance: market strategies, accessibility of certain substances, cultural influences (Ravenna, 1999).

The characteristics of juvenile offenders in relation to the substances The situation presents the profile of the juvenile offender and consumer of substances.

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1. Drugs consumption Sex - Consumers are mostly male; the female presence is more concentrated in the consumption of heroin even though the differences are not statistically significant.

Origin - Statistically significant factor; the foreigners are much more present among heroin users. All this suggests, and confirm, the hypothesis of the replacement of the market and also the drug-dealing.

Offending - Usually prevail predator crimes for each consumer’s profile with a significant prevalence of the crime of robbery in cocaine and hashish. The persistence of drug use reinforces delinquent behaviour because of drug use and deviance are determined by the same cause since adolescents who use substances have higher probability than those who abstain to undertake deviant careers deviant or because those who take deviant careers has a greater likelihood of using drugs.

Quantity and Type of previous criminal offences - Very high and significant is the presence of previous criminal convictions in cocaine users; Cocaine, seems remarkable for its greatest potential risk of commission of crime more serious than other drugs.

Neighbourhood characteristics of residence - The consumers of cannabis and heroin live in areas more livable than other consumers. School - The worst performing schools are characteristics of consumers of hard drugs (heroin and cocaine).

Socialization with peers – The consumers of hard drugs are to have more meaningful relationships with probabilities other deviant adolescents. This data is in line with international research on the subject (McCabe, 2005) for which a factor of greater

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predictability in the consumption of drugs is sharing with peers of ideas and attitudes favourable to drug testing. Leisure time is experienced by adolescents and young people in places without adults’ control in an attempt to seek form of autonomy. It must take into consideration the role played in the adolescent age by “peer groups” as moment of comparison and testing of social and sexual roles. All drugs encourage socialization but not the heroin since it isolates the consumers from stable group of reference.

Involvement in “conventional” activities - Only consumers of ecstasy attend conventional activities (sports, cultural clubs, etc..). The consumption of these drugs is limited by the fascination of the disco night ritual, the search for the ‘new emotions’ understood as a moment of rupture with the regularity of daily life.

Motivations of consumption - The acceptance by the context of reference is the main reason; young people use drugs to stay together and have fun. The interaction with peers consumers strengthens the positive image of drugs and changes that initially negative. The consumption of new drugs allows to combine demands of leading an integrated life but also combines moment of duties’ escape. For consumers of cannabis the use is normal as often is part of a routine. The ‘fun’ instead states among consumers of cocaine and synthetic substances.

For consumers of heroin the use of the substance is in relation to the idea to escape from particular situations of stress and discomfort; the consumers of heroin and cocaine often come from situations of abuse or family relations characterized by poor communication, inadequate situation, conflicts with parents.

Cannabis - In particular, if the first substance is cannabis this inevitably brings in more than 70% of future hard drugs (heroin and cocaine) and synthetic uses (a sort of type of natural escalation). This conclusion must take into account that the paths of consumption of different substances are not static but change over time.

Heroin - Where is the heroin to be the first substance, this is then ‘integrated’ by cocaine and sometimes by cannabis and psychoactive substances (typical example of poly-consumption).

Cocaine - If the first substance is the cocaine, this is will be primarily accompanied by the consumption of cannabis; also the use of heroin is possible.

Synthetic drugs - Synthetic drugs unite rather indifferently cannabis, heroin and cocaine.

Alcohol - Alcohol is accompanied mainly to the consumption of cannabis and rare cases with heroin or synthetic drugs.

2. Alcohol consumption Sex - Most teenagers alcohol consumers are male.

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Origin – There’s a large prevalence of Italians since this mode of consumption is strictly related to Italian “style”.

Work - These children are not yet included in the work world.

Offending - The principal offence is the trafficking of drugs; this suggests that alcohol is accompanied by the use of drugs and it doesn’t constitute an mode of “fun”.

Previous criminal convictions - The level of criminal history is significant on line with the relative value to those consumers of other psychoactive substances. The theft in this case, represent also the principal offence.

Characteristics of the district of residence - In most cases these individuals live in integrated neighbourhoods with many services.

Sensation seeking - Relatively low is the percentage of those who take alcohol as a tool for research of the risk; the consumption of alcohol is part of a family culture and social tolerance.

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School – also here the literature on the subject (Maxwell et al., 2006) shows how consumers before these have become more independent, more rebellious and less interested in pursuing educational goals.

Peer groups and involvement in conventional activities - Most young people do not participate actively in activities of conventional entertainment.

Family conflicts - The presence of significant family conflict is not characteristic.

As said before, in this case the consumption of alcohol is most likely inserted within families where consumption is a routine and not associated with research of strange experiences.

Modality of consumption – The percentage of people who prefer to drink in a group is high and it is for this variable that generally speaking drinking represents an aggregation of youth. In this context alcohol consumption responds to a need for well-being and relaxation, able to relieve tension and stress. The availability of alcohol is generally considered an important cause of initiation, as well as the cultural permissiveness related to alcohol consumption.

Frequency – Alcohol use is regularly for several days a week.

The profile of a juvenile abuser inserted in juvenile justice system is in no way comparable to that of an adult drug addict, in fact, it is highly unlikely that their problems will lead to the certification of the status of drug addict, despite the need for specific intervention on behalf of the Local Sanitary Agency (A.S.L) and the Territorial Services (Ser.T). With regard to the situational background, what emerges is:

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−− juvenile drug users do not come exclusively from broken homes or family units, environments or cultures which can be described as poor or deprived.

They also come from apparently “normal” family and social backgrounds even if it has to be highlighted the existence of some difficulties in their relation with the Institutions which they hold little faith in. −− in the majority of cases the offender can be said to be Italian (80%), male (96%), average age 16,8 years with unset of first deviant acts in the pre-adolescent phase. The majority of them have to answer to offences connected with the violation of drug laws (58%) and crimes against property (36%).

Conclusions and recommendations (guidelines for working with children) Here some general considerations emerging from the experience of operators working in the field of juvenile drug abusers met during DREJC126 project. According to them n.3 are the levels to focus on: »» the minor’s “natural networks” – above all those of the family – those which require constant work on the part of the social services, not only because they often play an active role in sustaining delinquent behaviour and substance abuse, but also because they can be “utilized” as a resource capable of sustaining courses of rehabilitation, albeit with significant effort in terms of capacity for support and accompaniment; »» social-working reinsertion – for example through work and training/ education – still remains “in the background”, even though it is through exactly this type of initiative that youths can discover a fundamental way of overcoming the tensions and difficulties linked with the awareness that they are living in a “temporary” phase, one which does not yet have any well defined outcomes; »» last but not least the necessity and the demand for a greater level of coordination between different stakeholders (public local and national institution in the field of health, welfare and juvenile justice but also NGO’s and private organization operating in the field of interest within the territories of reference).

SPAIN Definition: Drugs are all those chemical substances which meet the following characteristics127: −− Once they are in our organism, they go to our brain and modify its ecosystem in a variable way −− Its regular use can generate processes known like: tolerance (the more the organisms adapts to the regular presence of the substance, the more it 126. Drug related juvenile crime (DREJC), Project number JLS/2007/ISEC 488 127. National Drug Plan: Your guide: Drugs: + information – risks, 2003 Edition, Ministry of Health and Social Politics.

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needs to produce the same effects); dependence (after a usual use, the person needs to consume the substance in question in order for him/her not to have withdrawal symptoms as we shall see in cases of physical dependence, and/ or to confront daily life, as we shall in cases of psychological dependence). −− Its abuse can cause different types of disorders: physical, psychological and social.

The drug dependency phenomenon is one of the most complicated problems mankind is currently having (because of its link with chemistry, biology, history, psychology, philosophy, art, etc.). Taking drugs does not transform someone automatically into a drug addict (quite a pejorative term which by the way, would better be eliminated from our vocabulary). On the other hand, drug-taking without any dependence is not necessarily harmless.

There are three basic types of consumption: use, abuse and dependence.

The latest State survey on drug-use in secondary schools of the Ministry of Health and Social Politics, based on 30,183 interviews with students between 14 and 18 years old in 2008, offers “hopeful but worrying” data according to the minister Trinidad Jimenez.

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In contrast with these positive data on the increasing perception of the risk of taking legal drugs, the difficulty to get illegal drugs, the decrease of cocaine, ecstasy, amphetamines and heroin use and the stabilisation of hash, the number of young people between 14 and 18 years old who get drunk during the weekends is perceptibly increasing. According to the survey, one out of four students does so during the weekend128, one out of three got drunk over the last month and six out of ten at least tasted alcohol during that period129. Although the number of adolescents drinking alcohol in Spain is practically the same as in 2006130, and although the age they have their first alcoholic drink has increased until 13 years and 7 months (a year and a month later than in the previous survey)131, the percentage of those who end up drunk has increased 6%132.

The delegate of the National Drug Plan, Carmen Moya, said the increase of drunkenness was due to the importation of the Anglo-Saxon consumption model133. After the alcohol, the most consumed drugs continue being tobacco (32.4% had smoked over the previous month) and cannabis (20,1%)134.

128. Miguel Lorenci: “Less coke and joints and more drunkenness during the weekend among young people”, June 18th 2009, Diario de Noticias.

129. Vanessa Pi: “Young people start later and later with drugs”, June 18th 2009, Diario de Noticias.

130. Antonio M. Jagüe: “120000 minor Spaniards get drunk every weekend”, June 18th 2009, Diario de Noticias.

131. Vanessa Pi: “Young people start later and later with drugs”, June 18th 2009, Diario de Noticias.

132. Antonio M. Jagüe: “120000 minor Spaniards get drunk every weekend”, June 18th 2009, Diario de Noticias.

133. Idem 134. Vanessa Pi: “Young people start later and later with drugs”, June 18th 2009, Diario de Noticias.

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The percentage of young people that admits frequently sniffing cocaine has decreased from 2.3% to 2% in two years but 5% of the young people have tried it. 5% also tried other psycho-active substance but less than 2% currently takes it.

The data indicates that young Spaniards consume less and less cocaine and cannabis but they get drunk more compulsively. The consumption is almost always linked to leisure time and weekends and is especially occasional. Regarding the gender difference, boys take more illegal drugs while girls smoke and drink more135.

Risk factors Risk factors for the development of alcohol and other drug problems have been identified136: »» Genetic and family factors: a family history of alcoholism. There is proof of genetic factors. The studies with twins also indicate the importance of genetic factors especially in men; family history of antisocial behaviour; inappropriate guidance and discipline by the parents; behaviours favouring alcohol and other drug use by the parents. »» Peer factors: one of the strongest factors to predict alcohol and other drug use by an adolescent is the fact that his/her best friend does so too. »» Psychological factors: school failure; rebelliousness and alienation and antisocial behaviour are associated to alcohol and other drug use. »» Social factors: the characteristics of the community also play a well-known role in the aetiology of delinquency and of the development of alcohol and other drug use. The connections between the population density, the lack of community organisation and criminal behaviour have been established.

Youth living in extreme poverty and deprivation have more possibilities of changing into criminals and using alcohol and other drugs.

Variables affecting the choice of consumption137 One of the variables that can affect the decision to take drugs and alcohol is the subject’s psychological vulnerability: the prediction of a major or minor risk of abuse comes from the attitudes towards alcohol consumption and the different ways of coping with difficult situations, more than existing personality.

The current conditions (attitudes, expectations, coping strategies, etc.) are more determining than the remote problems (childhood problems, personality dimensions, etc.)

Moreover, the consumption of these substances is associated with eating habits, the search for entertainment and new sensations, hospitality and group cohesion, as well 135. Miguel Lorenci: “Less coke and joints and more weekend drunkenness among young people”, June 18th 2009, Diario de Noticias.

136. Alejandra Inés Lacroze: “Risk factors to develop alcohol and drug problems”, January 4th 2009, article published on www.prevencionalcohol.com.

137. Rainier Boshoff: The motivational interview. Published in Psicología Clínica on March 30th 2008.

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as an initiation rite to adult life. The different degrees of biological resistance facing the alcohol consumption can be connected to hereditary and situational factors.

The characteristics of juvenile offender regarding substances138 On the occasion of the International Conference ‘Phenomena in Juvenile Delinquency: new penal forms’ (Seville 2007), organised by the General Directorate for Juvenile Reform of the Department of Justice and Public Administration of the Junta of Andalusia, with the help of the International Juvenile Justice Observatory, an approach was developed on drug use and the dual pathology of adolescents with a severe delinquent background.

The approach was based on a retrospective study of the clinical and delinquent backgrounds of 68 adolescents detained consecutively during 2005 and 2006 to fulfil court ordered therapeutic measures for having committed different crimes at the Educational Therapeutic Centre “Pi Margall” at Burjassot (Valencia).

The sample was composed of 58 (85.29%) boys and 10 (14.71%) girls between 14.09 and 20.05 years old, the average age being 17.04 at the time they entered the centre. The number of crimes they were condemned for was between 1 and 37, the average being 6.01.

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Disorders for substance use were the most prevailing ones with 49 cases (72.06%). The distribution of disorders due substance use was as follows: −− Alcohol: 20.58% −− Cocaine: 22.06% −− Opioids: 8.86% −− Amphetamines: 5.8% −− THC (cannabis): 26.7% −− Benzodiazepine: 10,29% The consumption pattern was essentially multiple addictions. Although the non abusive use of substances was not considered, most of the subjects abused or depended on various substances. The most frequent diagnostic combination was the disorder caused by the use of substances with the behaviour disorder. Substance abusers/ addicts presented signs of co morbidity more frequently than non-consumers.

We find ourselves therefore before a population sub-group made up of delinquents who are under age, have a serious criminal background and with important needs of psychiatric attention. Among these cases there is an enormous prevalence of disorders caused by substance use and behaviour disorders which appear in co-morbidity in more than two thirds of the cases.

138. Rafael Forcada Chapa: drug use and the dual pathology of adolescents with a severe delinquent background. International conference Seville 2007.

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Future aims139 The delegate of the National Drug Plan, Carmen Moya and the Minister of Health, Trinidad Jimenez, established as an objective, raising the awareness of parents and adolescents with campaigns that will show the damage of the botellon (a drinking binge in the street).

They will also fight against the connection leisure time – alcohol through training of the parents in municipalities of more than 100,000 inhabitants.

The Health Department is planning to sign an agreement with the parents’ associations CEAPA and CONCAPA, to involve the parents more directly in the prevention of drug use both within the families and at school. For the time being, no new rule on alcohol use will be promoted and neither will the law on tobacco be hardened, even though 33% of the adolescents are against smoking in closed spaces. “Not enough time has gone by to evaluate the current law”, said Jimenez.

Sources:

−− National Survey on Drug use in Secondary Schools, 2008, Ministry of Health and Social Politics. −− http://www.pnsd.msc.es/Categoria2/observa/pdf/Estudes2008_Web.pdf −− Rafael Forcada Chapa: drug use and the dual pathology of adolescents with a severe delinquent background. International conference Sevilla 2007. −− http://www.oijj.org/plantilla.php?pag=100705 −− Rainier Boshoff: The motivational interview. Published in Psicología Clínica on March 30th 2008. −− http://www.psicologoescolar.com/MONOGRAFIAS/palma_de_mallorca_rainier_ boshoff_la_entrevista_motivacional.htm −− Vanessa Pi: “Young people start later and later with drugs”, June 18th 2009, Diario de Noticias. −− http://www.publico.es/espana/233081/jovenes/inician/vez/tarde/drogas −− Antonio M. Jagüe: “120000 minor Spaniards get drunk every weekend”, June 18th 2009, Diario de Noticias. −− http://www.elperiodico.com/default.asp?idpublicacio_PK=46&idioma=CAS& idnoticia_PK=622307&idseccio_PK=1021 −− Miguel Lorenci: “Less coke and joints and more drunkenness during the weekend among young people”, June 18th 2009, Diario de Noticias. −− http://www.drogomedia.com/hemeroteka/archivos/200906181.pdf −− Alejandra Inés Lacroze: “Risk factors to develop alcohol and drug problems”, January 4th 2009, article published on www.prevencionalcohol.com. −− http://www.prevencionalcohol.com/2009-01/factores-de-riesgo-para-desarrollarproblemas-con-alcohol-y-otras-drogas/#more-87 −− National Drug Plan: Your guide: Drugs: + information – risks, 2003 Edition, Ministry of Health and Social Politics. −− http://www.pnsd.msc.es/Categoria2/publica/pdf/dir.pdf

139. Antonio M. Jagüe: “120000 minor Spaniards get drunk every weekend”, June 18th 2009, Diario de Noticias.

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UNITED KINGDOM

Drug and alcohol related crime is a problem in many towns and cities. Binge drinking in particular is an increased problem amongst young people and is often linked with violent offending. It is the modern definition of drinking alcoholic beverages with the primary intention of becoming intoxicated by heavy consumption of alcohol over a short period of time. Binge drinkers are more likely to offend than other young adults.

The Home Office as an update Drug Strategy from 2002 with key objectives set out to tackle drug and alcohol related crime in the UK. The key element of this strategy is the Drug Intervention Programme (DIP) which offers offenders whose crimes are drugrelated the support they need to kick the habit. http://www.homeoffice.gov.uk/crime-victims/reducing-crime/drug-related-crime For young people, the recommended service is the Frank website, which offers useful tips and advice about drugs and addiction. Talk to Frank is a helpline where young people can talk openly about drugs and receive help.

Alcohol related crime Binge drinking in the UK is a much publicised matter which is high up on the Government’s agenda.

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The Alcohol Harm Reduction Strategy for England (Cabinet Office, 2004) highlighted the costs to society of alcohol-related crime, disorder and antisocial behaviour. It placed particular emphasis on the problem of binge drinking which was defined as ~drinking to get drunk~ Prevalence of binge drinking »» 44% of young adults (18- to 24-year-olds) were identified as binge drinkers (i.e. they felt very drunk at least once a month). This group was more likely to binge drink than any other age group. Young males were more likely to binge drink (49%) than young females (39%).

Binge drinking and general offending »» Binge drinkers were more likely to offend than other regular drinkers.

Among 18 - to 24 - year-olds, 27% of binge drinkers admitted they had committed an offence in the past 12 months compared with 13% of other regular drinkers. »» Young male binge drinkers were more than twice as likely to commit a violent offence (16%) than other young male regular drinkers (7%). »» Young adult binge drinkers committed a disproportionate amount of the total number of crimes. 18- to 24-year-old binge drinkers accounted for only 6% of the total adult sample, but they committed 30% of all crimes reported by adults in the past 12 months, and 24% of all violent incidents.

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Binge drinking and criminal and disorderly behaviour during or after drinking »» Criminal and/or disorderly behaviour during or after drinking was again more prevalent among young adult binge drinkers (with the exception of theft) - 63% of all young adult binge drinkers admitted to such behaviour during or after drinking, compared with 34% of other young regular drinkers. »» Young male binge drinkers were much more likely to get into a fight than young females (25% vs. 12%). Young male binge drinkers were much more likely to get into a fight (25% vs. 12%) and damage something (14% vs.

4%) during or after drinking than young female binge drinkers. »» Even after other factors were taken into account, frequency of drunkenness was still an important indicator of criminal and disorderly behaviour during or after drinking. The likelihood of getting into an argument, getting into a fight and damaging something during or after drinking increased the more frequently individuals drink to intoxication.

Drugscope, the UK’s leading independent centre of information and expertise on drugs in conjunction with Capita, offer a seminar entitled: Preventing Alcohol Related Harm in Children and Young People which provides practical advice and guidance to help you work in partnership to tackle the damage caused to individuals and the community by underage drinking in your area.

They provide quality drug information, promote effective responses to drug use, undertake research, advise on policy-making and good practice, encourage informed debate (particularly in the media) and speak for our members working in drug treatment, education and prevention and other areas.

DrugScope is a charity supported by a variety of organisations, including Government, trusts and sponsors. We rely on donations and grants to support our vital work.

The seminar organised by them will address the key prevention issues including: »» Examining the social drivers that fuel drinking amongst young people »» Police enforcement to tackle underage drinking »» Offering meaningful activities as an alternative to drink culture »» Educating young people on the ill effects of alcohol »» Engaging parents to promote responsible alcohol consumption »» Encouraging industry to play their part to prevent young people drinking Practical presentations and case studies will be followed by group discussions to share best practice and identify solutions for preventing the harm caused by underage drinking.

A £4m advertising campaign was launched by the UK Home Secretary last year to highlight the dangers of binge drinking, focusing especially on 18-24 year olds. It includes a range of television, print and online adverts and poses the question: ‘You wouldn’t start a night like this, so why end it that way?’

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The campaign forms part of a wider package of measures put in place by the Government since the Alcohol Strategy was published last year. These include: »» New laws to tackle underage drinking in public »» National police campaigns to confiscate drink from young people and clamp down on irresponsible retailers »» Tougher sanctions for premises that sell alcohol to young people »» National trials of short sharp shocks for people arrested for alcohol related offences »» Independent research into the links to alcohol pricing and promotions and the harm they cause.

At the 2008 Home Office Tackling Drug Supply Awards, the Metropolitan Police Service won two out of four categories and in addition gained a commendation. The winners were Operation Pauldings, won by Central Task Force, Nightingale Lane, for the best practice against the middle market category, and Operation Dryaden won by Lambeth Borough.

Operational Command Unit for the best example of enforcement linkages with the local Drug Intervention Programme.

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5. Conclusions and recommendations The improvements in the field of therapeutic and re-socialization programmes.

