Children at risk of coming into the child justice system

Highlights

Recent years have seen a growing focus on children at risk of coming into the child justice system across the Europe and Central Asia region. This scrutiny has intensified since a number of serious incidents involving children below the minimum age of criminal responsibility (MACR), prompting renewed debate on how systems should respond when children’s behaviour raises concerns about harm to themselves or others. Such cases often lead to calls for harsh punishment, detention, institutionalization or a lowering of the MACR. All of these  approaches are inconsistent with international child rights standards and may fail to address children’s underlying needs.

This UNICEF discussion paper examines how child protection systems can prevent and respond to cases involving children at risk of coming into the child justice system in a way that upholds their rights while enhancing public safety. It focuses on children below the MACR who are alleged to have committed acts that would constitute offences if committed by older children, as well as children whose behaviour raises serious concerns but does not meet the threshold of a criminal offence.

The paper reviews international and regional standards and considers how they can be operationalized through child protection systems. It asks how to ensure public safety through effective prevention before problems start, and a continuum of care that responds to different levels of need and risk.

In particular, it outlines early intervention, multidisciplinary assessment, case management, family- and community-based support, mental health and psychosocial support. 

As a discussion paper, the publication does not present a single model or blueprint. Instead, it aims to stimulate dialogue among governments, policymakers, child protection and justice professionals, civil society, academics and UNICEF partners on how to strengthen responses that are rights-based, welfare-led and non-custodial. It also addresses some of the most difficult questions facing governments: how to uphold the MACR in practice; how to respond to serious risks of harm without resorting to detention; and how to distinguish legitimate child protection measures from disguised ways to deprive them of their liberty.

The paper aims to contribute to a shared vision where children at risk of coming into the child justice system are recognized, first and foremost, as children in need of care, protection and support, and where public safety is pursued through prevention, inclusion and rehabilitation rather than exclusion and punishment.