Juvenile justice
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© UNICER Romania031 |
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Behind bars or glass, it is still a harsh life in prison for any child |
According to a number of international and national legal documents, children in conflict with the law should be protected. The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) states that all staff members involved in juvenile justice should have specific qualifications and training, and that special courts for children should be established with specialized procedures to consider the specific needs of children. A new juvenile justice penal code was initiated in Romania in 2006. According to this new law, children in conflict with the law are to be judged by special courts for children. Although the law calls for children to be subject to special procedures in accordance with international conventions, it does not specify that representatives of institutions involved in the juvenile justice process require special training.
Violations of the rights of these children often occur in police stations, while the children are being investigated. During the trial and sentencing stage, although children in conflict with the law should be kept separated from adult offenders, this is often not the case. The trials of children are held in the same venues as those for adults, something which can affect the emotional condition of the child during his/her trial. Furthermore, in spite of the fact that the new Penal Code allows for and recommends educational measures, courts still opt for punitive measures.
According to a study carried out by the Institute of Criminology in 2004, children commit about 10% of all crimes in Romania. Most (83%) of the crimes committed by children over the age of criminal responsibility were against property, primarily theft and robbery, followed by crimes against persons – physical violence (9%).