According to Maciej Rutkowski - Director of the therapeutic and re-socialization for addicted juveniles in Bialystok, changes should include above all: »» Philosophy of the upbringing process itself, psychological help and ways of their conduct in the institutional conditions140; »» Staff – they should be engaged, open and authentic, ready for partnership with children, ready for team work and continual improvement to their qualifications; »» Forms and methods of correctional and educational work – for example, emotional relationships with tutors, self-service courses (lack of staff members), individualized learning, independence; »» Staff work methods – for example discussing work with individual pupils, structure and dynamics of pupil group, psychology courses, support groups, team work based on openness.

The efficiency of changes within the system depends solely on the will of the people and teams working at individual institutions. Making the decision to change requires individual readiness for partnership with “the subjects of education”, for resignation of due authority that arises from their performed functions. “Only when we set our 140. Vide: Rozdział IV.1. Założenia psychologii humanistycznej

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true goal to be the shaping of personality, teaching responsibility for one’s actions, reduction of hostility toward society and teaching the attitudes and behaviours socially acceptable – we will need to relate to new methods of educational approaches.”141 The main problems in functioning the reformatory system for juveniles in Poland.

Below are the main and most important conclusions from expert debates from 19th of November 2008 and of 17th of July 2009 with regards to the control of juvenile detention centres and juvenile shelters carried out by the Supreme Chamber of Control (Najwyższa Izba Kontroli). −− Ineffective education offer provided at schools in juvenile centres is adjusted to the minors needs. −− Insufficient (or lack of) preparation for juveniles for independent living in freedom after leaving correctional facilities. −− Wrong classification of juvenile centres, which should be based on potentials and strengths of juveniles instead of on their deficits (disorders, categories of offenses). Current solutions do not support individual development of minors. −− Need for applying mixed system – the problematic of a child in danger and its family should be under the responsibility of only one resource.

The current solution does not allow for early, comprehensive and efficient diagnosis of the situation of dysfunctional families, nor for early prevention of pathologies. −− Need for applying community based sanctions instead of isolating. −− Need for close and active cooperation with family of minor. −− Lack of opportunities for vocational trainings for minors in open conditions. −− Unattractive (old-fashioned) professional training offer for minors. −− Lack of inter-institutional cooperation. −− Overcrowded correctional facilities. −− Lack of trained security staff on educational issues. −− Lack of police officers specialized in minors’ issues. −− Lack of provisions allowing to provide help for minors coming from poor families. −− Lack of system solutions for post-detention care for minors. −− Lack of legislation defining the rules and duties of security workers within juvenile centres.

The need for post-detention care for minors is considered as the most important issue, and was raised by most of the expert panels participants. Monika Lewoc - Vice Director of the Section of Execution of Family Judgements in the Department of Execution of Judgments and Probations from the Ministry of Justice and Slawomir Walczuk - of the Solidarity Trade Union. According to them, such care should not be carried out by probation officers, but by the own centres’ educators who have already 141. M. Kosewski, Agresywni przestępcy, Wiedza Powszechna, Warszawa 1977, s. 266.

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had contact with the minors. Monika Lewoc added that nowadays there are no legal provisions regulating an effective follow-up care but in the re-socialization system there is no such thing as elements of such care – hostels142 at juvenile centres, although the minor is still at a juvenile detention centre.

EXPERTS Dr. Anna Muszyńska – Assistant Professor Department of Substantive Criminal Law at Faculty of Law, Administration and Economy in University of Wroclaw.

The main fields of the interest of Dr. Anna Muszyńska are basis of criminal responsibility and criminal, legal and criminological issues of drug addiction and drug related crimes.

Publication: “Drug addicts - culprits of criminal offences”, Zakamycze, Kraków, 2004 Maciej Rutkowski – Psychologist, director of the therapeutic and re-socialization detention centre for addicted juveniles in Bialystok with over 10 years of experience and successful therapeutic work with drug addicted minors in conflict with the law placing in the centre in Bialystok. Maciej Rutkowski, in close cooperation with educators employed in the facility, created an effective therapeutic programme specifically designed in respect for needs of minors under the treatment taken towards them in the centre.

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142. Hostels (currently there are only a few of such facilities) – facility dedicated for minors subjected to custodial measures, who, due to good behaviour, may complete the stay in such hostel. Living in a hostel is more similar to normal functioning of society. Pupils learn or work, and also have their responsibilities associated with living in a hostel. Supervision is exercised by educators of the centre, but it is a bit lighter.

Staying in a hostel aims to help in transition from the correctional facility to the society, and above all, to help students in becoming independent. This solution has many advantages and currently is the best form of post-detention care proposed by the Ministry of Justice. Unfortunately, it is difficult to talk about it fully effectiveness for several reasons. Firstly, such help is available only for a small percentage of minors, and secondly, it can not be effective because it is still a part of the punishment, and there is a lack of such educational elements like: trust, a sense of mental freedom and responsibility. It is still a stay in a reformatory.

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Bibliography −− Gromek K. (2004), Komentarz do ustawy o postępowaniu w sprawach nieletnich, LexisNexis, Warszawa, s. 56. −− Kodeks rodzinny i opiekuńczy z dnia 25 lutego 1964 roku, Dz. U. Nr 9, poz. 59 z późniejszymi zmianami. −− Konsumpcja substancji psychoaktywnych przez młodzież szkolną- młodzież 2008, Raport końcowy z badania CBOS na zlecenie Krajowego Biura ds. Przeciwdziałania Narkomanii, Warszawa 2008r. [Consumption of psychoactive substances among youth] −− Konsytuacja Rzeczpospolitej Polskiej z 2 kwietnia 1997 roku, Dz.U. Nr 78, poz. 483 z późniejszymi zmianami. −− Konwencja o prawach dziecka, przyjęta przez Zgromadzenie Ogólne Narodów Zjednoczonych dnia 20 listopada 1989 roku, Dz.U. z 1991 roku, Nr 120, poz. 526. −− Raport z działań Policji w zakresie zapobiegania przestępczości oraz patologiom społecznym w 2008 roku. −− Raport z działań Policji w zakresie zapobiegania przestępczości oraz patologiom społecznym w 2008 roku., Warszawa 2009, www. statystyka.policja.pl −− Rozporządzenie Ministra Sprawiedliwości z dnia 17 października 2001 roku w sprawie zakładów poprawczych i schronisk dla nieletnich, Dz.U. Nr 124, poz. 1359. −− Rozporządzenie Ministra Sprawiedliwości z dnia 17 października 2001r. Z sprawie zakładów poprawczych i schronisk dla nieletnich, (Dz. U. Nr 124, poz.1359) −− Rozporządzenie Ministra Zdrowia w sprawie szczegółowych zasad kierowania, przyjmowania, przenoszenia, zwalniania i pobytu nieletnich w publicznych zakładach opieki zdrowotnej z dnia 20 kwietnia 2005 roku, Dz.U. Nr 79, poz. 692. −− Siemaszko A., Gruszczyńska B., Marczewski M. (2009), Atlas przestępczości w Polsce 4, Warszawa. [Atlas of Crime In Poland 4] −− Sierosławski J., Bukowska B., Jabłoński P. (2003), Juvenile Delinquency And Substance Abuse, Krajowe Biuro ds. Przeciwdziałania Narkomanii, Warszawa. −− Sierosławski, J. (2007), Używanie alkoholu i narkotyków przez młodzież szkolną Raport z ogólnopolskich badań ankietowych zrealizowanych w 2007 roku. Europejski Programme Badań Ankietowych w Szkołach ESPAD, Instytut Psychiatrii i Neurologii, Warszawa. [European School Survey Project on Alcohol and Other Drugs. Alcohol and drug use among students] −− Szymańczak, J. (1999). Przestępczość nieletnich w latach dziewięćdziesiątych w świetle analiz i statystyk policyjnych, Informacja BSE nr 662, Biuro Studiów i Ekspertyz, http:// biurose.sejm.gov.pl., [Juvenile delinquency in 90’s, police statistics analysis] −− Urban, B. (2005), Zachowania dewiacyjne młodzieży w interakcjach rówieśniczych, Kraków. Wydawnictwo UJ. [Deviant behaviour of youth in peer interactions] −− Ustawa Kodeks karny z 6 czerwca 1997 roku, Dz. U. Nr 88, poz. 553. −− Ustawa o ochronie zdrowia psychicznego z dnia 19 sierpnia 1994 roku, Dz.U. Nr 111, poz. 535. −− Ustawa o pomocy społecznej z dnia 29 listopada 1990 roku, Dz. U. z 1993 roku Nr 13, poz. 60 z późniejszymi zmianami. −− Ustawa o Rzeczniku Praw Dziecka z dnia 6 stycznia 2000 roku, Dz.U. z 2008 roku, Nr 214, poz. 1345.

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−− Ustawa o systemie oświaty z dnia 7 września 1991 roku, Dz. U. z 1996 r. Nr 67, poz. 329 z późniejszymi zmianami. −− Ustawa z 24 kwietnia 1997 roku o przeciwdziałaniu narkomanii (weszła w życie 14 października 1997 r.) −− Ustawa z 29 lipca 2005 roku o przeciwdziałaniu narkomanii (Dz.U. Nr 179, poz. 1485), [Drug Abuse Prevention Act of 29th July 2005] −− Ustawa z 29 lipca 2005 roku o przeciwdziałaniu narkomanii (weszła w życie 14 października 2005 r.) −− Ustawa z 31 stycznia 1985 roku o zapobieganiu narkomanii (weszła w życie 1 marca 1985 r.) −− Ustawa z dnia 26 października 1982 r. o wychowaniu w trzeźwości i przeciwdziałaniu alkoholizmowi (t.j. Dz.U. z 2002 r. Nr 147, poz. 1231 ze zm.) [The Act on Upbringing in Sobriety and Counteracting Alcoholism of October 26th 1982] −− Używanie alkoholu i narkotyków przez młodzież szkolną- Raport z ogólnopolskich badań ankietowych zrealizowanych w 2007 roku, Europejski Programme Badań Ankietowych w Szkołach ESPAD, Instytut Psychiatrii I Neurologii, Janusz Sierosławski, Warszawa 2007, s. 51

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Chapter 5 The cyber-crime and the e-bullying in France

by SĂŠbastien Marchand. Official representative and Psychologist.

Association Diagrama

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Association Diagrama The association is set up to carry out research in the field of cybercrime and minors who are authors and victims of these offences. We believed it was an essential current issue and that the different authorities were only becoming aware of the problematic and starting to set up educational and preventive measures in an experimental way.

Throughout our research we were able to see up to which point this action field was indeed only taking the first steps. This issue seems essential to us because it is a field that could challenge the fundamental principles of the citizensâ&#x20AC;&#x2122; rights and liberties and whose first victims are children and adolescents. So in fact child protection is the main issue. How can our society integrate such a powerful and efficient tool while guaranteeing the conditions of respect for privacy, individual development and freedom of citizens, especially that of minors?

As new technologies have developed, their use has become widespread and now plays an important part in the everyday lives of a large proportion of the French population. It is in this context that we encounter the problem of the inappropriate use of new technologies which lead to acts which constitute a criminal offence, and this is especially the case among young people. Consequently, children and young people find themselves in conflict with the law for cyber-bullying and other digital offences.

In the French Dossier, we analyze the specific legislation at work in the juvenile justice system. From the point of view of criminology, we studied different forms of crime that may be perpetrated by minors in the digital field, as well as the responses of various institutions and organizations.

In conclusion, the French dossier submitted by Association Diagrama has devised a series of analysis of best practices for the treatment of children and young people at risk.

1. General definition, the juvenile justice system and digital technology related issues.

General Country context: France and the information society The use of Information and communication technologies (ITC) services is continuing to rise across the globe.

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According to the European Parliament and the Council’s143 recommendation on the protection of children and of human dignity on the right to respond regarding competiveness of the European Industry of audiovisual services and on-line information, the term “media” refers to “all means of communication intended for public diffusion on-line for a public of published information as newspapers, periodicals, the radio, television and internet based news services “At the end of 2009, an estimated 4.6 billion people had a mobile phone contract i.e. a rate of 67 per cent of inhabitants at global level. Last year, the penetration rate for mobile phones in developing countries exceeded 50 per cent, reaching 57 per cent at the end of 2009, according to one estimate; even if this percentage is well below the average in developed countries where the penetration rate exceeds 100 per cent, the progression rate is remarkable: in developing countries the penetration of mobile phones has effectively doubled since 2005 when it was only 23 per cent”144.

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Internet use has also continued to rise albeit at a slower pace. In 2009, an estimated 26 per cent of the world population (i.e. 1.7 billion) used The Internet. In developed countries the percentage remains far higher than in developing countries where 4 out of 5 inhabitants still do not have any Internet access; China alone, meanwhile, accounts for one third of Internet users globally. The Internet penetration rate in developed countries reached 64 per cent at the end of 2009, whereas in developing countries the rate was only 18 per cent (and just 14 per cent not counting China)145.

New technologies affect numerous aspects of life. They have had a direct influence on the means of communication they use as a vehicle. Similarly, we also shall look at the consequences they have on how people interact, especially young people, who are the largest users of these means of communication.

Young people and the use of new technologies

The United Nations Convention on the Rights of the Child recognises children’s right to education and information and also recognises their right to play and to recreational activities146. The Convention also provides protection against all forms of exploitation including being forced to engage in an illegal activity.

“The appropriation of The Internet by the generation of young adults who were the first to grow up with audiovisuals and screens has engendered the emergence of a particular “screen culture”. This is inextricably linked to forms of youth culture of Internet users who take the social use of The Internet for granted in their everyday lives. Socialising now has a whole range of communication tools and knowledge can be acquired remotely.

143. Recommendation of the European Parliament and Council 20th December 2006 on the protection of minors and human dignity on the right of reply in relation to the competitiveness of the European Audio visuals and Information Services Industry (2006/952/CE) 144. International Telecommunications Union. Measuring Information Society 2010 145. Ibid.

146. Convention of the Rights of the Child. Articles 13, 28, 31.

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To take full advantage of this virtual universe, young adults deploy specific tactics and methods: multi-windows and multi-tasking change their relationship with print culture that is set to coexist alongside screen culture”147.

Children and young people are among the highest users of The Internet and mobile equipment. When they “surf the net” looking for information, for fun or to build up their social network they are also among the most vulnerable to be exploited. Without any protection mechanisms, their very precious lives are seriously threatened in the perverted world of cybercriminals and paedophiles on the lookout for easy prey.(…) It is true that The Internet offers children amazing opportunities to open up their world to grow up to become creative and productive adults, however we must be vigilant to ensure they don’t get caught up in situations which might result in scarring them for life.

I urge decision makers and Industry leaders to find ways to ensure that we can all surf safely in the rapidly evolving world of The Internet”148.

“The benefit of new technologies in education is no longer up for debate”, according to l’Atelier, a technology- watch cell of BNP Paribas that has just presented a study conducted by I’fop among a representative sample of 1,279 people. The results show that 88 % of those surveyed believe the use of Information Technologies in education of children is useful.

Data on the use of new technologies

The statistics presented in this section come from a wide variety of sources aiming to illustrate the importance and scope of the use of both telephone and Internet new technologies by young people in today’s society.

In a domain that is evolving extremely quickly, some figures and studies may help to grasp the reality and diversity of young people’s use of multimedia, the role of parents and the effectiveness of protection tools149.

Data from International sources Consumer report May 2010- Personal Data Protection on Facebook and Twitter150 According to consumer report May 2010, the American equivalent of 60 million consumers, 42% of Facebook and Twitter users jeopardise their right to a private life.

Data from National sources In France, young people under the age of 20 account for 25.8 % of the population.

147. MESSIN. Audrey. From Internet use to a screen culture. Université Paris II Panthéon-Assas, Institut Français de Presse (IFP).(2005) 148. Ban Ki-moon. Secretary General of United Nations. World Day of telecommunications and the Information Society, 17 th May 2009 149. Data from the study provided by the organisation Internet sans crainte (Internet without fear) 150.http://www.internetsanscrainte.fr/s-informer/consumer-report-May-2010-protection-des-donneesprivees-sur-facebook-et-twitter

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Concerning new technologies, their use has become far more widespread and has been largely democratised due to the falling prices of various equipment. New technologies are now a part of households’ day to day life.

81% of families with children have a computer and 66% have The Internet.

The largest users of The Internet are young people, primarily students. In 2004, 69% of under 17s had a computer at home and 46% of them were Internet users.

In 2007, 95% of the 16-24 age group had used a computer in the previous three months and 92% had used The Internet.

Internet use offers a broad range of possibilities to young people such as: Facebook, blogs, MSN, e-mail, SMS, etc.

One out of two young people use e-mail. 70% of young people aged 10-18 use MSN, and 30% say they make 50 contacts per day.

The average age to start using The Internet is 8 years151.

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French people and The Internet- TNS Sofres Study152, Feb. 2010 almost all internet users surveyed use The Internet to “send or receive e-mails” (96%), “get practical information” (93%) and for “fun” “(88%). Next come “keeping up with the news” (80%), “purchasing products or services” (76%), “instant messaging services “(72%) and “reading blogs” (62%).

Compared to 2006, the activities that have especially risen include consulting blogs (+11 points) and buying products and services (+6 points). 72% of 15-34 year olds believe that The Internet is an important source of information (14% of whom consider it their preferred source of information), compared to 57% of 35-59 year olds and 50% of the over-60s.

In this age group, 35% see The Internet as a “source of information that replaces newspapers since it allows you to find all information”.

Therefore, young people don’t pay much attention to the Press. 64% of 15-34 year olds see The Internet as a “a source of information that complements newspapers since it allows you to find different types of information”.

On the occasion of Safer Internet Day 2010, Trend Micro asked the Opinion Matters Institute to conduct a parents/children study153 on the way young people manage their image on The Internet and how their parents handle this.

151. BLAYA, Catherine. “Cyber bullying and happy slapping in France: a case study in Bordeaux”.

152. http://www.afjv.com/press1002/100225_etude_francais_internet.php 153. Image personnelle en ligne, quand les ados étalent leur vie sur Internet(Personal photographs on line, when teenagers put their whole lives on display on the Internet): a Trend Micro study – 9th February 2010

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This survey was conducted in France with 1,000 parents and children154. The results showed that the main information shared by young people on The Internet include: e-mail address: (67,5 %), photos (43,7 %,) friends (34,7 %), postal address (23,6 %).

Girls seems to be happy to share information about their private lives (photos, friends), whereas boys publish more practical type of information (e-mail and postal address).

However similarities in their uses can also be observed.

The older they get, the more they share personal information. In fact, between the age of 10 and 16, the uploading of photos on-line increases by 382%, the exchanging e-mail addresses by 173%) and finally, through social networks the updating of their status in real time shoots up: + 514 %.

Only 27% of teenagers say they do not upload information their parents would not like to see, whereas 74.4 % of 10 year olds respect their parents’ wishes.

The majority of under-15s consult either their parents (67%) or their friends (44 %) about what is safe to put on the Internet and what is not.

Other data from the Observatoire sociétal du téléphone mobile155 shows that: 70% of 12-24 year olds have a multi-function mobile phone they can have fun with whereas the over 40s tend to opt more for a basic mobile phone. The 12-24 age groups are the highest users of Smartphone’s (15%). The study revealed that 99% used their handset to make calls, however it also found that some other rather unexpected uses: for instance 41% also use it as a torch!

12-24 year olds are distinguished by their multiple use of their mobile: 98% of 12-24 year olds send SMS messages; 87% take photos and 68% make videos; 58% send photos or videos 68% listen to music; 54% play games on their mobile and 41% log on to the Internet.

Another study looking into the relationship teenagers have with their mobile phones156 confirms first and foremost the “native digital” (those born with computers and The Internet) generation’s tendency towards “multi-tasking”. Indeed, 80% of the young people surveyed had a mp3 player, 96% have access to a computer with an Internet connection at home, and 62% have their own game console. As for mobile phones, 73% of teenagers between the ages of 12 and 17 have got one which confirms it is young people’s main media.

To be more exact, mobile phones seem to be a socialising tool that is more important to teenage girls’ since more of them have one (77% compared to 70% of boys) and at an earlier age (49% had their first mobile phone at the age of 13 compared to 41% of boys of the same age, and 72% had one before the age of 14 compared to 60% of boys of the same age).

154. http://fr.trendmicro.com/fr/about/news/pr/article/20100209105521.html 155. 5th AFOM-TNS Sofres Study for the Social Observatory of mobile phones 156. ETUDE UNAF/Action Innocence - Adolescents et téléphone portable - 6 octobre 2009

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With regards to risks, girls came out as more liable to experience unpleasant situations such as harassment (20% of girls compared to 12% of boys), whereas boys complained more frequently about receiving messages of a sexual nature on their mobile from friends (17% compared to 10% of girls). Finally, 13% of boys said they had already received messages of a sexual nature from strangers, compared to 7% of girls.

Indeed, according to ETUDE/JEUNES157, statistic agency in France, most children only start using The Internet at the age of 8 (48%), or even after the age of ten (39%).

Although most use The Internet on the family computer (90%), young people also use their own computers (43%), their mobile phones (30%) or access The Internet outside the home (cybercafés, friends, mobile phones…).

Furthermore, young people don’t seem to be very well informed about the possibilities of setting parameters on social networks: one third has a Facebook or MySpace profile that anyone can access.

Risk situations can arise in a variety of uses; again according to the young people surveyed: 49% arise when searching for information, 26% when visiting Daily Motion or You Tube, 18% in chat rooms, 15% on sites such as Facebook or Sky blog, and 9% in network games.

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The majority of the young people surveyed who had found themselves in a risk situation reported it (76%) in most cases telling their parents (in 92% of cases). However one child in four did not tell anyone about the incident they encountered.

Thus, IT and telecommunication tools are used extensively by young people and now have a major role in their everyday lives. Indeed, because of the vast array of tools and means that exist, young people are using them ever more frequently and in an essentially personal way. The majority of young people upload photographs, use instant messaging, social networks…

The Juvenile Justice System France advocates a restorative juvenile justice system in accordance with major International Standards. Thus, a general description of the fundamental principles, the key players in the process, as well as the characteristics of the procedures will illustrate the specific treatment of minors in conflict with the law in France.

Basic principles

The juvenile justice system must endeavour to enforce certain fundamental principles.

First of all, according to the Convention on the Rights of the Child “State Parties recognize the right of every Child suspected, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the 157. ETUDE JEUNES - e-Enfance/IPSOS juin 2009

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child’s rights, sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child assuming a constructive role in society”158.

Certain fundamental aspects of France’s juvenile justice system are currently the subject of much debate. Indeed, they are at the heart of the reform that is underway with papers being submitted by research committees and the draft of the Juvenile Justice Penal Code. Despite efforts of the different political institutions, this draft did not achieve unanimity in the judiciary and organisations linked to juvenile justice in France.

In France159 since 1945, there has been a separate justice system for children and young people under the age of 18. It includes specialised judges and courts (juvenile judges, juvenile courts, juvenile court of assizes) and judicial protection for young people (PJJ).

It operates using different laws and procedures which has been adapted to minors and their age group, which differ from those of the ordinary justice system.

Characteristics and specificities of juvenile justice

In France, the judiciary possesses a certain degree of specialisation in dealing with minors, commonly referred to as “Juvenile Justice”. This system works within a Formal Criminal Justice System which has been devised for adults and also operates beyond the justice system through Committees, Commissions or administrative working groups for certain matters.

Juvenile Justice deals with two main areas: protection and punishment: It intervenes to protect minors in danger (abuse, incest, prostitution...). It also sanctions offences committed by minors: It seeks firstly to remind the minor of his duties to society and tries to make him/her take stock of the offence that was committed to avoid a repeat offence, which does not however, rule out a criminal sanction being imposed (probation, parole, even imprisonment) if justified by the seriousness of the offence or the minor’s personality.

Therefore “Juvenile justice concerns minors in danger (within the framework of the Civil Justice System under article 375 onwards of the Civil Code) as well as young offenders (within the framework of the Criminal Justice System in accordance with the ruling of 2nd February 1945 regarding young offenders).

In both systems, it is the remit of the Juvenile Judge to make the legal decision”160.

The organisation of juvenile justice

In France, there are now just over 150 Juvenile Courts within the ordinary courts of first instance across the whole country.

158. CRC, article 40.1.

159. http://www.cdad-var.justice.fr/articles/page/id/54 160. Ministry of Justice and Freedom http://www.justice.gouv.fr/index.php?rubrique=10042

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Depending on the situation - civil if the minor is in danger or criminal for crimes and offences - these specialists’ judges hand down decisions in different formations: −− Single judge −− Juvenile courts presided by the Juvenile Judge alongside two advisors (lay magistrates) −− Juvenile Court of Assizes composed of 3 professional Judges (including 2 Juvenile Judges) and of a people’s jury (9 citizens chosen at random).

Minors who have committed reprehensible acts are tried in principle by specialised judges or jurisdictions: juvenile prosecutor, juvenile judge, juvenile court. However, in matters of juvenile justice, the age taken into account for the application of any measure is the minor’s age on the date the offence was committed and not their age when they are arrested or tried.

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Whatever the legal framework in which the minor is heard, subject to an investigation or tried, the Judicial Protection for Young people takes it into account and their mission consists of several points: −− The assessment of the minor’s situation when he is presented before a jurisdiction. −− A proposition stating the reasons for the alternative educational measures or sanctions instead of imprisonment. −− The execution or monitoring of the execution of the educational measures or sanctions pronounced by the jurisdiction.

The Training of Judges and Prosecutors in Cyber Crime161 In some European countries, law enforcement agencies have managed to improve their ability to investigate cyber crime. However, judges and prosecutors are still having a difficult time handling these types of cases. They should however, be trained in matters of cyber crime and electronic evidence so that they can understand and be proficient users of new technologies.

The Council of Europe has proposed boosting the training of judges and prosecutors in cyber crime. This project aims to assist the efforts of training institutions of the judiciary to draw up specialised programmes. The Council of Europe’s concept emphasises the broadening the offer of initial and continued training and forging relationships between the private sector and teaching institutions In France, cyber crime is not taught at the National School of the Judiciary. Students simply have a three-hour course on searching for electronic evidence.

However, it organises classes as part of in-service training. Judges can do a placement alongside experts within The Central Office for the Fight against ICT crime.

161. The Council of Europe. The Department of the Information Society and information on the fight against crime “Cyber Crime Training for Judges and Prosecutor: a concept”. 8th October 2009

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Specific definition of the phenomenon This study aims to define the type of crime that exists and the way this new phenomenon of violence fits into the French National Legal and Political Framework. This will enable us to formulate recommendations which are based on putting into practice a series of programmes that will also be analysed.

Young people’s private lives are also increasingly laid bare by the often personal information published in their blogs, on social networks, in chat rooms, and so on.

At a very young age, web users face some complex issues: copyright on the Internet, image rights, protection of personal data and private life, and the risks inherent in the Internet’s social forums.

According to Maud de Boer-Buquicchio, Deputy Secretary General of the Council of Europe “The Internet offers enormous possibilities of progress: it helps us to express ourselves, to share, communicate, learn, play and work. However, to fully exploit its potential, while respecting our common values which include Human Rights, democracy and the rule of law, we must ensure it is not dangerous, especially not for children.”162 The Daphne project “Violence and Technology”163 promoted by the European Commission sets out a specific definition of the phenomenon known as “cyber bullying”, which is becoming increasingly frequent and an increasing number of children and young people admit having found themselves in such situations. Cyber bullying is a term that refers to situations in which a person is threatened, harassed, intimidated humiliated and made fun of or is targeted by another person or group of people on the Internet, by mobile phone or by ANP. Cyber bullying can be conducted by e-mail, text messages or during online gaming sessions. Being targeted always harms children, and unlike face-to-face intimidation can in extreme circumstances lead to direct physical violence, including self mutilation or even suicide. The impact on victims can be considerable, given the private nature of the technology used - mobile phone intimidation for example - can get at children even in their own homes, after school and is often unknown to the parents, teachers and those responsible for protecting them.

This type of behaviour, when targeting adults, is considered online harassment and can have a similar effect. For victims cyber bullying can take the form of online stalking and the manipulation of information.

Cyber bullying differs from traditional bullying by the use of new technologies such as mobile phones and the Internet. This type of intimidation can affect people, not just at school but also in their own home. This phenomenon happens in the virtual world 162. Council of Europe. Safer Internet Day 2010. https://wcd.coe.int/ViewDoc.jsp?id=1582357&Site=DC&Back ColorInternet=F5CA75&BackColorIntranet=F5CA75&BackColorLogged=A9BACE 163. KANE J. y PORTIN P.”Violence and Technology”.European Commission DG Justice, Freedom and Security, Daphne Programme. (2008)

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and is liable to happen at any time and can therefore upset and threaten somebody, even in their own home. Indeed, it is sometimes difficult to identify the perpetrator of intimidation because they are able to block their numbers or post messages on websites anonymously. The nature of this type of intimidation can affect a lot of people, some of whom do not even realise they are being threatened. The positive side of this type of intimidation is that it can be proven. In the case of traditional intimidation, it is a case of one person’s word against another. However in the case of cyber bullying, it is possible to save SMS messages or to print e-mails, instant conversations and WebPages. All of these can be used as proof so as to arrest the person behind the intimidation and put a stop to it.164 What is Cyber-bullying?165 Cyber-bullying is harassment through e-mails, instant messages and chat rooms, onsite publications and messages or images sent from a mobile phone. Cyber bullying, like traditional bullying involves an imbalance of power, aggressiveness and a negative action, which is often repeated.

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Cyber bullying has unique features that are different from traditional harassment: »» Anonymity: however bad the traditional schoolyard bully may be, he/ she can be easily identified and possibly avoided. Children who are cyber bullies are often anonymous. The victim is often left wondering who the cyber bully is, which can result high levels of stress. »» Accessibility: most children that use traditional methods of bullying torment their victim at school or when they are on their way home from school. Although bullying can happen anywhere in the community, there is usually a standard period of time during which bullies can access their victim. Cyber bullies however can get to their victim at any time of the day or night. »» Punitive fears: victims of cyber bullying often do not tell anybody because: (1) a fear of vengeance by their persecutor, (2) they fear they will no longer be allowed to use the computer or telephone. Often, adults’ response to cyber bullying is to take away the victim’s technology, which victims feel is a punishment. »» Spectators: most cases of bullying take place in the presence of other people that act as spectators or witnesses. The phenomenon of being a spectator in the virtual world is different as the e-mails can be sent and received, Internet pages can be consulted, pictures can be sent from mobile phones etc. The number of spectators in the virtual worlds can reach millions. »» Lack of inhibition: the anonymity that the Internet offers leads children to do things that they can get away with. Ironically, it is the very fact they are anonymous means they can bully.

164. http://www.thinkuknow.co.uk/11_16/control/cyber-bullying.aspx?AspxAutoDetectCookieSupport=1 165. www.olweus.org

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What’s new about cyber bullying?166 Bullying is nothing new. However, there are certain features of cyber bullying that distinguish it from other forms of harassment. »» It can happen at any time, and invades personal space. Cyber bullying can happen any time and can encroach into areas that we used to consider safe and personal. »» There can be many victims and they can be reached swiftly. The difficulty in controlling electronically sent messages are that are aboard the resorts and the objective of cyber bullying means there can be more victims than in other forms of harassment. Electronically sent content is difficult to control and the fear that content may be publicly exposed can be very upsetting for victims. »» Cyber bullies can attempt to remain anonymous. This can be overwhelming, for victims. The bully may never be in the same physical space as the victim. »» The profile of the bully and victim: cyber bullying is normally done in pairs and by people within the same generation. Teachers have also been targeted. Age or size is not important. Witnesses can also become accessories for bullies e.g. to forward humiliating images »» There have been cases of cyber bullying that were done unintentionally. This can be the result of the unintentional action (something sent as a joke can be very hurtful or offensive to the person it was send to) or the lack of awareness of the consequences and -- for example, saying something bad online on the understanding that what is said will not go beyond those present. »» Many acts of cyber bullying can, in themselves, be considered evidence. This is one of the reasons it is important to know how to respond.

Common forms of Cyber harassment167: »» Cyber harassment can take many forms, however, the following six are the most common »» Harassment: repeatedly sending insulting, vulgar or hurtful messages. »» Defamation: publishing information about another person that is pejorative or false by posting it on a web page, sending it to others by e-mail or instant messaging or posting or sending the modified pictures of someone. »» Sending offensive messages: online-fighting sending angry, vulgar e-mails. »» Identity usurpation: getting into somebody’s e-mail account or a social network and using their identity to send or publish lewd or embarrassing documents to other people. »» Play a trick on somebody and force them to reveal personal information: sharing somebody’s secrets or embarrassing information and sending 166. www.digizen.org 167. www.olweus.org

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them to other people. »» Cyber stalking persistence in the sending of messages including threats or intimidation or involving other online activities and making the person fear for their safety (depending on the content of the message, this may be illegal).

2. Overview of minors in conflict with the law for e-violence The Profile of Young Offenders The identification of minors is a real problem regarding their use of the Internet regardless of the stance taken on the issue. Assuming that the minor is a full actor in cyberspace and thereby, he/she has rights and obligations which govern his/her use of the Internet168.

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“For various reasons, it was also often believed that the law could hardly expect to regulate cyberspace: some wanted to do away with every single limit to freedom whereas others took a somewhat different stance believing the law was unable to regulate the Internet. Such views are no longer so strongly held and the law’s vocation of intervening case related to the Internet has now been broadly acknowledged”169.

“Youth is a period of change and transformation, which is marked by the process of passing from childhood to adulthood: adolescence. This in-between period, when former points of reference disappear while new ones have not yet been clearly defined, is a time of searching, making choices and therefore of contradictions between a whole spectrum of risks and the need for security. It is a period of facing up to the world where freedom is claimed and allows young people to grow, while still needing support from adults.”170 The research that this study is based on views the phenomenon of bullying in different terms. The minor’s background, including, not just their family but also their school environment is assessed. These places have been traditionally considered as settings where the first forms of bullying can occur between minors and thus is inextricably linked to the study at hand.

168. NLEND Cécile, The protection of minors in cyberspace, PhD thesis at Dollard-Cormier University of Picardie Jules Verne. (2007) 169. LEPAGE a., “Liberties and fundamental Rights”, Internet under scrutiny 170. RUETSCH. Secretary of State for Justice Preventing youth crime is a priority for future Status report submitted on 18th February 2010

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“Schools have an important role in protecting children from violence. For many children, though, educational settings expose them to violence and may teach them violence (…)

Fighting and bullying are also examples of violence against children in schools. Often bullying is associated with discrimination against students from poor families or marginalized groups, or those with particular personal characteristics such as appearance or a disability.”171 Since 1990, in an effort to prevent such behaviour, various measures have been introduced and have taken the form of external personal assistance, which has ensured improved communication and security in schools. Partnerships have been created with agents such as educational support associations or social protection, the Police and the courts have been developed.

Special attention has been devoted to manage discipline, and the code of sanctions has been introduced for aggressive, disruptive behaviour.

The report by Eric Debarbieux, chairman of the scientific council on safety at schools “Rejecting daily oppression: the prevention of bullying at school”172, tends to show that the bullies and the bullied would be more prone to developing antisocial behaviour that can be subdued by the law. The bullies’ behaviour would favour the appearance of new ways of violence. The study by Olweus, D. (1993) says that a large part of these do not become criminals or long term bullies.

However, according to Olweus173, there seems to be a strong correlation between being a bully, during the school years, and having problems with the law as an adult. In his study, 60% of those who were identified as bullies at school, have been arrested at least once for a criminal offence at the age of 24.

Chronical bullies seem to have more difficulties developing positive human relations once they are adults174. They are more likely to mistreat their partners and use physical punishments and violence towards their children175.

The risks for boys who attack and mistreat their peers in a regular way during adolescence are three to four times higher to adopt socially unacceptable, and later, violent behaviour.

As far as the bullied go, an American study176 has shown that 75% of “school shooters” were victims of bullying during their school years.

Cyber-bullying is therefore a problem of individual development (the psychological repercussions for the victims and the perpetrators), of social dynamics (an evolution 171. http://unviolencestudy.org 172. Report of the Minister of national youth education and associative life. Pr. Eric Debardieux - International Observartory of Violence at School 173. www.olweus.org 174. Oliver, Hoover, & Hazler, 1994 175. Roberts (2000) 176. Vossekuil et alii, 2002

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of social functioning rules within social groups) but also of internal security (because of the effects that bullying practices, especially those on the internet, can have on the development of behaviour that is anti-social, violent and non compliant with the law)

Social context In recent years, violence in schools has been one of the growing concerns in France.

In primary schools, the most frequent incidences were insults and threats with an increase of 5% between 2003 and 2004. In secondary education, persecution decreased slightly between 1995 and 2003. However, there has been a significant increase in a sense of insecurity, including the relationship between students and adults at school.

Sometimes 80% of teachers changed schools from one year to the next, which means that there is a lack of support and continuity for students. It has been acknowledged that this produces feelings of detachme nt and violence.

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Bullying however, has been studied in France, primarily from a sociological or criminology point of view, but much less so regarding violence at school. Very little information is available, and it has only been since 2002 that bullying in the workplace has been acknowledged as a problem but so far, nothing has been said about bullying.

Some in-service training is provided to UFM professors; however, this depends largely on the possibilities and the skills of staff at each centre.

It has not been until very recently, the 4th May 2011, that Luc Chatel, minister of national education, presented a plan to fight against bullying at school. This plan is based on a report by Eric Debarbieux, chairman of the scientific council on safety at schools. The title of the report is: “Rejecting daily oppression: the prevention of bullying at school”177.

The survey he led estimated at more than one child out of ten as a victim of bullying in primary school. The minister of education’s plan particularly plans to close down Face book web pages of pupils proven to have bullied their classmates. Therefore a partnership is being set up between the minister of education and Facebook.

So we can say that the problem of bullying today and the place of internet media in this kind of behaviour is taken into account by the political authorities.

Survey on “happy-slapping”178 A Case study was carried out in five schools in Bordeaux to clarify the extent of the so-called happy-slapping phenomenon, which is also often accompanied by cyberstalking. The aim of this study was to measure the main problems encountered in relation to violence in schools and more generally to measure the general climate in educational establishments.

177. Report of the Minister of national youth education and associative life. Pr. Eric Debardieux - International Observartory of Violence at School 178. Catherine Blaya, “Cyber bullying and happy slapping in France: a case study in Bordeaux.”

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The methods consisted of a series of 12 questions to find out the quality of the relationships between people, sense of security felt in the school and its surrounding areas, and whether people felt their peers and their teachers respected them.

To measure the persecution that some students were subject to, the study focused firstly on verbal abuse using four indicators: being nicknamed in a pejorative way, being ostracised, being insulted and being the victim of racism. Different forms of physical and psychological violence were looked at, which were occasionally linked to crimes: fighting, the use of weapons, happy slapping, cyber-bullying and extortion…

The conclusions show that the cyber-bullying and happy slapping dominated with 18.4% of students surveyed. The victims are primarily boys, however, 6.1% of girls had been victims three times of cyber-bullying compared to 2 .9% for boys.

It is important to stress that repeated bullying has a considerable impact on the atmosphere in the school and on schoolwork because of the serious psychological repercussions.

Indeed, repercussions include school dropout, serious problems of absenteeism, anxiety and depression, loss of self-confidence, which leads, on occasion, to suicidal tendencies.

Evolution of the uses and the emergence of cyber crime

The use of the Internet can present dangers to young people who do not know how to protect themselves from websites and whose use of the Internet is not supervised by their parents.

There are different types of risks of unrestricted access to the Internet. The first is linked to pornographic content or violent images, and another is chat rooms where children can be contacted by adults pretending to be young people.

‘Cyber-bullying’ is a violent attitude of an Internet user who deliberately seeks to harm others using Information technology179.

Although young people’s freedom of speech in cyberspace is real, it is subject to limits arising from common law and the specific law governing their status e.g. minors are not allowed to use their freedom of speech to harm others180.

This Juvenile self-regulation, or rather self-censoring, implies that they are aware of the rules of good conduct set out by “Netiquette”, and also and especially that they are Internet citizens who refrain from making licentious, offensive or defamatory comments.

In the Universal Declaration of Human Rights it is stated: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

179. Internet et COE http://www.coe.int/t/dc/files/themes/children_and_internet/default_en.asp 180. Ibid.

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Article 9 of the Civil Code and Article 8 of the European Convention of Human Rights and Citizens’ rights enshrine the same principle, although in slightly different terms.

Information presented at the first International Congress of Digital Citizenship181 was held in the Basque country from the 20th to 22 May 2010 reported that 5% of adolescents are involved, either as perpetrators or victims of cyber-bullying: 20% of young people are involved in situations of cyber harassment because the majority of young people use the Internet without taking the necessary precautions.

The digital crimes that are committed most frequently by children and young people are as follows: defamation, violation of image rights and the right to respect for private life, insults, contempt and bullying and incitement to immoral behaviour. The criminal code establishes its provisions regarding all offending behaviour for which minors come into conflict with the law. However, they will not be tried in the same way as in the ordinary justice system for adults.

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In the abovementioned recommendation, there are examples of action that can be taken by the parties and associations concerned with the welfare of children and young people: »» The systematic provision of a powerful filtering system that is userfriendly and is updated regularly as part of the subscription with to a access service provider; »» Offer access to a service specially designed for children, complete with automatic filtering operated by the service provider and mobile phone operators; »» Introduction of an incentive scheme to provide regular descriptions and an updated list of recommended sites in order to be able to rank sites and evaluate their contents. »» Pop-ups on all search engines informing about information available and about how to use the Internet responsibly and with help lines.

Various prevention and awareness-raising actions have been devised: Promotional campaigns, Conferences, exhibitions, workshops, youth panels, partnerships, …

Several sites have been created to inform users, parents and children about the risks of the Internet for young people and what attitudes to adopt. For example: −− The Ministry of Education Programme: Sur la toile méfie toi des pièges!

(Watch out for traps on the web!) −− The site Mineurs.fr182 −− The Confiance project and the Internet Sans Crainte website183 181. Congreso Interrnacional de Ciudadanía digital http://www.congresociudadaniadigital.com/programay-ponentes/ponentes-2/ 182. http://www.mineurs.fr/ 183. http://internetsanscrainte.fr/

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−− The Council of Europe’s Internet Literacy website “Protège ton ordi!” has been launched184. −− Inhope (International Association for online help services) In addition, to the different websites and programmes that have been drawn up at a European level and have been enshrined in French national law, there have been developed a number of awareness-raising events on the risks of Internet use.

Internet sans Crainte Programme The purpose of this programme is to reach children and young people directly, and to address parents and carers. It brings together at a national level the main actors involved in the protection of minors on the Internet and supports preventative actions regarding Internet risks.

This programme receives support from the following partners: −− Tralalère, an educational programme production company −− E-enfance (E-childhood) is a French NGO working to protect children on the Internet. −− AFA, The Association of Access Providers To achieve the objective of raising awareness of children and parents different programmes have been implemented within the “Internet sans Crainte” programme: −− Vinz and Lou on the Internet185: The Vinz and Lou on the Internet programme produced by Tralalere offers a series of 15 cartoons with interactive activities and pedagogical files. −− 2025 Ex-Machina186: The 2025 Exmachina programme, launched by Tralalere proposes a thriller-type game called SERIOUS GAME that invites users to question, based on a series of several episodes, their permanent and mobile use of the Internet and to think about their specific use. −− CNIL: Awareness raising campaign “Je publie, je réfléchis!”187 published in association with the Internet Sans Crainte and the 2025 ex-machina serious game. The CNIL wishes to raise awareness of the need for vigilance and responsible use of the Internet amongst young generations. −− Safer Internet Day is organised every year in February and brings together key actors from the public and private sector to raise awareness amongst the general public. −− NetEcoute helpline: the Safer Internet programme has offered a telephone helpline since 2008 for children and parents188 .

184. http://www.coe.int/t/dghl/standardsetting/internetliteracy/default_fr.asp 185. http://www.vinzetlou.net/ 186. http://www.2025exmachina.net/ 187. http://www.jepubliejereflechis.net/ 188. NetEcouteFamille at 0820 200 000 (9 euro cents/minute)

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The Tour de France, of educational establishments189 Calysto is an agency that centres its activity on mastering all the issues related to the Internet and Information and Communication Technology. For the sixth year in a row, Calysto launched a partnership with the Minister for National Education in 20 of France’s educational institutions. This was a unique operation in France and was a way of informing and raising awareness amongst pupils (primary schools, secondary schools and high schools) and the members of the educational community (parents and teachers) about the correct use of the Internet and mobile phones.

Calysto also published the information guide for young Internet users and their parents on the issues and risks related to Internet use at school and at home called “Internet sans embroilles” (Internet without the “shady business”). 200,000 hard copies of the guide were handed out to students, teachers and parents during the Tour of France Schools.

The Council of Europe’s programme: building a Europe for and with children190 Within the framework of its programme “Building a Europe for and with Children”, the Council of Europe has developed several activities aimed at raising awareness of the dangers and risks of the Internet.

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Firstly, it created an interactive game “Wild Web Woods”191 which teaches children to react responsibly when faced with potentially harmful content and behaviour that they are likely to encounter online.

Furthermore, the Council of Europe has drawn up a manual of “Internet proficiency”, which is the guide intended for teacher, parents as well as young people, which explains how to best use the Internet and how to protect your right to respect for private life on Internet sites and social networks.

Signature of an agreement aimed at reinforcing Internet safety On the initiative of the Commission, 17 major websites have accepted to take protection measures by signing an agreement aimed at preventing young people from jeopardising their safety and right to respect for private life. It includes in particular, sites such as Facebook, MySpace, YouTube, the French site Daily Motion and Habbo Hotel, a virtual world that is very popular with children.

In the signing of the agreement during a ceremony organised by Safer Internet Day, the 17 companies made the following commitments: »» Users should be able to report abuses with a single click. »» Profiles and lists of contacts of users under 18 will be set as “private” by default.

189. http://www.tousconnectes.com 190. http://www.coe.int/t/transversalprojects/children/default_fr.asp 191. http://www.wildwebwoods.org/popup_langSelection.php

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»» Private profiles of minors will no longer be accessible. »» The options of private life will no longer be visible so that users know who can read what they put in line. Their friends or for the whole world.

3. Example of a good practice in Italy: the « peer-to-peer » advice service This is a service composed of non-professional reference people, 4 teachers, 4 parents and six students who work with the help and supervision of protection authorities and training and management institutes for organisations. The team of reference people can intervene on site giving training or conferences but also online with a help service by email and by participating on interactive forums.

The whole team is recruited and receives training adapted to the services that are given.

This is the first service with this « peer to peer » educational characteristic ever to have been created in Italy.

Professor Peter K. Smith from the University of London (European coordinator of the groupe research – intervention on intimidation and cyber-bullying) guarantees the quality of the experimental idea and supervises the work and the activities phase by phase.

Objectives and activities The online advice service for peers is open once a week in the afternoon for three hours (by the advice agency – school policies for the municipality of Cagliari – Ancient Art School). The idea is to give information and help. The « on site » advice service gives seminars and training days directly at the schools.

The global objective of the (online and offline) advice service is to prevent and fight against intimidation, cyber-bullying and risky online surfing.

The specific objectives that are carried out by the service are varied. They strive to reach as many of the students, teachers and finally the pupils’ parents as possible.

These objectives are to : −− Try and remind or educate the respect for certain values and principles of life in society (critical spirit, empathy, moral values…) −− Inform about the consequences of intimidation and cyber-bullying −− Present the prevention measures that can be observed. −− Give support and expertise on the ways to manage problem situations

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The different reference people from the service carry out the activities with certain autonomy. The reference students will especially deal with students, the reference teachers will deal with the teachers and the reference parents will deal with the pupils’ parents. They will use « face to face » modalities, like training or conferences, and « online » modalities, by answering emails and discussions on the forums at the same time sharing the resources involved. So the teaching contents are adapted both to the reference person and the person who asks for it.

In spite of this all there is a great number of activities that are carried out by all the reference people. They create an information brochure on intimidation and cyberbullying, the research projects that are done as well as the cooperation with projects organised by the ministry of education and that of internal security.

The reference people need to do continuous training to carry out this task. This training and accompaniment includes the necessary knowledge and skills :

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For the offline activities: −− To know and use technical language on intimidation and cyber-bullying spontaneously −− To disseminate information on intimidation and cyber-bullying −− Moderated group discussions to create good practices in the field −− Affirm their opinions.

For online activities: −− To recognise cyber-bullying and intimidation behaviour −− To recognise other risk behaviour online (publishing of compromising pictures, disseminating personal information on the Internet, especially using violent video games or games with a sexual overtone, the unsafe use of webcams and interactive games…) −− To disseminate information and raise the awareness of internet users who ask for advice, either by email or on the interactive forums. −− To encourage, if necessary, to send the matter to the section of the Postal and Telecommunications Union

4. Conclusions and recommendations The problem of cybercrime and more specifically cyber-bullying among children, adolescents and young adults has been taken into account by different authorities for several years now. The today’s panorama in France (Report by Debarbieux and the antibullying plan at schools) and the Italian example of the Peer-to-peer service show us that an ambitious policy must be based on several foundations: −− The school or student system is essential to disseminate information and give support to the victims. −− The information campaign must go to, and this in a specific way, Final Dossier European Dimension Project JLS/2007/ISEC/488

children and adolescents, their parents and the educational community, −− The people in charge of communication must be able to use different media (classic conferences, email service for questions and answers, participation on forums…) −− These people also need specific training to recognise and deal with bullying cases. −− Finally, a plan to fight against cyber-bullying must be part of a partnership with different internet providers so that the authorities can identify and punish the person who committed these offences against the law.

Internet is still a powerful communication and knowledge tool. The generalisation of the use of this media even produces social evolutions (position and strength of social networks in different societies), evolutions in the development of children and adolescents, and important progress in different fields of human science research. The abusive use we have described must be controlled and included in a prevention and repression campaign in order to value the positive aspects of this technology and to control the pernicious effects as much as possible.

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Chapter 6 The juvenile gangs in United Kingdom by

Pupil Parent Partnership Brian De Lord. CEO PPP Laida Quijano. Project Coordinator

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Pupil Parent Partnership (PPP) has chosen to focus on the “Juvenile Gang” as part of the European Dimension project, to be able to enhance and add value to the work that we carry out with vulnerable and at risk young people. In the UK, young boys are “groomed” by older gang members to carry weapons, store stock and perform acts of violence and young females are often “recruited” into prostitution through intimidation.

At PPP our focus is on individual young people. The age group that we work with is representative of the prime recruitment age for teenage gang members. Thus, PPP’s experience of working with gangs had involved seeing young males being ‘recruited’ through many forms including intimidation, violence and kidnapping amongst others.

For many young people, joining a gang is an attractive option because it provides a sense of self worth, status and belonging. At PPP, we aim to offer an alternative environment where these needs can be met. Our work involves building relationships that allow young people to feel valued and part of a “safe” family from which, they can develop their own sense of independence and ability to access the opportunities that mainstream society has to offer.

When carrying out research on Juvenile Gangs in the UK within a national context, there were a number of questions that arose to consider. Firstly, why we had specifically chosen to focus on Juvenile gangs within this project on juvenile violence?

Our decision was based on the fact that a considerable number of the young people we work with are already outside of mainstream society but are still looking to belong somewhere and receive support, so subsequently, they are more susceptible to joining gangs. In addition to our work on ‘European Dimension’, PPP set up a project funded by the UK Home Office aiming to support young people to move away from the lure of a gang and towards more positive futures. The young people chosen for the project would receive support from ex-offenders who had volunteered and been trained by PPP as mentors. So far, this mentoring project has been challenging on a number of levels: in terms of the level of support that the volunteer mentors themselves have needed to be ready to provide a useful mentoring experience for the young people; and also as regards retaining the mentors from the training stage right through the year-long delivery process. Yet, in terms of their engagement with the young people, this proved to be the easiest part as the mentors were quickly able to build rapport with them. The real challenge lay in being more than an ‘I know where you are coming from’ figure to the young people and ensuring the work went beyond just temporary distraction to have a real and long-term effect. This meant developing a relationship with the young person and being able to take risks with them to challenge their attitudes. Following the principles of nurture, as well as taking account of attachment and attunement theories, the former gang members, now volunteer mentors, have been instrumental in our observations of and work with young people in juvenile gangs.

In this project, we have been looking at the nature of juvenile gangs in the UK; why young people join gangs and what work is being done with them. As this is a European

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project, our aim is to find common ground on juvenile violence in its varying forms and from there share best practice models, based on sound principles that are applicable and transferrable on a European scale. As such, the work that we are currently doing with volunteer mentors and young people at risk of being involved or already in a juvenile gang is crucial primary research in terms of: the current juvenile gangs situation in London from the perspective of teenagers and the contrasts and similarities with the situation 10-15 years ago from the volunteer mentors; the effects that our mentoring course have had on the mentors and their mentees; and the reasons why the volunteer mentors decided to change the course of their lives – all leading into research on best practice models. One of our observations of the volunteer mentors is that there is a pattern in their age in terms of their growing self-awareness and maturity. Around this age they are able to see the limitations of the world as they are trying to re-enter the mainstream. This need to move away from crime and start afresh is a precarious and vulnerable position for them to be in and one which requires a great deal of strength and support. In effect, they are people who have been in the shadows of mainstream society for their whole lives and are looking for a way back in.

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This change is also triggered by the sudden realisation that most people from their initial peer group are now either dead, in prison or have mental health issues. During the mentoring course the challenge lies in their going back and unpicking the decisions that they made. These could have been decisions made because they were not aware, such as: why did you need this or do that? Once they are able to reconcile their vulnerability and the need to “be someone” or not “lose face” that they felt at that time, they can begin to work with the young people. It is our aim then to work with both the young people and the volunteer mentors and bridge the gap between them to prevent the young people from progressing into a life of crime.

1. Definition of the Term ‘Juvenile Gang’ within a UK Context As the UK partner on the European Dimension Project focusing on ‘juvenile gangs,’ it was necessary at the outset to define what constitutes a ‘juvenile gang’, particularly within the UK as this may differ from the traditional notions of gangs and street based culture identifiable in the USA. In the UK, a gang is a group of people who, through the organisation, formation and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organisation or else a criminal affiliation. In early usage, the word gang referred to a group of workmen. In the UK the word is still often used in this sense, but it later underwent pejoration. The word gang often carries a negative connotation; however, within a gang that defines itself in opposition to mainstream norms, members may adopt the phrase as a statement of identity or defiance. However, when dealing

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with the subject of the ‘juvenile’ gang in particular, just by using the term there is the immediate danger of glamorising the group or even further of placing them in the same category as an organised crime group. Hallsworth and Young (2004) from the Association of Chief Police Officers differentiate between a group of young people coming together socially and a ‘criminal street gang’. The criminality that is associated with street gangs is paramount to gaining an understanding and from there an accurate definition of the term.

The Hallsworth and Young (2004) definition also argues that there are three types of groups commonly referred to as gangs: »» Peer groups: relatively small, unorganised and transient entities that come together in public spaces. Delinquency and criminal activity are not integral to such a group’s identity or practice. Offending is periodic, spontaneous, intermittent and opportunistic. Offences are often low-level nuisance or antisocial, with little to no engagement in serious assault or acquisitive crime. »» Street gangs: relatively durable, street-based groups who see themselves and are seen by others as a group for whom crime and violence are essential to group practice and solidarity. Crime, especially violent crime, is instrumental as well as expressive, as it involves a distinctive form of culture and masculinity. »» Organised crime groups: composed principally of individuals for whom involvement in criminal activity is an occupation and a business venture. In economic terms, organised crime groups exercise disproportionate control over the illegal means and forces of crime production.

These three definitions are particularly interesting in terms of theories around attachment, where young people form peer groups for reasons linked to upbringing (support, protection, consistency or belonging) and ‘low level’ nuisance develops into crime, violent crime and repeat offending. Although the distinction between the three groups is clear in terms of criminality, the common trends are significant particularly in the absence of boundaries and positive alternatives for the future. Furthermore, ‘development’ from one category to the next seems all too easy in the absence of adequate support structures.

The ‘Directgov’ website (www.direct.gov.uk) defines a juvenile gang as: a group of people who may be involved in crime and violence. Many young people will not realise they are in a gang, they will just think they are in a group of friends. It is important to remember that being in a gang is not illegal, only the criminal offences committed are illegal. So, a ‘criminal street gang’ is one that is defined by its criminality whereas a ‘juvenile gang’ could be described as a social group. In spite of this, it is also true that anti-social behaviour within juvenile gangs can lead to criminality so early preventative measures need to be in place to ensure that a peer group does not ipso facto lead to a criminal street gang.

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Manchester Multi-Agency Gang Strategy (MMAGS) is a multi-agency team established in 2007, dedicated to eradicating gang violence in Manchester. Within three years it has adopted the following definitions: »» A gang: a group of three or more people who have a distinct identity (e.g. a name or badge/emblem) and commit general criminal or antisocial behaviour as part of that identity. This group uses (or is reasonably suspected of using) firearms, or the threat of firearms, when carrying out these offences. »» A gang member: someone who has identified themselves as being a member of a gang (as above) e.g. through verbal statements, tattoos, correspondence or graffiti. This identity is corroborated by police, partner agencies or community information. »» A gang associate: someone who offends with gang members (as above); or who is associated – by police, partner agencies or community information – with gang members. It also includes someone who has displayed, through conduct or behaviour, a specific desire or intent to become a member of a gang.

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In a practitioner’s report written by Jonathon Toy (2008) containing recommendations for preventing gang and weapon violence in London, statistics show that in 2007, 22% of homicides in London were a result of gangs or criminal networks. In 66% of the total cases of homicide a weapon was used, with the highest proportion (43%) knifeenabled. What is interesting to note in the breakdown of these homicide rates into age and ethnic groups are the marked variances that exist. Two thirds of the homicides in London in 2007 were committed by British born youths between the ages of 10-19 (out of a total of 27 homicides). Within this number, 78% of victims and 76% of offenders were described as African-Caribbean, compared to 36% of overall homicide victims and 51% of offenders. Of the 27 homicide victims, 90% were male and only eight were alone when they were attacked. In three cases multiple offenders attacked a lone victim and in a further three cases the opposite was true. The research carried out highlights that youth homicide offences arise from more ‘chaotic’ encounters and that ideas of being ’safer’ in a group or gang are not supported by the facts. The location of youth homicides is highly concentrated in the Inner-London Boroughs and tends to be in areas of high deprivation. More significantly, the research indicates that there is a strong link with the illegal economy; particularly drugs.

Of the youth homicides in 2007 the following information is known: −− 52% were gang related; −− 43% of gang related homicide victims were shot; −− 57% of victims of gang related homicides had previous offending history; −− 57% of offenders in gang related homicides also had a previous offending history;

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−− In 50% of recorded cases both the victim and offender of gang related homicides had a previous offending history; −− 33% were clearly linked to the illegal economy; −− 44% related to personal conflicts.

In ‘Safeguarding Children and Young People who May be Affected by Gang Activity’ (2010), the UK government’s multi-agency guidance on safeguarding procedures for professionals, the issue of youth gangs is considered as primarily a safety issue. In this guidance, ‘the role of safeguarding and child protection in relation to gangs (is considered as being) both preventative and responsive – responding to the needs of those young people who are involved in gangs and at risk of harm as well as addressing the risk factors of other young people being drawn into gangs in the future’. In this sense, young people involved in gangs need to be treated as being potentially both victim and perpetrator: they need to have an awareness and sense of responsibility for their actions, but at the same time their safety and welfare need to be acknowledged and protected. According to the charity Victim Support in their publication on the link between violent victimisation and offending in young people: ‘Victims and offenders are often the same people. When adults treat a young person as just a victim or just an offender, they are not taking into account the complex, cyclical nature of the victim-offender link and the factors that influence young people’s lives.’

(Victim Support, 2008) In the Government publication cited above, the main aim is to support and prevent young people who are on the periphery of gangs as well as those who are already actively involved in them.

Evidence of Gangs: Although the nature of a ‘gang’ can differ depending on the area, in the Home Office ‘Tackling Gangs Programme’ (2008), analyses of gang members from Birmingham, Manchester and Liverpool as well as London were carried out which provided vital information on the typical characteristics of people involved in street gangs: a. Predominantly young, with an average age of 20 years. 97% were aged below 30. Ages ranged from 13 – 42; b. Predominantly Black, with 75% being African-Caribbean; c. Predominantly male – 97%; d. Have extensive criminal histories. The sample group of 774 known gang members were responsible for over 7000 known offences. Only 8% had no known criminal history; e. Begin offending early, often in their early teens. The average age of a first conviction was 15 years. By age 18, 82% had been convicted for an offence.

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The ‘Tackling Gangs Programme’ (2008) found that the age of gang members has lowered significantly, to as young as 7-8 years old. The roles of younger members tend to be focused around carrying weapons, drugs or stolen money in order to avoid detection or raising suspicion, although they may also be involved in other types of street crime, such as theft, in their own right. In the UK as a whole, ‘the nature of gangs varies between areas’. Territoriality is one of the main factors behind gang identity. In particular, postcodes or even groups of streets are used to define the name or identity of the gang: ‘Some gangs are based on a particular estate and their ethnic make-up reflects the ethnic make-up of that estate. In some cases, membership appears to be based on religion or people who associate with each other due to a common religion.’

The argument that this is predominantly a “black” problem does not go far enough, and is not, we believe an accurate definition either. In our work with excluded and vulnerable young people, we see it as a problem of the experience of oppression and the lasting effects of this “legacy”. This significant and missing link is the reason why at Pupil Parent Partnership, we are currently running a European funded project entitled “The Legacy of Oppression” which is exploring the lasting effects of historical prejudice (including racism, colonialism, patriarchy and xenophobia) on intercultural dialogue and communication.

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Gang membership also increases the rate of juvenile delinquency as members are more likely to possess weapons than those not involved in a gang. Research has shown that young people in possession of guns, knives or other weapons are themselves more likely to become victims of weapon attacks, thus dispelling the myth of carrying weapons ‘for protection’.

Articles published by the BBC and the Metro London Newspaper (Thursday 23rd July 2009) revealed that a 13 year old girl from Croydon was arrested after police found an assault rifle in her wardrobe during a raid. Police are currently looking into links to a criminal gang in South London. This reinforces evidence from the ‘Tackling Gangs Programme’ indicating the decrease in the average age of gang members. It also supports the idea that girls and family members are often unwittingly implicated in gang activity by being asked to carry or hide drugs or weapons for gang members.

However, when focusing on causes for gang affiliation and attributing them to social deprivation, a gap still remained. The 17 years of experience that Pupil Parent Partnership have had in working with young people and families and the research that has been carried out on attachment ((The importance of a positive significant relationship between child and carer within the first few years of life.) and attunement (the result of a 10 year research project by the Wave Trust, indicating that the lack of a significant relationship between a child and carer in the first two years of life causes an emotional trigger for violence to develop.) theories, influence the way we work and we believe, bridge this gap by making these critical links to violence . That is also why, when we work with volunteer

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mentors and ex-offenders on our project around gangs and knife crime, we teach them about the theories of attachment and attunement and then put all of them in touch with a counselor, so that they can talk through any issues that arise. We believe that this stage of their learning is as critical as the mentor training course.

Knives – The Legal Situation in the UK According to the Department for Children Schools and Families in the UK in “Safeguarding Children and Young People Who May be Affected by Gang Activity (2008): »» It is illegal for any shop to sell a knife of any kind (including cutlery and kitchen knives) to anyone under the age of 18. »» It is generally an offence to carry a knife in public without good reason or lawful authority (for example, a good reason is a chef on the way to work carrying their own knives). »» Knives where the blade folds into the handle, such as a Swiss Army Knife, are not illegal as long as the blade is shorter than three inches (7.62 cm). »» If a knife is used in a threatening way (even a legal knife, such as a Swiss Army Knife), it is regarded as an ‘offensive weapon’ by the law. This is also the case with items such as screwdrivers - once used in a threatening manner they are treated as offensive weapons. It is an offence to carry an offensive weapon in a public place, unless there is a reasonable explanation.

Police ‘Stop and Search’ Powers »» Police officers have the right to search any person they suspect of an offence - including carrying an offensive weapon.

Initiation In London, although initiation rituals are difficult to prove, anecdotal evidence points to sexual violence and street theft being practiced as initiation ceremonies or to gain ‘respect’ within a gang. These are just some of the forms of violence that are used by gangs in order to maintain ‘respect’ or rather provoke fear in others to maintain power and authority.

Link with Substance Misuse According to a recent Youth Justice Board survey of children known to London Youth Offending Teams (2007), many of the young people who were involved in gang activity used illegal drugs and alcohol. Their use of drugs brought them into contact with adults involved in organised crime as suppliers of drugs. The drugs market is often regulated by career criminals through extreme violence or the threat of violence.

Department of Health Recommendations The Department of Health, in the framework of their ‘Assessment of Children in Need

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and their Families’ (2000), created an assessment triangle for children under three headings of: »» Child Development; »» Parental Capacity; »» Family Environment.

In the Guidance Paper ‘Safeguarding Children and Young People Who May be Affected

by Gang Activity,’ (2008) these headings have been used as part of a detailed table of high, medium and low risk factors for children becoming involved with gangs. The three levels range from: a lack of ethnic identity where the child does not have a responsible role model in the parent and a transient family life (low), a child with depression caused by violent discipline in the home and from being a witness to domestic violence (medium), to persistent offending, lax parental supervision due to the wider family having gang involvement (high). The different scenarios presented in the table are designed for professionals to identify the different stages of a child’s need and the contributing factors that can result in gang involvement. This is a useful table that can be adapted according to need, but that is inclusive of the family and home environment in the assessment and should therefore also consider and involve them when it comes to handling the situation whether it is at a preventative or persistent offending stage.

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Within the Department of Health’s framework, the practices also recommend a more holistic approach to assessment of a child’s needs in general and a call for practitioners to ‘take account of diversity in children, understand its origins and pay careful attention to its impact on a child’s development and the interaction with parental responses and wider family and environmental factors’ (Department of Health, 2000, p. 39). Exactly because of the level of diversity in London, these approaches could be more beneficial in the long term if they do take into account environmental and family factors in a young person’s life and look to make changes from all angles to provide a safer and more suitable solution that is befitting of the individual’s needs.

2. The UK Picture – Juvenile Reconviction Rates and Key Recommendations

With regards to re-offending rates for young people convicted as a direct result of gang involvement and subsequent criminal activity, it is not easy to find statistical evidence due to the fact that being a gang member is not itself illegal. Although there are a number of reports on juvenile delinquency, they do not always allude to gang association and as such may not be entirely relevant. However, a report written by Paul Dawson and Lucy Cuppleditch entitled ‘An Impact Assessment of the Prolific and Other Priority Offender Programme’(2007) looked into a range of preventative, restorative and rehabilitation plans.

This assessment uses previous research which indicates that a relatively small number of offenders are responsible for a disproportionate amount of all crime. The Prolific and

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Other Priority Offender (PPO) Programme, implemented from 6th September 2004, prioritises and directs resources to these offenders.

There are three complementary strands to the PPO programme: 1. Prevent and Deter (P&D) - aims to stop young people from engaging in offending behaviours and becoming the prolific offenders of the future.

2. Catch and Convict (C&C) - aims to reduce offending by PPOs through apprehension and conviction, as well as through license enforcement, by ensuring a swift return to the courts for those who continue to offend.

3. Rehabilitate and Resettle (R&R) - aims to rehabilitate PPOs who are in custody or serving sentences in the community through closer working between all relevant agencies and continued post-sentence support.

This approach also forms part of the ‘traffic light’ system (discussed in more detail below) that is currently being developed and implemented by the Youth Offending Service in the London Borough of Ealing in its work with juvenile gangs. The assessment report mentioned above is based upon the Research, Development and Statistics (RDS) national evaluation of the PPO programme. The report addresses the adult strands (C&C and R&R) of the PPO programme. The P&D strand was implemented later than the other strands and fell outside the timescale of the research. Therefore, unfortunately, even this report falls short in its relevance to recidivism and juvenile gangs. Results from this assessment showed that the majority of PPOs interviewed reported either a reduction in their offending or that they had stopped offending altogether since engaging in the scheme.

Jonathon Toy, in his Practitioner’s Review (2008), confirms the view expressed by the Prolific and Other Priority Offender Programme that recidivism is an issue that must be addressed in order to reduce crime in the long-term. By looking at a particular London Borough during 2007-08 which at the time had 1,197 offenders in prison, he found that the recorded crime that they committed is highest in the categories of Theft in General (30%) and Violence Against the person (21%). Once again, ‘the prison data confirms that the offenders, particularly those involved in violent offences, have a previous history of offending’ (p. 23). In 50% of violence against the person, homicide, serious wounding and sexual offending crime types, the offences were committed by an offender with a previous conviction. The majority of offenders fall within the 18-29 category.

What this report also analyses is the growth rate of violent offending behaviour, particularly amongst the 18-29 age group, being caused by personal conflict or ‘disrespect’ issues. Although the drug market still dominates the illegal economy, the rise in violence as a result of territory or retribution based attacks or because of personal conflicts are worrying causal factors that certainly demand attention. Also, any potential response would need to be correspondingly different from where the drug-driven illegal economy was a causal factor. One suggestion is to establish a Priority and Prolific Offender Programme for organisational gang members, with a premium criminal justice process which will encompass the transitional age range of

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15-24. Alongside this, however, there would also need to be preventative and bespoke programmes aimed at the 15-24 age group to tackle the emotional and social issues related to their offending, using the criminal justice process very much as a last resort.

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Jonathon Toy’s key recommendations for tackling the problem of juvenile delinquency are the following: −− Change the current adopted national definition of gangs to focus on two categories alone: Organisational Gangs and Urban Street Groups; −− Increase the focus on intensive support programmes for 18-24 year olds to exit gang lifestyles (n.b.) this should be extended further to include people as young as 10); −− Improve the current multi-agency risk-based assessment processes to ensure that they are both consistent and provide for early identification of offending and emotional assessments as key indicators of future risk of violent behaviour; −− Establish a range of mentoring or advocacy support programmes that can sit alongside intervention projects. The advocates can be targeted to a specific geographical area, school, group or gang, dependent upon the local issues. The advocates can work on three levels: Community based advocates working at a local level to provide 1-2-1 support and links to local intervention programmes, family advocacy support or family intervention but specifically designed for families where siblings are becoming affiliated with gang violence, intensive advocacy support for gang members exiting prison, particularly in the 18- 24 year old age range; −− Develop and deliver an alternative, short term accommodation programme for individuals and families who are threatened with retributive violence. To be funded on a national basis and using a range of housing stock.

(Toy, 2008) Another report entitled ‘Children: Innocent Until Proven Guilty’ was published by the Prison Reform Trust (2009) on the fact that three quarters of children who are ‘wrongly’ placed in custody before they appear in court do not subsequently receive a jail sentence.

The trust quotes the UN Convention on the Rights of the Child (1990), of which the UK government is a signatory, which states child imprisonment should be used ‘only as a measure of last resort and for the shortest appropriate period of time’. It says that in 2007-08, the average population of under-18s in custody at any one time was 2,942 of whom 606 were on remand. This is an increase of 41% from 2000-01, when the average under-18 prison population was 2,807 with 429 on remand. The trust estimates that more than 1,000 children who are found innocent at trial are locked up each year. The report also states that because child custody is paid for by central government, ‘there is a perverse incentive which encourages local authorities not to provide specialist remand accommodation as an alternative to prison’. It calls for the budget for remand

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to be delegated to local authorities, stating that ‘if local councils had to foot the bill for every child in their area who goes to jail they would have a greater incentive to prevent offending and to offer robust alternatives to custody’. This emphasises the need for specialised preventative initiatives to be implemented to forestall juvenile offending. If funding could be allocated at community level specifically for this purpose, it would be a major step towards targeting juvenile offending more effectively, as well as marking a significant departure from the emphasis on retribution inherent in the UK system.

3. Youth Crime Statistics – The UK As mentioned above, there is a lack of reliable statistical information available regarding juvenile gangs, due to the varying definitions of what constitutes a gang, a gang member and gang-related crime, combined with the fact that gangs are not, in themselves, illegal. As such, it is necessary to continue to approach the subject laterally, through a consideration of youth crime statistics and their reporting. With this aim, the influence of the media with its “tough on crime” stance will have to change in light of hard evidence from the correct sources.

From an article published by The Sunday Telegraph (20th January 2008): The number of under-18s convicted or cautioned over violent offences rose from 17,590 to 24,102 - an increase of 37 percent. The evidence of rising youth offending comes amid public concern over youth crime following the murder of Garry Newlove, a father of three who was beaten to death as he stood up to a street gang. Three teenagers were convicted of the crime last week amid revelations that the gang leader and repeat violent offender Adam Swellings, 18 at the time, had been freed on bail only hours before the killing.

Helen Newlove, the victim’s widow, said: ‘For too long, young thugs have got away with a slap on the wrist.’

The youth crime statistics, uncovered by The Sunday Telegraph within Ministry of Justice reports, relate to offenders aged 10 to 17 who were either convicted in court or issued with a police caution. Total offences climbed steadily from 184,474 in 2003 to 222,750 in 2006, the last year for which figures are available - a rise of 21 per cent. But the increase in violent offending was steeper, while robberies rose even more dramatically, up 43 per cent over the three years. By contrast, adult convictions and cautions increased by less than one per cent.

More than half of young offenders were let off with cautions, whereby they admitted their offence but were spared a court appearance and were not punished.

It can also be disclosed that: −− A police officer whose daughter was assaulted by Swellings claims the justice system has ‘lost sight’ of its mission;

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−− Three-quarters of all violent crime suspects are freed on bail while awaiting Crown Court trials; −− Convictions of under-18s for carrying knives and other weapons doubled in a decade, from 1,909 in 1997 to 4,181 in 2006; −− Police chiefs will launch plans this week to tackle young offenders and stop children turning to crime; −− Gordon Brown has signaled a review of bail laws as pressure grows over Swellings and the case of Garry Weddell, a murder suspect also freed on bail who went on to murder again this month before taking his own life.

The Association of Chief Police Officers (ACPO) will publish its youth crime strategy on Thursday with an emphasis on prevention. It will call for truancy officers to be based in police stations, so they can visit the homes of children caught skipping school and causing trouble. It will endorse the stationing of police officers in schools, where they can ‘nip in the bud’ bad behaviour.

The report, ‘It’s Never Too Early, It’s Never Too Late’, will identify 24 ‘risk factors’ such as family breakdown, underachievement at school and drug-abusing parents, which can lead children to crime. It will set out four steps for tackling youth crime - engaging with young people, supporting child victims and witnesses, helping those who may turn to crime, and responding to offences.

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The conviction and caution figures for youth offending cannot provide a precise measure because they include only ‘solved’ crimes. The two ‘headline’ crime rates - offences reported to police and British Crime Survey findings - cannot distinguish between adult and youth offending because most crimes go unsolved.

Only 24 per cent of suspects awaiting Crown Court trials on charges of violence were held in custody at any stage in the proceedings during 2006, Ministry of Justice figures show. Ministers released the figures after a parliamentary question by David Laws, the Liberal Democrat children’s spokesman, who asked how many crimes were committed by young people. He called the answer ‘deeply disturbing’.

A Home Office spokesman said: ‘There is no evidence that the number of violent crimes committed by young people is increasing. The rise in cautions and convictions represents better enforcement and an improved criminal justice response to violent crime.’

This article is quoted at length not only as a useful compendium of the statistics related to youth crime trends in the UK, but also as a fairly typical representation of how the issue of juvenile crime is covered in the UK media, particularly the right-of-centre press. In particular, the article (along with the ACPO Report 2008 mentioned) hints at the ambivalence at the core of much public and government feeling surrounding this issue, perhaps best articulated as ‘rehabilitation / support vs. punishment / retribution’.

On the one hand, the article reflects outrage at juveniles being ‘let off’ with cautions and being granted bail, allowing them to reconvict, while the ACPO report recommends

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police being stationed at Schools, and truancy officers in police stations, in order to ‘nip bad behaviour in the bud’. On the other hand, there is acknowledgement of the significance of factors such as family breakdown, underachievement in school and substance misuse among parents, all of which hints at the need for a more systemic response. The rehabilitation / support model is also reflected in the ACPO aims of: 1. Engaging with young people; 2. Supporting child victims and witnesses; 3. Helping those who may turn to crime; 4. Responding to offences.

It is hard to see strategy (more Police in Schools, clamping down on truancy) relates to the acknowledged causal factors (family breakdown, underachievement, drugs) and the aims listed above. It is perhaps this contradiction that lies at the heart of the past failure to meet the needs of the vulnerable young people at risk of involvement in gang crime and so to deal with the perceived increase in juvenile crime and gangrelated activity. However, as we shall see, there are several more congruent and holistic strategies from which we can gain guidance.

In the pilot scheme compiled by the ACPO in conjunction with the Youth Justice Board, the Department of Health and Department for Education and Employment (the Welsh Assembly), the aim was to reach exactly those ‘hard-to reach’ young people who struggle to find positive pathways toward a more beneficial future. This scheme aims to build on current more ‘fragmented initiatives’ within the community and pull them together to become a more complete and sustainable model for young people. This is a multi-agency initiative created for the community out of the needs of the community.

Role of Ethnicity Jonathon Toy (2008), in his recommendations for preventing gang and weapon violence, looks at the ethnicity of both victims and offenders of violent crime in London in 2007. He notes that: ‘Whilst the highest percentage of victim ethnicity is recorded as white, the offender profile is at its highest amongst the African-Caribbean community. Offenders from Black and Minority Ethnic (BME) groups represent 64% (168) of the total which is twice the proportion of BME groups in London.’

‘Further analysis of the country of origin of the victims and offenders of homicides in 2007 also shows a marked difference. Whilst only 52% of victims were categorised as British born, 65% of offenders were recorded in this category.’

Once again, and certainly in light of these statistics, we feel that it is important to acknowledge the legacies of oppression that prevail and are further perpetuated by a lack of understanding or a limited response that is based on single “offender profiles” and do consider the multi-layered complexities involved.

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In a research project commissioned by Victim Support entitled: ‘Hoodie or Goodie?

(2007) - The link Between Violent Victimisation and Offending in Young People’, it was suggested that there was often a link between victimisation and offending and that being part of a gang was a causal factor that increased the chance of a young person becoming a victim or perpetrator of crime. However, ethnicity, gender and social class were found to have ‘less influence on the relationship between offending and victimization’ (Victim Suport, 2007, p. 5). Age was more of a determinant factor in youth offending than gender or ethnicity according to this research project, with greater reluctance to commit crimes being expressed by young people the older they were.

In 2006, Scotland Yard identified 180 crime gangs speaking 24 different languages, who were responsible for a third of murders in London. This was demonstrative of a shift ‘from family crime gangs modelled on the Krays to international networks rooted in ethnic minorities’ (Leapman, Ben, Sunday Telegraph, 2006).

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According to Peter Walsh, author of ‘Gang War: The Inside Story of the Manchester Gangs (2005)’ and one of the authors of the book ‘Cocky’ about British drug baron Curtis Warren, London - easily the biggest and most cosmopolitan city in the UK - is heavily made up of ‘ethnic crime groups’. In contrast, Glamorgan University who also carried out extensive research on gangs in Scotland found that the majority of gang members were white.

According to Walsh (2005), London specifically has: ‘Multiple layers of gang/organised crime, from international cartels to school-age street urchins. Turks and Kurds, many linked to the notorious Baybasin clan, control heroin importation. They included the Bombers in Hackney (100 members), the Tottenham Boys (70), and the Kurdish Bulldogs (70) in Wood Green. Muslim Boys is the name used by between 50 and 100 members of several gangs around Brixton, Peckham, Lambeth, and Streatham, in south London. Most are in their late teens or early 20s and belong to the Stockwell Crew, the South Man Syndicate and Poverty Driven Children (PDC). At least 20 hardcore members are in jail. The Peckham Boys are primarily active in Peckham, Walworth and Camberwell, and in cross-border disputes. Members are predominately black males involved in robbery, house burglary, drugs and disorder. Older members often move into more serious crimes. Their offshoot, the Young Peckham Boys, was blamed for the death of 10-year-old Damilola Taylor. The Lock City Crew tends to be foreign born, either African or Jamaican, while their rival Much Love Crew are local to North London. White gangs include the tough Canning Town and Stratford firms in the East End, and the notorious A-Team from North London. Rival Sri Lankan gangs have recently waged a vicious war in the Wembley area, while the Southall Sikhs (formerly the Holy Smokes and Tooti Nung) are active in the heroin trade.’

This and other research indicates that although London is indeed a multicultural city, it is also highly segregated. In 2006, a report carried out by Shiv Malik of Bristol University in Tower Hamlets found that ‘40% of Bangladeshi children went to schools where at

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least 90% of the pupils were Bangladeshi, while 60% of whites attended overwhelmingly white schools’. Also, according to figures from 2006, in the London Borough of Brent ‘there is an 85% chance that any two people chosen at random will belong to different ethnic groups’.

Although feuds and conflicts will inevitably arise, more needs to be done in communities to prevent this segregation and embrace multiculturalism and assimilation. Young people need to be supported to have a sense of their own identity but at the same time be able to relate comfortably to their community and society at large. The subject of identity, particularly the assimilation of multiple identities, and sense of belonging recurs frequently and seems to be of paramount importance in young people becoming involved in gangs in London, indicating the necessity of community level work around identity exploration. Our experience of working with young people has show that this work leads to a greater understanding of the self as well as of oneself in relation to others, with the aim that the young people will come to see the broad range of choices that are available to them, and the potential for more positive choices and futures that they possess.

4. Why do Young People Join Gangs?

‘Young people who are victimised by gang violence will often join gangs in order to protect themselves, and fear and victimisation can play a significant role in a young person’s decision to carry a knife or gun. Young victims of violence are three to five times more likely to have offended than other young people.’ (Dando, J, 2005) The reasons behind the formation of youth groups are often linked to fear and the need to control. Professionals working with young people involved in gangs need to consider that they may have been victims of violence themselves and have joined out of fear and for protection. As mentioned above, the need for ‘protection’ sees many young males unwittingly joining juvenile gangs. According to Toy (2008, p.14), once in these gangs, they can feel that they are somehow in control of their lives and are motivated by issues such as: −− Territory: For young people the issue of territory, defending the ‘endz’ is a key feature. 9 of the 14 ‘gang’ related homicides in London in 2007 related to issues around territory, or gang space. The current issues affecting some schools relate to perceived territory based conflict from neighbouring estates or neighbouring boroughs. −− Retribution: Case analysis indicates that for young people retribution is related to territory (infringing on a gang’s space), ethnicity or country of origin. It can also relate to other more basic issues such as girlfriends - the role that young women play is a key factor in understanding the current dynamics in serious violence. −− Assertion: Recent research highlights that organised criminal networks

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or ‘organisational gangs’ use serious violence over street groups/gangs as a way of controlling their territory ensuring those groups observe their boundaries. This includes controlling the drug market territories and demonstrating supremacy and control over this lucrative market and its connected illegal economy.

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During an interview we conducted with Paula Wilkinson, a Youth Inclusion and Support Panel Coordinator based in London who specialises in gang culture, she spoke about the importance of ‘breaking the wall of silence’ and treating each case as an individual one. She considers 14 to be a crucial age for boys in particular in relation to knives, guns and involvement in criminal street gangs. In practical terms, the factors most commonly associated with criminal street gangs appear to be: poverty, poor diet and lack of opportunities for earning. Young teenage boys feel disillusioned with the limitations they face and as such are attracted to the ‘fast money’ career potential offered to them on the streets. Added to this is the effect that poor nutrition can have on attention span and general well-being. With regards to knife crime, statistics have shown that perpetrators of more than one offence using a bladed weapon have generally been victims of knife crime themselves four or more times previous to carrying a weapon. The fact of them carrying a weapon as a form of ‘self-defence’ after being a victim of ‘knife crime’ themselves could be symptomatic of Post-Traumatic Stress Disorder. What you would then find is a highly stressed young boy who is always looking over his shoulder, ready to attack. Safeguarding then is vital in order to make any viable progress. Organisations that work with young people in these situations (third sector organisations in the majority of cases) need support at a national level so as to offer viable services and choices that are personalised and as such offer realistic alternatives for these young people that think of crime as their ‘only’ choice. In this way, young people can feel that they are part of the decision making process and more empowered to make lasting changes.

A study conducted by James Gilligan (2003) entitled “Shame, Guilt and Violence”, explores the “causes and prevention of the various forms of violence and the relationships between these forms and…the varieties of moral experience.” By this, he means the violent behaviour that can result from persistent shame and humiliation in individuals who do not have sufficient capacity to cope with this degree of insult or injury. Whereas most of us, when shamed or humiliated by others have enough “sources of self-esteem some degree of knowledge or skills or achievements, some standing in the community or esteem in the eyes of our friends, family, or colleagues, or just material status symbols that our selves and our self-esteem are not wiped out even by a severe humiliation”, the violent prisoners that Gilligan refers to in his article “lacked all of these barriers against violence”.

The reasons behind this incapacity to deal with any kind of shame are attributed to a number of preconditions including patriarchal culture (socialising in a male gender role) but also developmentally, in terms of their experiences as children with a primary carer and whether they were able to identify with them sufficiently to be able to project an image of love and admiration mirrored from their parent onto themselves. If they are able to transfer this image and identify with a parent in a positive way, they equip themselves

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with the necessary tools to deal with their own frustrations and any humiliation that they may suffer in ways other than through violence.

5. Girls and Gangs Girls who are gang members or affiliated with gangs are much more at risk of being targeted for sexual exploitation. Girls associated with male dominated gangs tend to take on a more subservient role and are used to carry or ‘stash’ weapons and drugs for the male members. In some cases, girls can find themselves on the receiving end of sexual violence from their boyfriends or other gang members and are often reluctant to report this violence for fear of further reprisals or because they are given drugs in exchange.

‘Some senior gang members pass their girlfriends around to lower ranking members or to the whole gang at the same time.’ (DCSF, 2008, p.13) Rape by gang members can be used as an act of retaliation against a rival gang (by targeting their girlfriends) or even as an initiation rite for the ‘youngers’ to become full-fledged members.

‘One of my Year 10 students was recently gang-raped by some gang members. I talked to her and her mother. They are obviously frightened and the mother insists that it was consensual. The girl won’t come to counselling because she is afraid of being seen to talk to anyone in authority about it.’ (Pitts, J. 2007, p.40) A recent report published by the BBC (July 2010) spoke about how ‘young women are being exploited and subjected to sexual violence as a result of gang reprisals’. The organisation ‘Race on the Agenda’ conducted interviews with more than 350 young women who were all associated with gangs in London who spoke of rape being used as a punishment for girl gang members. This raises the debate around what services are in place to support girls as gang members rather than as victims of gang, gun and knife crime. Issues of confidence and self-esteem are raised in the same way as with young men and the fact of them turning to a gang to find this, out of a belief that there is no other choice available to them.

As aforementioned with regards to teenage boys on the peripheries of gang membership, safeguarding principles also need to be a priority for female members of the family associated with a gang or younger siblings who may be a target or at greater risk of exploitation.

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6. Juvenile Gangs – Current Situation in 4 Partner Countries As part of the European Dimension Project, partners in France, Italy, Poland and Spain were asked to contribute to brief overviews of the context of juvenile gangs in their respective countries leading to a comparison of the common themes that arose on the subject:

France Definition: According to several French experts (Including: F. Dubet, H. Vieillard-Baron, G. Lapassade and M. Fize), a ‘gang’ is a type of social organisational structure. In terms of a ‘juvenile gang’ specifically, this would mean the organisation of young people along the lines of common identity. This organised structure participates in criminal activities in the area of urban violence. Gangs exist not only in specific urban areas, but also in prisons.

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A gang should be seen as a predominantly social, rather than delinquent entity – the sharing by several young people of similar values and identities. It is primarily a ‘social club’ and only secondarily for criminal and delinquent activities. It is at this point that gangs of young people become problematic – when the activity of members becomes illegal and the gang provides a structure and forum for criminal and antisocial activities.

Characteristics: Contemporary France became acquainted with this last type of gang in the 1980’s, at the time of the first riots involving the destruction of vehicles and confrontations with Police. From this point onwards, gangs developed in the affected districts. Such districts where gangs emerged were determined by the presence of large areas of urban poverty and deprivation and the high level of unemployment and poor-quality housing, all of which acted in a highly detrimental way on the living conditions and everyday lives of inhabitants of these areas.

Since this time, France has faced a steady increase in the number of urban gangs, although the actual size of individual gangs remains relatively small. In particular, researchers note, it appears to be a core of hard-line gang members that are responsible for the majority of the violence and confrontations with the Police, possessing as they do strong anti-social and criminal tendencies.

General Trends: −− Increase in importance of numerous territorial gangs; −− Increasing resort to ‘irrational’ violence, intended as a rebuttal of institutional actors and authorities, including seeking opportunities for Police confrontation;

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−− Increasingly strong ethnic element to gang membership and activities; −− Increasingly characterized by a typical organizational structure based around concentric circles. Within each circle, every actor occupies a well determined function, depending on age (the youngest will serve as lookout for example) or merit; −− Increasingly manage criminal activities locally, without expansionism and idea of ‘conquest’.

Responses: The solution oscillates between repression and prevention, whilst maintaining a strong emphasis on ‘justice’. Several government programmes based integrated policies exist to combat problems associated with organised crime. According to L. Bonelli from the University of Paris X Nanterre, over the last 30 years the ideals of re-education of juvenile offenders and the rehabilitation and the reintegration of delinquents which prevailed before have become diluted, due to increased pressure on the government to tackle the situation, leading to several punitive speeches.

Over recent years, the fight against ‘urban violence’ in France has taken several forms: −− The intensification of police presence in the most affected areas; −− Attempts at positive discrimination policies in favour of disadvantaged and impoverished neighbourhoods; −− Intensified urban renewal - In 2003 the total effort of France in favour of urban affairs and urban social redevelopment represented only €5.7 billion, 0.36 % of Gross Domestic Product. In comparison, Germany annually dedicated 3.5 % of its GDP to reunification and urban renewal.

Juvenile delinquency rates have increased by over 40% since 1954 and have become an increasing concern to the government which has responded by becoming more and more involved in prevention activities, leading to the creation of a specialist Youth Ministry. While the increase in juvenile delinquency is significant, the rise in gang-related crime appears to have increased less drastically - by around 10% in the same period.

Case Studies: Crime among young people from the ‘lower classes’ in France can be separated into two successive configurations since the end of 1950s. The first, associated with the media stereotypes of the ‘black jackets’ and the ‘hooligans’, corresponds to the period extending from the end of 1950s to the end of 1970s. The second, associated with the media figure of the ‘suburban youth’, appears at the beginning of the 1980s and continues until today. We present here two case studies, one from each period:

1) ‘Les Blousons Noirs’: the First Modern Gang in France

The rural exodus of the 1950s obliged the State to undertake a large-scale construction programme. As a result, suburbs were born and teenagers started to meet together

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spontaneously. Money was rare, poverty rife, and a spirit of solidarity based on a shared predicament was born between these marginalised, socially excluded young people living in the same areas with little hope for the future. Dressed in black jackets, these young people shared the same purposes: to exist, to assert their personality and to refuse to capitulate.

From 1959, the media generated the figure of the ‘Blousons Noirs’ to indicate these young delinquents. The press evoked gangs of hundreds of young people. Following a confrontation between rival groups, journalists spoke frequently about the crimes of these young people and the dangers of the phenomenon. From this moment on, the term ‘Black Jackets’ became associated in itself with young people committing delinquent acts. The young people were quickly identified with, and gave names to, their various groupings.

Therefore, as in many other countries, the French media and public gained a stereotypical image of its ‘dangerous youth’. This phenomenon is indeed international, with many countries coining specific terms to describe its gangs of young people: ‘Vitelloni’ in Italian, ‘Hoodies’ in English, ‘Taio-Zoku’ in Japanese, or ‘Skunna Folk’ in Swedish. The media portrayed ‘crisis of the youth’ then becomes associated with this image, until the image (and the criminality implicit in it) bore little or no relationship to reality. However, due to this association, pathways out of juvenile gangs and crime and into employment and integration became increasingly closed off.

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2) The Situation in the Suburbs of Lyon and the Problem of the French Suburbs

In Vénissieux, a region of 57,000 inhabitants in the suburbs of Lyons, around 20,000 people live in the deprived district of Minguettes. It is in Minguettes that the first cases of major urban violence in France broke out in 1981. These events, followed by a period of violence in another suburb of Lyon in 1990 and by the other confrontations over the last three years, contributed to the mediatisation and stigmatisation of the said French districts and the groups of young people which live there. However, the current legal case against 27 members (including 9 girls) from 16 to 32 years old of the ‘Gang of the Barbarians’ from a deprived district of Bagneux (Hauts-de-Seine) for the kidnapping and murder of a young French girl in 2006 illustrates the importance of the problem and the involvement of minors in this type of organization.

The phenomena of organised crime and more specifically juvenile gangs involve different elements including drug abuse and distribution, prostitution, alcohol and violence, involving both foreign and local minors.

Italy Introduction: According to the Italian definition, juvenile gangs are criminal organizations/groups organized on an ethnic basis that undertake: extortion, drug dealing, prostitution, theft, etc.

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Characteristics: These gangs are untouchable in their own territory, with modern weapons, radical individuals who attempt to reaffirm their identity through ‘fights and combats’. This is a situation that goes beyond a pure criminal phenomenon and that becomes, first of all, cultural/group affiliation; the gangs are characterized through language, customs, attitudes and codes. The gang becomes the family, social achievement, possibility to be an important person and to have an identity; the neighbourhood is something to defend. Much government effort and money is spent on sophisticated strategies to control and contain gang crime, with allocated funds exceeding those spent on rehabilitation and social care.

Entering and leaving Gangs: Case Study Example from Pandillas: First of all, it is important to stress that nobody is obliged to be part of youth gangs - it’s a free decision; to join a gang there is ‘trial of admission’ that may include: stealing, assaulting someone armed with a knife, raping a girl, hurting someone or beating someone. Inside gangs there is a hierarchy of power: in the various barrios (neighbourhoods) there are smaller groups, with children just having entered usually stealing and assaulting with knives. In addition to stealing they often consume and sell drugs, especially marijuana and coca. Only after 14 years and after many ‘tests’, these ‘juniors’ can move forward with the type of weapon (a gun is given). The boss of the group is called the ‘Crown’, who may be a three-, four- or five- pointed crown. This means that a child, after his/her entry into the pandilla, can advance a level but nobody obliges him/her. To advance a level he/she has to undertake criminal acts – once the decision of the boss is taken, it is not possible to back-out. A three-pointed crown usually has already raped several girls and has already killed some of the rival gang or someone who wanted to leave the pandilla. To be five-pointed crown usually requires the murder of a family member - if the member changes his mind after the order he’ll be killed. For this reason, the major focus of the work on combating gang culture must be preventative, as exit strategies are fraught with danger. We can speak to the children and their parents so they know what awaits them when actually entering and being part of a gang.

How Gangs are Different from other Forms of Delinquency: The gang is different from other youth groups because it is led by a leader with a defined internal hierarchy; the gang controls a territory generally coinciding with the neighbourhood where the gang has its origins. The gang is stable over time and is frequently involved in delinquent behaviour and bloody clashes with rival gangs.

Inside the gang exists a very sensitive membership and between the members there is strong internal cohesion. There are precise rules that everyone should respect and those who break these rules will be severely punished. Each gang also differs from the others through the adoption of a name, common identification symbols, a common language and ways of dressing.

Until recently, the phenomenon of criminal youth gangs belonged mainly to the American context, particularly in the slums - the most poor and deprived areas of the great American cities. Such gangs had their origins in the 19th Century. Contemporary

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gangs are more violent and more involved in criminal activities – an escalation seemingly related to increasing involvement in drug trafficking and the carrying of firearms by gang members. These contemporary gangs are feared throughout America, although the vast majority of acts of violence are directed towards other gangs.

The problem of juvenile gangs has existed in Italy since the 1950’s, although in a more moderate form than in America and many other European countries. In contemporary Italy, delinquent behaviour is now particularly widespread among young people: in 1995, according to data from the Youth Observatory in Turin, 68.2% of criminal acts undertaken by children and young people were committed by groups.

These crimes carried out by groups of juveniles were mainly theft and vandalism, while those made by young people in association with adults were often much more serious, such as robbery and drug trafficking. If we analyze the characteristics of these youth groups we find that, in reality, there are very few gangs in Italy. In fact, these groups are devoid of many of the defining criteria of a gang such as a hierarchical structure, rules of conduct, good cohesion between the members and the control of the territory. Thus, while amongst young people there is a high frequency of delinquent behaviour, it is not correct to speak about real juvenile gangs on the model of the United States.

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However media act to transform and modify this reality, and thus distort the picture - a clash between boys becomes ‘Baby Gang in Action in Milan’, therefore a symptom of social degeneration and lack of ideals among young people. This being said, there are very real cases such as in Genoa where a gang of juveniles aged 12-17 carried Molotov cocktails on their motorbikes to attack restaurants and Gypsy Caravans, with the eventual intention of massacring a Roma part of the city.

The Reality and the Role of the Media: Throughout many Italian cities there is a real increase (although magnified by media attention) in juvenile crime, particularly theft, vandalism and assaults, leading to criminal proceedings. The effect on Civil Society, subjected to daily ‘emotional gymnastics’, is the development of feelings such as: fear, uncertainty, exaggeration and irrationality. This leads to the perception of violent criminal juvenile gangs.

In recent years, juvenile gangs (known in Italy as ‘gangs of thugs’) are increasingly attracting the attention of public opinion, especially in relation to petty crime and drug dealing. Until relatively recently, this situation had been the object of study almost exclusively on the part of sociologists interested in the mechanisms of social pressure groups. Since the mid-eighties, however, youth gangs have taken on more and more economic connotations as a result of the increasing availability of drugs sold on street corners and therefore particularly easy to sell. The organization and activities of these youth gangs are entering the number of social phenomena which economists have begun to analyze as real businesses.

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Good Practice Examples: The Pandilla of the ‘Latin Kings’, a group of boys coming mostly from South America that received a high level of media coverage for gang-related crime, has now been constituted in the statutes of Genoa as a ‘cultural association’. The Italian ‘branch’ of the Latin Kings originated from the many workers from Latin America working in the city who formed a group to assist and support each other, but primarily to ‘impose’ strict order and traditions. In 2005, a bloody conflict with Netas, a rival gang, led to the media describing the division of Genoa between different gangs.

Today, the Latin Kings number around 100 mostly aged 18-22, with a third of them being girls and consisting of not only Latin Americans, but also Italians, Romanians and Cubans.

‘Now we are very proud of the work we have done and we still have a lot to do. We have dirtied our lives, we must therefore cleanse them…it is as if we were born here so we want to contribute to the cultural life of this city’ (A Juvenile involved in the Latin Kings) Activities to facilitate the transition from ‘juvenile gang’ to ‘cultural association’ include the publication of a CD, produced with young people from ‘Netas’ and ‘Masters’. This project brings together the association, along with a University (Science of Education), educational services and social centres where every Sunday there are the joint meals between the two gangs.

Due to the work of the Centre Medì, the municipal assessor and the Faculty of Education, six months of dialogue and mediation between the ‘Latin Kings’ and ‘Netas’ has ‘opened the possibility; of a historic peace agreement between the two rival gangs.

This mediation process followed three years of unsuccessful police work to stop the violence.

Poland Definition: A Gang: a criminal group operating on a defined territory. A gang can have a leader or a group of leaders. Most have their own colours or identity marks (e.g. a shaved head).

They tend to specialize in a given criminal activity. The age of gang members is various and they can be as young as 9.

Models of Organized Crime: −− Narrow – Mafia, a group with a hierarchical structure operating continuously and having widespread connections with the political and business world; −− Broad – a group of any kind of structure, operating even for just a short period, not necessarily having any kind of connections.

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Types of Groups: Band – its members individually or as a group violate the law on a regular basis. They have ‘moral’ support from the band in these actions, which can include the following: −− Crimes (actions against property) −− Conflicts (violence) −− Drugs −− Hooliganism (demolishing or destroying) −− Theft Gang – operates continuously and has a hierarchical structure that can be very complex.

Reasons for Joining Gangs: ‘Now the gang is my family...’ - this is often the main reason why young people join gangs: the need for a family! If they cannot find one at home, they start looking elsewhere: maybe among friends, religious cults or gangs. This also indicates the best way to combat gangs: children must be given love and a proper upbringing so that they do not need to look for this in other environments.

One of the main ‘strengths’ of the ‘gang’ is that members below the age of 16 are responsible for the majority of shop lifting, vandalism etc. – the Police are unable to act.

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Wanting to ‘be somebody’ – status. Being a part of a dangerous, criminal group, such as a gang, arouses fear in the eyes of others and it is this fear that makes gang members feel strong and respected. It gives them a false sense of being someone important, of being somebody.

Characteristics of Polish Gangs: −− Over 100 juvenile criminal groups operate in Poland today; −− They break into homes and institutions; −− They steal cosmetics, clothes, computer equipment or consumer electronics in Germany; −− They have their own fences; −− They are drug dealers and some even have cannabis plantations; −− They extort so-called protection money in schools or housing estates; −− Juvenile criminals also work for gangs of grown-up criminals, including the most dangerous groups from Pomorze, Pruszków, Wołomin, Katowice or Jelenia Góra; −− Usually they only have knives, knuckle-dusters or baseball bats on them, but some use firearms as well; −− They know how to torture peers and adults - Sometimes they kill; −− The youngest are 9 or 10 years of age; −− The leaders are usually 15 years old; −− More recently, girls have become involved, including as leaders; −− Sometimes they operate in family gangs and are often the sole breadwinners for their pathological families;

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−− Many already have extensive criminal records; −− Since 1992 the number of extortions and robberies committed by minors has risen by 400; −− Over the last few years, Poland has increasingly been forced to confront organized juvenile delinquency; −− The police estimate that over 100 juvenile criminal gangs exist and operate in Poland and fighting them is made almost impossible because of Polish law; −− Current regulations actually encourage the underworld to use children, thus contributing to the rise in organized juvenile delinquency; −− Juvenile delinquents act with impunity – there are no effective legal measures to fight pathological behaviours among children and teenagers. −− There is a lack of specialist facilities, with no room in borstals or reformatories.

Recommendations: Changes in legislation are needed so that minors no longer feel ‘free’ to act with impunity below the age of 16. Current legal solutions are being taken advantage of by grown-up criminals and the most dangerous gangs in Poland. In their hands, disaffected and excluded children become criminals.

Juvenile delinquency is largely concentrated in large agglomerations (80 proc.). Gang members are usually victims of poverty. According to research conducted by the Institute of Sociology at Łódź University, there is a growing number of ‘children of the streets’ – forming the recruitment grounds for criminal gangs. Not more than 2 years ago, 1 child in 20 was raised ‘by the streets’, whereas today this is 1 in every 14 children (a total of around 400 000). A huge percentage of this group turn to crime. They are often taken advantage of by gangs involved in drug dealing and other crimes However, on occasion children from so-called ‘healthy families’ can also become gang members. Crimes and offences are committed by children who lacked proper care and upbringing - the same for those from pathological as healthy families. Often children from oppressive families where they face constant pressure for academic achievement and their future career turn to the street looking for freedom.

Information and Research by: National Committee for Education and Re-socialisation ‘Family Businesses’: Children and adult delinquents can form family gangs in the ‘work’ of which father, mother, uncles etc. also participate. The role of the youngest members is very important.

In many situations, adult gang members act as look outs, while children, due to their virtual immunity from prosecution and smaller size, undertake most of the burglaries.

Minors also participate in other gang-related tasks such as: observation of houses for potential robberies, participation in the selling of stolen goods and observation of rival gangs. Minors are always ‘innocents - they know nothing’.

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Gangs usually use children for drug distribution and car burglary. ‘Cooperation’ with minors is very attractive, due to the few legal consequences for juveniles - in practice mostly symbolic sentences. At the same time, these children are attracted by the gang lifestyle where the money is big, easy and quick.

Spain Definition: Juvenile gangs are mostly urban groups which are formed spontaneously and which defend their identity through confrontation. They have a well defined hierarchical chain, marked from the beginning by the leadership which gives cohesion (together with internal rites) to its pyramidal structure, allowing internal ‘promotion’ of members.

(Oliver, F.X.M. 2006) Gangs offer an attractive socialising space, often filling the void left by families, schools and other spaces which traditionally played this role, and represent children’s spontaneous effort to create an urban space and sense of belonging, where one is missing in a society adapted to their needs and where they can exercise their rights which were violated by the family, the State and the community. (Garrido, C.I. 2007)

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These gangs, coming from extreme poverty, exclusion and lack of opportunities, look for the satisfaction of their rights by organising themselves without any supervision and by developing their own rules, as well as by consolidating a territory and a symbols or markers that gives a meaning to their group membership. This search to exercise their citizenship violates, in many cases, their own rights and those of others, creating violence and crime within a circle which perpetuates the exclusion from which they come. Therefore, they cannot go back and change the original situation. Seeing it is a predominantly masculine phenomenon, female gang members suffer from the gender gaps and the inequities of the dominant culture more intensely.

How Gangs are Different from other Groups: Between a youth gang and other child and adolescent groups there are different ways of forming the group but based on the same original, gregarious and natural mechanism which makes them look for identification, satisfaction of their needs and protection. A gang is different from other adolescent relationship models due to the fact that their internal, clearly established, rules are firm and drastic and breaking those rules could imply sanctions and even death.

When a youth group is created that begins to look more and more like a gang – with increasing illegal activities and rivalries with other groups – the group identity as ‘different from the rest’ is consolidated and opposed to the culture of other young people who do not belong to a gang.

Gangs thrive on conflict which might be with authorities or the community but is mostly with other gangs. The experience of helping each other strengthens the internal cohesion

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of the group, developing an emotionally charged network as a central element in a gang’s life. What characterises gangs as an opposition culture makes their members grow apart from the institutions in society and the state, such as schools and the police and distinguishes a gang from many other youth groups. (Rosenblatt, J. 2007) The Situation in Spain: In 2005, Spain’s State Security Secretariat’s ‘Police Action Plan Against Organised and Violent Groups’, identified the existence of cohesive discipline structures within gangs made up of 12-32 year olds. The main characteristics of juvenile gangs in Spain were also defined by their violent behaviour and heightened social tension. Gangs in Spain are also identifiable by their more or less defined political ideology (far left and/or far right) and those who are not characterised by a particular political following (e.g. Latin American gangs).

According to the European Sourcebook of Crime and Criminal Justice Statistics 2006, (p. 140) new legislation on juvenile offenders came into force in Spain in 2000. Since then, minors have not been included in correctional statistics. However, the National Strategic Plan for Citizenship and Integration 2007-10 includes an objective aimed at promoting social intervention for immigrant children and adolescents in situations of vulnerability, including unaccompanied minors, juvenile gangs and at-risk immigrant minors. Nonetheless, the drastic increase in the number of immigrant children in the past 10 years has posed an important social challenge, particularly to the educational system, and requires special measures to ensure their full integration into society and avoid discrimination that could become costly in the long term.

In 2007, 17% of all minors in custody in Madrid were affiliated with a violent juvenile gang. Also, more and more young people in Spain are affiliated with Latin American gangs or youth associations such as the Latin Kings, Ñetas and the Black Panthers, groups which were hitherto made up mainly of young people from Ecuador and the Dominican Republic. Aside from Spaniards, the group also has members from Morocco, which is evidence of the fact that for many young immigrants entering a new country, joining a juvenile gang can be a very attractive option as it provides a strong sense of identity and belonging The Ñetas were formed in the 1970s in Puerto Rican prisons in order to combat the intense racism that they faced as well as to provide support to their families. The Latin Kings on the other hand were formed in Chicago and in Spain in the 1940s by young Ecuadorian immigrants. They are identifiable by the colours worn: black and yellow for the Latin Kings; red, blue and white for the Ñetas.

The Autonomous Government in Catalonia legalised the Latin Kings in 2006 and changed their name to ‘The Cultural Association of Latin Kings and Queen of Catalonia’. As a result, the organisation was able to enjoy all the benefits of a certified association including state aid and financial grants, one of the main determining factors for them agreeing to this.

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The ‘Ñeta Association in Favour of the Rights of the Prisoner’ (Ñetas) following the example set by the Latin Kings, currently undertakes a mixture of sports and social activities. This sets them apart from the Latin Kings as they are formed for cultural reasons rather than social ones.

However, in spite of these progressive and largely effective methods of re-directing juvenile gangs in Spain, according to a 2007 news bulletin: ‘Nearly 3,500 parents have reported their children for aggressive behaviour this year’ (After: S.E. Madrid - August 1st 2007 - Spain’s Daily News Bulletin). This statement would appear to be in contrast with the general view of Spain as a “Welfare-orientated” country with parents seemingly vying for more punitive action to deal with juvenile delinquency.

Biography of editor: Carlos Igual Garrido is a Psychologist, at present he works as a Lieutenant of The Crimes Against Children and Women Investigation Unit of the Spanish Guardia Civil, Criminal Analyst of Juvenile Delinquency and Gangs and Professor in the Master of Criminal Psychology of Universidad Autónoma de Madrid.

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When attempting to present the situation of juvenile gangs from the perspective of France, Italy, Poland, Spain and the UK, the most significant commonalities between the countries were the reasons behind why young people decide to join a gang. Rapid urban growth resulting in the formation of slums due to deprivation, poor housing and poverty sees large numbers of young people coming together spontaneously. In these types of situations, young people may feel a need to belong and be part of a family (particularly when a stable family unit may be lacking) and are able to fulfill these needs within a social gang. Whilst this does not de facto lead to criminal activity, research from all partner countries does seem to point to the fact that this tends to be a consequence, often as a result of initiation activities or a young person’s own desire for status or “respect” within the gang.

In France, the general trends arising from this type of behaviour include an increase in the number of territorial gangs forming as well as displays of “irrational” and anti-authority violence. These results could in themselves point to growing frustration amongst young people as a result of the large numbers of impoverished and disadvantaged neighbourhoods that exist in all countries. In Italy however, the reality of the problem is possibly not as great or as serious as the media portrays as there are actually not that many gangs in existence throughout the country. Although there may have been an increase in juvenile delinquency in the form of theft and vandalism, it is not necessarily linked to gang activity, and particularly not on the same level when compared to a country like the United States. In Poland, the gains that gangs are making in terms of criminal activities are largely due to the criminal age of responsibility being 16 years of

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age. Young people under the age of 16 are recruited under the guise of gaining status and being part of a family and then used as runners for drugs or theft and vandalism exactly because they can act with impunity. In Poland, it seems to be a more recent issue than in the other partner countries with more of a history of social unrest leading to juvenile delinquency. The research conducted by Spain explores the realities of gangs created out of social exclusion and a desire to act out against authority. With this as a premise to create their own citizenship, it relies on strict rules of hierarchy and command to operate and which in turn, end up violating many of their own and others’ rights and so result in a greater and more acute exclusion. Subsequently, any breaking of these strict rules come with severe consequences, all of which are completely outside of the remit of the law.

In the UK, territorial gangs also exist as young people come together with the need to stand out and establish their group with territorial markers and other symbols including colours and items of clothing. However, the increasingly strong ethnic element that the four partner countries present is not such an influential factor for the formation of gangs in London in particular, where membership is defined by urban poverty rather than ethnicity. In contrast with Poland, where children are used by criminal gangs to avoid punishment, as the age of criminal responsibility in the UK is currently 10 years of age, young people cannot act with such impunity, although children this age do still join juvenile gangs for the same reasons as older members will still believe that courts will look more favourably on younger members, as well as presenting this possibility as an opportunity to earn their “stripes”. All partner countries have also seen an increase in the number of girls joining gangs, initially through association with brothers and boyfriends, although increasingly as fully-fledged members themselves. However, as is noted by Spain in their research, gangs do not offer girls the right to gender equality that is available to women in European mainstream society, and so when they join predominantly male gangs, their safety is always at risk and they are more vulnerable within an emotional charged and highly dangerous society.

Public reaction to juvenile gangs also appears to correlate in all partner countries, whether they are more “justice” or “welfare” orientated in their approach. This reaction can be linked to the media and their negative portrayal of young people forming gangs of “hoodies” or “hooligans” and wreaking havoc. A scaremongering of sorts begins which sees people blanketly supporting more punitive action out of fear.

Recommendations were thus made by all countries to try and change media portrayals of young people and for the focus rather to be on good news stories, rehabilitation and community awareness. If action is going to be preventative, then it is important to understand the reasons why and address them accordingly so that juvenile social groups do not grow to become criminal gangs and exclude themselves even further from mainstream society.

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A recent report released by London Councils in conjunction with London Metropolitan University (2011), looks into the issue of gangs and street groups in London and identifies a number if approaches that are essential in addressing gangs holistically −− Early intervention: Often interventions are focused on dealing with gang members either after they have already joined a gang or at the point when they wish to exit. More needs to be done to engage with young people who are at risk of joining gangs. Early intervention is also required in identifying areas that may become rife with gang activity. −− Individualised service: Interventions should not be a “one size fits all” option, as not everyone will respond to this, but should try to respond to specific individual needs (for example, family breakdown and mental health issues). −− Community power (Big Society ethos): Currently not enough is being done to harness the power of the community to help in fighting gangs in their communities. There is a need to better harness the power of the community to also address specific issues such as the disproportionate representation of black boys in gangs. −− Approach to weapons: There is a need to better adapt gang interventions, from focusing on the weapon to focusing on the person. −− Enforcement: For many gang members, prison sentences and serving time have become a badge of honour rather than a deterrent from gang activities and often does not rehabilitate offenders; exploring other options is therefore important. −− Gangs and women: More adequate interventions targeted specifically at assisting women linked to gangs need to be developed and officers need to be more aware of how best to work with such women and girls. −− Sustainability and focus of funding: Funding is a key problem in the delivery of many interventions. Firstly there is a need to make the funding to the sector more sustainable over a longer term, so that the benefits can be maximised. Secondly, the funding is often targeted towards a restricted age group of 14-18. In reality, gang members can be as young as 10, or in their early 20s.

The common objective underpinning these responses is to offer viable and realistic alternatives to young people who join gangs because they believe that they have no other choice or nothing to lose. These are young people who live under constant stress and fear because of where they live or who they are and cannot imagine that this situation could ever change. Whilst some of these initiatives have been criticized for potentially high levels of risk, young people report being better able to relate to practitioners in these contexts, as their daily lives are governed by risk and the willingness to take risks in order to engage is something they can understand and respect.

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As part of this project we organised a consultation with the volunteer mentors and our project partners. We spoke about the huge pressures that young people feel to amass material possessions. Therefore, in some cases, if your parents are not able to buy you the expensive trainers that you want or your friends have, when you step out of your house there might be others that can offer you just this. Peer pressure is another causal factor for young people joining gangs; a desperate need to belong. The flipside of this is that young people are ambitious and at the right stage for their enthusiasm to be nurtured to more positive outcomes. Another influential factor for young people is the media and the role models promoting gangster lifestyles of money, power and violence that they aspire to. It is this violence that becomes an everyday part of their lives through the media and sees girls looking to be with a more interesting “bad boy”, and some boys even claiming that they would like to go to prison so that they can earn their “stripes” on the street on release. The partners also discussed the link between being a victim and perpetrator, especially in relation to juvenile gangs. In the UK, mediation is a big part of government policy as a support mechanism for victims of violence. The reality of this however, as emphasised by the mentors is that the victims tend to decline this service out of fear of future reprisals.

Two of our mentors also attended a consultation at the Houses of Parliament in relation to the Home Office project. In this consultation we discussed the advantages of mentoring schemes as more effective preventative strategies for dealing with young people in juvenile gangs than punitive measures. One of the obstacles that we encountered with this project was that the mentors only received their Criminal Record Bureau check back nine months after they had been sent out which in turn, affected some of the work that they should have carried out with the young people. Alongside this administrative issue was their own journey of addressing and overcoming their own difficulties before working with the young people.

9. Results and Conclusions The consultation with the volunteer mentors also highlighted some notable differences in the structure of current juvenile gangs as opposed to 15-20 years ago. The volunteer mentors all agreed that their gangs were mostly defined by social structures rather than say race, whereas currently, juvenile gangs seem to be largely influenced by American gang structures where colours and area codes divide and demand fierce loyalties.

The increased levels of violence that young people currently display are of particular concern in that their reactions quickly change from calm to traumatic without passing anxious and are unable to reconcile their conflicting emotions. Beyond the social deprivation and structures arguments posed, once all the mentors learnt about the links between a lack of early attachment and violence, their journey was able to move from one of blame to more of an exploration (with the support of a counselor) of these links in relation to their own legacy of oppression as both victim and perpetrator.

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One argument from the Offender Health Research Network (2010) in favour of reforming juvenile offenders in Youth Offending Institutions states how data shows the needs of offenders actually decreasing on entering the criminal justice system because the assessments carried out and services provided that meet their specific needs (e.g. medical treatment, education, exercise). However, this argument was unanimously refuted by the panel of volunteers all with experience of the criminal justice system who all spoke of the realities of being locked up in a cell for 23 hours a day with no set interventions and no way of finding out what services were available. Rather, their experiences spoke of the negative and lasting effects of imprisonment on the mental health of a large number of people that they had met.

Experts on youth justice also spoke about the notion of young people involved in gangs, guns and knife crime refusing to appeal against a sentence for fear that they be accused of colluding with the police and being a “snitch” by their peers. Once again the panel of volunteer mentors vehemently disagreed with this from experience that any young person with the chance to avoid being imprisoned would do anything to take it.

What is true however is that young people are lacking in the boundaries during crucial stages of their adolescence that will enable them to be reflective and forward thinking.

The volunteer mentors all spoke of not having a stable and constant figure during this time and of the need for honesty and nurture when they were at their most vulnerable and felt that they could only “belong” on the street.

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James Gilligan’s previously mentioned study on Shame, Humiliation, Guilt and Violence (2003) is an apt reference for the Home Office funded project focusing on “Guns, Gangs and Knife Crime” that PPP carried out and resulted in the creation of a strategy for firstly assessing and identifying young people involved or on the verge of being involved in gangs and a subsequent strategy to work with them.

Assessment and identification: Children are more susceptible to becoming involved in gangs if they are children who: −− have experienced and have carried out random acts of violence or public humiliation −− have experienced and have made use of terror techniques such as bullying, threats or assault −− are both victim and the perpetrator of aggressive behaviour −− are unable to demonstrate signs of empathy with their victims −− are unable to express emotions or show signs of their own vulnerability −− feel an inappropriate level of debt, either emotional or financial, to family or friends −− have extreme reactions to outside challenges and swing between being calm and traumatised −− find it hard to reconcile conflicting feelings of love and hate −− are unable to develop emotional defences against experiences of shame and humiliation about gang culture −− experience or act out violence as a necessary form of self preservation

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PPP strategies to combat the lure of gang culture: Create a safe environment −− Ensure someone is always available/ Work closely with the family/ Work collaboratively Develop and sustain a trusting relationship −− Encourage an initially dependant relationship/ Establish a nurturing relationship/ Be accessible at all times and engage consistently/ Demonstrate and model empathy/ Listen actively Teach emotional awareness −− Advance emotional learning by encouraging self reflection, empathy and accepting responsibility/ Demonstrate honesty, humility, humour and humanity/ Understand and explore the source of violent feelings/ Raise awareness of negative patterns of behaviour Find strategies for coping with frustration −− Demonstrate and develop language to replace violence as expression of emotions/ Encourage communication/ Avoid punishment and reward strategies but raise awareness of social norms and boundaries Develop viable strategies for sustainable change −− Through individual and group mentoring raise awareness and acknowledgement of negative patterns of behaviour/ Help develop a ‘shame shield’ by exploring the concept and consequences of shame/ Explore positive life changes and plans for the future/ Support family members to ensure that changes are sustainable The problem must not be ignored or over-exaggerated, but kept in perspective.

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References Dando, J. UCL Institute of Crime Science (2005) Rationalisation of Current Research on Guns, Gangs and Other Weapons: Phase 1 Dawson, P. and Lucy Cuppleditch (2007) An Impact Assessment of the Prolific and Other Priority Offender Programme, Home Office, GB. Department for Children, Schools and Families (DCSF) (2008) Safeguarding Children and Young People Who May be Affected by Gang Activity DCSF-00064-2010 https://www.education.gov.uk/publications/ standard/publicationDetail/Page1/DCSF00064-2010

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Department of Health (2000) Framework for the assessment of children in need and their families’ http://www.dh.gov.uk/en/ Publicationsandstatistics/Publications/ PublicationsPolicyAndGuidance/DH_4008144 El País (6th February 2007) Los Ñetas también serán una asociación juvenil (The Ñetas will also become a Youth Association) http://www.elpais.com/articulo/madrid/ Netas/seran/asociacion/juvenil/ elpepusoc/20070206elpmad_9/Tes El Periódico (28th July 2008) Las bandas latinas reclutan a jóvenes españoles y marroquís para reforzarse (Latin Gangs are Recruiting Young Spaniards and Moroccans to Strengthen Themselves) http://www.elperiodico.com/ default.asp?idpublicacio_ PK=46&idioma=CAS&idnoticia_ PK=530409&idseccio_PK=1021

Garrido, C. I. (2007) Bandas juveniles: Contexto Europeo y situación en España (Youth gangs: European context and situation in Spain) Presentation at International Conference ‘Phenomena in Juvenile Delinquency: New Penal Forms’ – Seville http://www.oijj.org/plantilla.php?pag=100705 Gibbs, P. & Simon Hickson for the Prison Reform Trust (2009) Children: Innocent Until Proven Guilty A report on the overuse of remand for children in England and Wales and how it can be addressed, Prison Reform Trust.

Gilligan, James (2003): “Shame, Guilt and Violence” http://internationalpsychoanalysis.net/ wpcontent/uploads/2009/02/shamegilligan.pdf Hallsworth S. & Young T. (2004) Getting Real About Gangs, Criminal Justice matters 55 12-13 Home Office (2008) Tackling Gangs: A Practical Guide for Local Authorities, CDRPS and other Local Partners Home Office, Kinsella, B (2011) Tackling knife crime together - a review of local anti-knife crime projects http://www.homeoffice.gov.uk/publications/ crime/tackling-knife-crime-together Home Office, Youth Justice Board and Department for Education and Skills (2007) Prolific and Other Priority Offender Strategy: Prevent and Deter: http://www.crimereduction.homeoffice.gov. uk/ppo/ppominisite02.htm

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Klein, M. W. (2006) Street Gang Violence in Europe. European Society of Criminology and SAGE Publications London, Thousand Oaks CA, and New Delhi Leapman, B. (23rd April 2006) London’s criminal families replaced by ethnic gangs http://www.telegraph.co.uk/news/ uknews/1516437/Londons-criminal-familiesreplaced-by-ethnic-gangs.html Manchester Multi-Agency Gangs Strategy http://www.manchester.gov.uk/a_to_z/ service/1930/manchester_multi-agency_ gang_strategy_mmags National Policing Improvement Agency (2008) – Local policing guide for early intervention and prevention of youth crime and anti-social behaviour http://www.acpo.police.uk/documents/ children/2010/201003CYPASBM01.pdf Offender Health Research Network (2010) www.ohrn.nhs.uk Oliver, F. X. M. (2006) ‘Una nueva fuente de violencia en los centros escolares: las bandas juveniles’ (A New Source of Violence at Schools: Youth Gangs) Journal of the Official Psychologists’ Association of Catalonia Vol. 186 Owen, R and Anna Sweeting for Victim Support (2007) Hoodie or Goodie? Victim Support National Office Pitts, J. (2007) Reluctant Gangsters: Youth Gangs in Waltham Forest University of Bedfordshire

Rosenblatt, J. (2007) Definición y clasificación de pandillas (Definition and Classification of Gangs) Presentation at International Conference ‘Phenomena in Juvenile Delinquency: New Penal Forms’ – Seville http://www.oijj.org/plantilla.php?pag=100705 Stickler, A. (2010) Rape now gang weapon of choice BBC News http://news.bbc.co.uk/today/hi/today/ newsid_8530000/8530932.stm Telegraph, The (20th January 2008) Violent Youth Crime up a Third h t t p : // w w w . t e l e g r a p h . c o . u k /n e w s / uknews/1576076/Violent-youth-crime-up-athird.html Times, The (8th October 2006) Spread of Race Ghettos Fuels Gang Warfare http://www.timesonline.co.uk/tol/news/uk/ article665029.ece Toy, J. (2008) Die Another Day – A Practitioner’s Review with Recommendations for Preventing Gang and Weapon Violence in London, London Word Press United Nations Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 http://www2.ohchr.org/english/law/crc.htm Walsh, P. (2005) Gang War: The Inside Story of the Manchester Gangs Milo Books

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Conclusions and Recommendations Conclusions by

Don Calabria Institute (Applicant) Alessandro Padovani - Director of Don Calabria Institute (Com. San Benedetto) Sabrina Brutto - Responsable of International projects Office and project coordinator of EUROPEAN DIMENSION

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For over twenty years the United Nations and the Council of Europe drew up Recommendations and standards for the treatment of juvenile offenders and in particular the General Assembly of the United Nations in several Resolutions gave its guidance on the wider issue of “juvenile justice” to be considered as a reference point in the daily work with this specific target group.

Specifically, we refer to: −− UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, November 29, 1985); −− UN Guidelines for the Prevention of Juvenile Delinquency, Resolution 45/112 (Riyadh Guidelines, of 14 December 1990); −− UN Rules for the Protection of Juveniles Deprived of their Liberty, Resolution 45/113 (Havana Rules of 14 December 1990).

Also the Commission for Human Rights of the United Nations adopted a series of Resolutions reaffirming the principle of the child’s best interests to be understood as a privileged criterion in all decisions that affect primarily, but not limited to, deprivation of their liberty. In 2008 the European Council adopted the European Rules for juvenile offenders with sanctions or measures, insisting on the principle of proportionality (the seriousness of the offence, age of the child, psycho-physical and mental wellness, development of skills and personal circumstances) and minimum intervention.

During the years the European Council adopted a series of Recommendations concerning delinquency and juvenile justice, that are: »» Recommendation n. R(87)20 on social reaction to juvenile delinquency; »» Recommendation n. R(88)6, on social reactions to juvenile delinquency among young people coming from migrant families; »» Recommendation n. R(99)19 adopted in reference to the final document of the 10th International Congress of the United Nations on “Prevention of crime and offenders” held in Vienna in 2000 on the promotion of both public and private mediation by individual States; »» Recommendation n. R(2000)20 on the role of early psychosocial intervention in the prevention of criminality; »» Recommendation n. R(2003)20 concerning new ways of dealing with juvenile delinquency and the role of juvenile justice; »» Recommendation n. R(2004)10 concerning the protection of the human rights and the dignity of individuals with mental disorders; »» Recommendation n. R(2005)5 on the rights of children living in residential institutions; »» Recommendation n. R(2008)11 for juvenile offenders subject to sanctions or measures.

We should pay special attention to both the report of 19 June 2009 of the European Commissioner of Human Rights concerning proposals for improvement of juvenile justice in Europe and the last Recommendation of Ministers’ Deputies CM(2010)147

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of 17 November 2010 (Meeting of the European Committee on Legal Co-operation – Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice).

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What we can derive from all the mentioned International standards and Recommendations is always the recognition of the ownership of children’s rights and legitimate interests, consequent to their situation as growing persons and therefore deserving special understanding by the society and institutions responsible for attention and care that must be derived from the understanding of their needs; the legislation for the integration of minors should ensure more specialized bodies and operators in the juvenile justice system but also the creation of a multi-disciplinary and multi-agency approaches as reported inside many Recommendations such as 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 (Adopted by the Committee of Ministers on 24 September 2003 at the 853rd meeting of the Ministers’ Deputies). The starting assumption is in fact that responses to juvenile delinquency should be multi-disciplinary and multi-agency in their approach and should be so designed as to tackle the range of factors that play a role at different levels of society: individual, family, school and community. Furthermore, considering that some categories of juvenile offenders may need special intervention programs. A more strategic approach is stressed for (article 4) when it’s indicated that more appropriate and effective measures to prevent offending and re-offending by young members of ethnic minorities, groups of juveniles, young women and those under the age of criminal responsibility also need to be developed.

Closing this project, dedicated also to dissemination and spreading, it is important to emphasize as the issue of dissemination, closely connected with that of social communication, is also often considered in different European documents such as the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice that is well connected to the line of action that many countries are trying to implement. Article 145 precisely reports: “Member states are encouraged to carry out a number of measures to implement those guidelines. They should ensure their wide dissemination among all authorities responsible for or otherwise involved with children’s rights in justice. One possibility would be the dissemination of the guidelines in its child-friendly versions”.

The need to define a common strategy at European level concerning communication is a “must” in the European Recommendations as inside Rec(2008)11 which is a virtual continuation of Rec(2003)20, both of the Committee of Ministers to member states.

Rec(2003)20 concerning new ways of dealing with juvenile delinquency and the role of juvenile justice (Adopted by the Committee of Ministers on 24 September 2003 at the 853rd meeting of the Ministers’ Deputies), quotes in the part VI “Monitoring, evaluation and dissemination of information” two are the key points concerning the thematic of reflection:

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25. to counter overly negative perceptions, inform public opinion and to increase public confidence, the information strategies on juvenile delinquency and the work and effectiveness of the juvenile justice system should be developed, using a wide range of outlets, including television and the Internet. This should be accomplished without making available personal information or other data that may lead to the identification of an individual offender or victim.

The second one, Rec(2008)11, on the European Rules for juvenile offenders subject to sanctions or measures refers on part VII (Evaluation, research, work with the media and the public) at point J. Work with the media and the public, that: 139.2. the media and the public shall be informed about the purpose of community sanctions and measures and the deprivation of liberty of juveniles, as well as the work of the staff implementing these, in order to encourage a better understanding of the role of such sanctions or measures in society; 141. the media and members of the public with a professional interest in matters concerning juveniles shall be given access to institutions where juveniles are held, provided that the privacy and other rights of such juveniles are protected.

Assuming that the social communication includes all relevant bodies and languages involved, just through communication, to seek changes in the social order about topics of public utility especially in the different forms of social communication, the relationship with the world of juvenile justice and the issue of offenders’ inclusion. The same Resolution of the European Parliament of 21 June 2007 on juvenile delinquency, the role of women, the family and society (P6_TA(2007)0283) at article 17 related to the national policies stresses that…“the media can play an important role in preventing juvenile delinquency by providing information and increasing public awareness as well as by means of high quality broadcasts, focusing on the positive contribution that young people make to society…”.

The social communication of which we are talking about is the one directed to the general public and performs through actions of information and education designed to draw attention to the theme and to the role of juvenile justice with the aim of reducing the risk of discrimination and combat the onset and the consolidation of stereotypes and prejudices. Unfortunately, the daily practice of the media often tends to social labelling when nationality becomes for example the primary criterion of distinction. In this regard the mode of narration and description of the facts become essential through a careful and precise use of information which rather contrasts forms of stigma.

The media must be requested to act as a careful and watchful interlocutor of the phenomena, including also the adoption of specific virtuous behaviour such as putting public attention to the real development of the situation. “Better understanding the phenomenon in a competent manner” means a careful verification of the sources, the use of appropriate and correct terms and the exploration of the diversity of these

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subjects. The role of the media must, therefore, be to support an effective integration and a social cohabitation and not to obstruct this process, avoiding the stigma and the blame.

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Finally, to close this reflection but of course by doing so opening many other ones, we can quote the key words of the Opinion of the European Economic and Social Committee on the prevention of juvenile delinquency - Ways of dealing with juvenile delinquency and the role of the juvenile justice system in the European Union. (2006/C 110/13): â&#x20AC;&#x153;It should however be pointed out that young peopleâ&#x20AC;&#x2122;s behaviour often has a greater impact than that of adults, especially if it is negative, thus prompting society to take a particularly adverse view of young offenders. It is also useful to note that in many cases the victims of juvenile delinquency are young people themselves. As a result, the importance that European society attaches to juvenile delinquency means that effective responses must be found, which will have to be built principally on a threefold foundation: prevention, punitive-educational measures, and the social integration or re-integration of minors and young offenders (Introduction 1.1)â&#x20AC;?. Among European countries a wide perception that juvenile delinquency is on the rise exists and that the offences are becoming more serious. Under these circumstances, the public is calling for more effective control mechanisms, leading many countries to stiffen their youth legislation. This serves to underline the need for coordination and guidance measures in order to facilitate European level governance of this phenomenon, and also for welldesigned information policies to help put the over-dramatised perception of issue (Introduction 1.5). For these reasons, it requires a communication based on facts, reality and clarity.

Action on juvenile delinquency and juvenile justice is not restricted to the judicial sphere but seeks to be interdisciplinary and multi-institutional, bringing together other branches of knowledge and widely varying institutions, authorities and organisations who often operate in an uncoordinated manner (Proposals on a European juvenile justice policy 7.1.4.1).

A special thanks to each partner involved in this long experience for the close and heartfelt cooperation.

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Conclusions and Recommendations Recomendations by CĂŠdric Foussard. Director.

International Juvenile Justice Observatory

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Final Remarks The present research project aimed at developing and exchanging good practices of prevention of and fight against crime across Europe. It particularly concerned juveniles or young adults in conflict with the law, hence involving associations and organizations with recognized expertise in the field. This research is thus built on an interdisciplinary approach thanks to the diversity of actors that took part in it.

In the end, seven different entities were involved in the present research project: »» Don Calabria Institute, an Italian organization, which, among others, support the development of services, projects and initiatives directed to promote the well-being of teenagers, of young people and of their families that live in situations of hardship and suffering with a specific attention to deviant minors and juvenile offenders. »» The International Juvenile Justice Observatory, a Belgian foundation of public utility, whose objectives are to be a permanent international forum for professionals in juvenile justice all over the world and to ensure an international, comprehensive and interdisciplinary approach to juvenile justice. »» Association Diagrama, a French association, member of Diagrama International and willing to support the development of infrastructures, programs and researches designed to prevent, welcome and integrate children and young people with social difficulties. »» The BUREAU IV OF THE HEAD OF DEPARTMENT - Study, Research & International Activities (Juvenile Justice Department, Ministry of Justice) set up on 16 May 2007 with the aim of developing, monitoring and orienting the study and research area and increase the knowledge of juvenile delinquency through, for example, the organization of international seminars and conferences and study of the various European judicial systems, juvenile policies and strategies of crime prevention. »» Fundacja Diagrama, a Polish association and member of Diagrama International, which shares the same goal than Association Diagrama, its French counterpart. »» Fundacion Diagrama, a Spanish association, member of Diagrama International and working to meet the same objectives than Association Diagrama and Fundacja Diagrama, its French and Polish equivalents. »» Pupil Parent Partnership, a British non-for-profit voluntary organization that offers educational and therapeutic support to young people and their families in West London.

Among these seven partners, the Don Calabria Institute, the Association Diagrama, the Fundacja Diagrama, the Fundacion Diagrama and the Pupil Parent Partnership contributed to the present European dimension project by conducting researches on a given topic.

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Hence, Pupil Parent Partnership worked on the issue of juvenile gang. Association Diagrama – FR worked on cyber-crime and e-bullying whereas Fundacja Diagrama – PL worked on the influence of the use of narcotics and alcohol in criminal activities.

Its Spanish counterpart, Fundacion Diagrama – ES worked on the violence of minors towards their parents and eventually Don Calabria Institute, with the cooperation of the Juvenile Justice Department, conducted a research on the exploitation of foreign minors in crime.

Starting in December 2008, this research project lasted 32 months. The different partners met several times and by the light of their work, four different remarks could be pointed out. Indeed, even though these researches dealt with five different topics and were based on different disciplines, similar good practices and effective interventions can be highlighted. And one could list four of them:

The importance of raising public awareness Developing and working on the definition of good practices is of great importance; nevertheless, in order to be truly efficient, these good practices need to be known by the general public, which is why one needs to focus on raising public awareness.

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Thus, each citizen, and especially those advocating for children rights within courts, juvenile justice systems or even NGOs, as well as children themselves, need to be better informed on children’s rights; they have to learn about the different measures and policies developed in order to guarantee children a careless and agreeable childhood. Moreover, existing measures and policies need to be correctly evaluated and assessed before one decides to focus on new ones. As a matter of fact, looking into existing measures and policies will permit to better understand what has been implemented before, create appropriate indicators and give the average citizen an overall understanding of the actions led so far. As a result, raising public awareness of the appropriate means available appears to be just as useful as developing new ones.

All partners underlined this issue and they all agree on the importance of raising public awareness.

Fundacja Diagrama – PL for instance emphasized in its report that “there are three main streams of activities targeted to different audiences <among which> the education for the general public, including in particular parents, children and young people, and those working with them or on their behalf”192.

In its report, Don Calabria Institute encouraged the media in “promoting good information on the issue of foreign minors in the juvenile justice system, with the 192. BARCISZEWSKA Monika, “The Influence of the Use of Narcotics and Alcohol in the Criminal Activities”, Fundacja Diagrama, Poland, p.70

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purpose and modalities indicated by the European recommendations193” whereas the French report listed different media campaigns and websites developed at a national or at a European level. The latter were designed to tackle e-violence and cyber-bullying by informing the children on the advantages but also on the drawbacks of Internet. This media campaign included a list of cartoons194. As a matter of fact, to effectively raise the general public awareness, one has to make sure that the message is conveyed in an appropriate way; thus, using cartoons to reach children under ten or video games to attract teenagers’ attention is well-suited.

To the same token, when it comes to preventing and fighting the violence of the minors towards the parents, Fundacion Diagrama – ES reckons that “the basic pillars for the protection of young offenders are: prevention, alternative measures and the promotion of the values of respect and equality, and rights and duties195”.

Hence, to inform the general public about the existence of good practices, the rights of the child or juvenile justice as a whole is unanimously recognized of great importance.

Two reports, the Italian and the British ones, also highlighted the importance of raising the public awareness in order to tackle stereotypes. These two correspondent organizations indeed call to be careful when using specific words and when conveying certain received ideas. For instance, the Italian contribution to the present European dimension report stressed the importance of fighting “stereotypes and prejudices to counter the consolidation of a discriminatory culture in the local contexts196”. To the same token, the British report suggests to be careful with the use of the term gang.

“Some commentators <indeed> caution against the use of the term ‘gang’ in relation to young people since this may lend a spurious glamour to the minor forms of delinquency committed by groups, and actively encourage them to become involved in more serious offending197”.

If raising the public awareness is just as important as developing new appropriate practices, assessing the latter is of great importance too. In order to know if practices can be consider as working and appropriate, it is indeed necessary to evaluate the effectiveness of the policies implemented.

193. PADOVANI Alessandro, BRUTTO Sabrina , “The Exploitation of the Foreign Minors in Crime”, Don Calabria Institute, Italy, p.72 194. MARCHAND Sebastien, “The cyber-crime and the e-bullying”, Association Diagrama, France, p.62-67 for the different programs and p.64 for a cartoon and p.66 for an online game 195. MAYORAL NARROS Ignacio, “The violence of the minors towards the parents” Fundacion Diagrama, Spain 196. PADOVANI Alessandro, BRUTTO Sabrina, “The Exploitation of the Foreign Minors in Crime”, Don Calabria Institute, Italy, p.72 197. DE LORD Brian, “The Juvenile Gang”, Pupil Parent Partnership, p.32

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The importance of regularly assessing the effectiveness of policies Among the five researches conducted within the present European dimension project, this matter was especially stressed by the Italian and the French partners.

Thus, according to Association Diagrama, it is crucial “to assess and update antiintimidation policies in schools as well as other relevant policies, such as behaviour and learning strategies; to conduct a review of acceptable policies and ensure that students follow them when using ICT at school and to inform the teachers and the parents about this measure [...] Knowing that the school is taking measures can act as a deterrent to students that may have been tempted to manipulate school material and school systems198”.

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According to the Italian report, ““what is lacking within the Italian justice system, compared to that of other countries, is the assessment of the effectiveness of criminal and rehabilitative measures. Few are the studies aiming at assessing the effectiveness of rules and their application. Longitudinal studies of follow up and recidivism, as well as randomized studies involving comparisons with control groups are almost entirely absent […] Lacking studies on the effectiveness of the system, we are not able to evaluate whether our system is an afflictive one, whether the pardon and due process inspiring much of criminal law produces results in terms of crime prevention, whether the whole structure and architecture of criminal social welfare services is able to produce results in terms of reduction of risk factors, and whether the individual projects of urban security offer useful information in reducing acts of incivility and widespread criminality199”.

Both recognized the importance of evaluating and assessing policies and practices in order to know what is and what is not working. If their effectiveness is not indeed regularly assess, one could imagine that working practices could be abandoned whereas ineffective ones could carry on being used daily.

According to the research conducted by Fundacja Diagrama, this is the case in Poland for instance. Maciej Rutkowski200’s contribution to the Polish report shows indeed that part of the therapy and re-socialization measures implemented in Poland rely on an outdated programme; it would probably not be the case if the effectiveness of the implemented policies were regularly assess.

Thus, one needs to identify significant indicators able to establish whether a juvenile 198. MARCHAND Sebastien, “The cyber-crime and the e-bullying”, Association Diagrama, France, p.69 199. PADOVANI Alessandro, BRUTTO Sabrina and CIAPPI Silvio, “The Exploitation of the Foreign Minors in Crime”, Don Calabria Institute, Italy, p.78 200. Maciej Rutkowski is the Director of a therapeutic and re-socialization detention centre for addicted juveniles in Bialystok – He contributed to the Polish report by assessing the strong and weak points of therapy and re-socialization programme for addicted juvenile offenders in Poland. P.62-67 of the Polish report, Fundacja Diagrama.

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justice system is working or not and then, one ought to determine the means by which these indicators can be surveyed. Evaluating policies and practices seems indeed to be of great important to make sure that the juvenile justice system works at its best.

To raise the public awareness and to assess the effectiveness of policies and practices aimed to making sure that the work of experts of the rights of the child, academics, organizations, and social workers is not done in vain.

The five researches conducted by the Polish, British, Italian, French and Spanish partners all recognized the importance of the form that should be given to their work; to the same token, they also agreed on two other topics regarding, this time, the content of their intervention.

The importance of tailoring responses to the individual Even though the five partners conducted researches on five different topics, in the end, they all highlighted the importance of tailoring responses, measures and even sentences to the individuals. Each child having its own stage of mental and physical development, as well as its own history, it is indeed essential to take its uniqueness into account by adapting his or her punition to his or her profile.

In the Polish report for instance, it is underlined that “preventive, educational and resocialization programmes realized in detention centres for juveniles are, as in case of Youth Educational Centres and Youth Centres for Socio-therapy, an author programmes, created in every entity independently, by a team of psychologists, pedagogues and tutors because there are no universal programmes that can be used in all institutions of this type201”.

The Italian report stressed the same idea using different words; thus, according to the Italian contribution to the present European dimension project: “although these guys have come in contact with the juvenile justice system, they are extremely different in their stories, experiences, cultures of origin and migration project; for this reason their take in charge requires the adoption of ‘thoughts and actions’ which recognize and respect the uniqueness of each minor and ensure future prospects202”.

If it was not enough to understand how important it is to adapt each measure to the child in presence when it comes to dealing with juvenile criminality, the Spanish report goes back over this matter and claims that “in Spain the response is tailored to the individual, and as such the particular features of the subject must be taken into 201. BARCISZEWSKA Monika, “The Influence of the Use of Narcotics and Alcohol in the Criminal Activities”, Fundacja Diagrama, Poland, p.60 202. PADOVANI Alessandro, BRUTTO Sabrina and CIAPPI Silvio, “The Exploitation of the Foreign Minors in Crime”, Don Calabria Institute, Italy, p.69

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account203”. Moreover, the Spanish report recalls that the “judges have great flexibility for adopting the most appropriate measure, given the characteristics of the specific case and the personal development of the young person subject to sanction204”.

As a result, this particular aspect of the work of juvenile justice experts seems to be a guiding principle; wherever the age of the child, its nationality, or crime, to tailor every measure taken for its own good is of great importance.

To the same token, to involve the child in its rehabilitation and re-socialization, as well as other relevant actors, is also of great importance, as the five partners involved in the present European dimension project underlined it.

The importance of involving all kind of actors in the rehabilitation process Eventually, each research highlighted how important it is to involve all kinds of actors within the process that will lead the child to a new start. Hence, some reports focused on involving the family, numbers of actors of the civil society, or even the child itself.

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In the UK, different incentives to tackle juvenile gangs were launched; the majority of them try to involve all kinds of members of the community. The Dedicated Youth Offending Teams for instance involves the police, probation services, social services, health, education, drugs and alcohol misuse and housing officers. One could also talk about the Lambeth X-it Programme, a program that brings together, among others, members of the neighborhood community and ex-gang members205.

In Poland as well, different kinds of members of the community were involved in helping children moving on. Thus, several institutional programs, such as the ones conducted by the Department for Prevention from the National Bureau for Drug Prevention or the State Agency for Prevention of Alcohol Related Problems (PARPA), involved various actors. “The object of the policy of Department for Prevention <for instance> is directed towards society as a whole, but special attention is given to people young, who in adolescence tend to exhibit risky behaviour. The Bureau in cooperation with NGOs, local authorities and schools seek to coordinate actions aimed at reducing risk factors while strengthening protective factors for young people from different dangerous behaviours206”. To the same token, “the PARPA’s tasks comprises [...] cooperating with regional governmental bodies and plenipotentiaries of territorial governments for counteracting alcoholism <as well as> […] cooperating with organizations and international institutions that deal with prevention of alcohol-related problems207’’.

203. MAYORAL NARROS Ignacio, “The violence of the minors towards the parents” Fundacion Diagrama, Spain 204. Ibidem 205. DE LORD Brian, “The Juvenile Gang”, Pupil Parent Partnership, p.35 206. BARCISZEWSKA Monika, “The Influence of the Use of Narcotics and Alcohol in the Criminal Activities”, Fundacja Diagrama, Poland, p.71 207. Ibidem p.73

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Involving other institutions, organizations or official institutions in the rehabilitation process of the child is of great importance but it also, if not much more, important to involve the child and its family as well.

In Spain, in order to prevent and fight violence of the minors towards their parents, more attention was brought to the involvement of the family. As a result, the Spanish report goes back over the development of family-inclusive programs. Indeed, “the State Prosecution Service, in its conclusions on violence within the family, indicates that the most effective and advisable course of action would be to establish familyinclusive programs, <the latter will consist of > specialized support programs drawn up for families in which violence occurs208”.

Eventually, in most countries, in order to tailor the measures, responses, or even sentences, to the child, the young offender itself is asked to express his or her opinion.

Thus, according to Article 12 of the Convention on the Rights of the Child (CRC), each child should be heard and his or her opinion should be taken into due consideration.

Indeed, according to the CRC, “state parties shall ensure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child”.

As a result, even though the five different partners, who conducted researches for the present European dimension project, worked on very different topics, they all agreed that it is important to raise the public awareness, to assess the effectiveness of the practices and policies already implemented, to tailor responses to the individual and to involve all kind of actors in the child rehabilitation and re-socialization process.

Recommendations In the end, within the framework of the present European comparative analysis and transfer of knowledge on juvenile justice forms, the seven partners involved in this European dimension project intended to define and promote horizontal methods and instruments for a fight and prevention strategy against criminality and for the support of security and public order. They were also willing to promote and organize mutual coordination, cooperation and comprehension between local and national authorities and the Organizations linked to the European Union. To the same token, the seven different partners involved in the present project wanted to strengthen and professionalize operators and organizations involved in preventing crime as well as identify and assess good practices and effective interventions.

The present file hopefully meets these expectations and to close the debate will end with a few recommendations to national and European bodies.

208. MAYORAL NARROS Ignacio, “The violence of the minors towards the parents” Fundacion Diagrama, Spain

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Thus, the present stakeholders: Considering the international juvenile justice standards presented in the first chapter of the Green Paper entitled “Evaluation of the implementation of International Standards in National Juvenile Justice Systems”, Considering the recommendation No. R (1989) 12 of the Committee of Ministers to Members States on Education in Prison Considering the recommendation Rec(2006)2 of the Committee of Ministers to member states on the European Prison Rules, Considering the 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, Considering the guidelines of the Committee of Ministers of the Council of Europe on Child-Friendly Justice – CJ SCH (2010) 12,

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Considering the communication from the commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “An EU Agenda for the Rights of the Child Communication on the EU strategy on the rights of the child 2011-2014”, Considering the opinion of the European Economic and Social Committee on The prevention of juvenile delinquency. Ways of dealing with juvenile delinquency and the role of the juvenile justice system in the European Union. (2006/C 110/13), Considering the opinion of the European Economic and Social Committee on Urban areas and youth violence. (SOC/316 - CESE 1206/2009), Considering the 2008 joint declaration established by the IJJO and its partners following the III International IJJO Conference entitled “Juvenile Justice Systems in Europe: current situation, trends in applicable models and good practices”,

Invite the European institutions to: »» Work on raising awareness on the rights of the child by informing the general public with the help of the media, fighting stereotypes on juvenile criminality and keeping EU officials updated on these issues in order to guarantee that they always take them into account during the policymaking process.

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»» Ensure that each member states regularly assess the effectiveness of their juvenile systems, as well as their alternatives to detention, which should always remain the last resort, and their measures fostering rehabilitation and reintegration within society. »» Foster the identification and monitor the use of appropriate indicators able to determine whether a juvenile justice system is working or not e.g. by associating their approach to researchers and relying more on the work of the latter. »» Support national juvenile justice systems in their will and different attempts to adapt each sentences, decisions and measures to the needs, competences and aspirations of the children in conflict with the law. »» Ask formally to E.U. Member states to comply with international standards in order to provide children in conflict with the law with the best practices and policies available at EU level. »» Promote in all policy and project funding proposal to involve all kind of actors like family members, the child itself and other members of the community in the rehabilitation and reintegration process of the young offenders to ensure his sentence is overall educative and not simply punitive.

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Conclusions and Recommendations

EUROPEAN DIMENSION

EUROPEAN DIMENSION PROJECT NUMBER JLS/2007/ISEC/488

EUROPEAN DIMENSION PROJECT EUROPEAN COMPARATIVE ANALYSIS IN JUVENILE CRIME

EUROPEAN COMPARATIVE ANALYSIS AND TRANSFER OF KNOWLEDGE ON JUVENILE DELINQUENCY FORMS

EUROPEAN COMPARATIVE ANALYSIS AND TRANSFER OF KNOWLEDGE ON JUVENILE DELINQUENCY FORMS