28th Conference of European Ministers of Justice
Address by Minister of Justice Ernst Hirsch Ballin of the Netherlands on the occasion of the 28th Conference of European Ministers of Justice, 25-26 October 2007 (Engels uitgesproken).
I would like to focus my address today one particular issue: the phenomenon of juvenile delinquency and the question as to how this delinquency can be reduced.
Juvenile delinquency causes damage to society and stands in the way of a “healthy” development of the individual youngster to citizenship.
In the Netherlandsone can see an overrepresentation among juvenile delinquents of children of foreign origin. In addition, crimes are more and more violent in nature. Especially negative in this respect are a number of recent homicides in schools.
It should be prevented as much as possible, that youngsters slip into criminal behaviour. In this respect, it is important to make the distinction between adolescents who are exploring their boundaries (which is by far the largest group) and young people who could really constitute a threat.
The Netherlandsis focusing on prevention and reducing recidivism, by, among other things, follow-up care. It should not be forgotten in this context, that the best form of prevention is an active participation in society of the persons in question. This means getting an education, finding a job and having a home and a social network.
Delinquency should be stopped as soon as possible, since prevention is of course better than cure. Sometimes there are young children that grossly overstep the boundaries. That is why the Netherlandswants to achieve an effective approach of children under 12 years, who are not criminally liable under Dutch law.
The system in the Netherlandsmeans that children under the age of 12 years are not liable to prosecution (Art. 77a Netherlands Criminal Code). The underlying principle is that children cannot be prosecuted for acts for which they are unable to calculate the consequences.
In the Netherlands, the youth justice system focuses on the group of 12 to 17 year-olds. In the light of the International Convention on the Rights of the Child, the youth justice system has an educational character.
Delinquent behaviour at a young age, below the age of twelve, is an important factor in predicting later delinquent behaviour.
The crucial question is how we can keep children from slipping into a career in crime and how we can limit the nuisance that these children cause to society by behaving in a way that transgresses moral standards.
The Netherlandsis devoting its efforts to a comprehensive approach to the under-12s. In 2008, anation-wide model for improving police registration of young offenders under the age of 12 will be introduced (to provide information about the range of the group, and to be able to start compiling files per child). A start is also being made on developing a validated screening method for under-12s at high risk.
Under-12s who come into contact with the police for the first time after a fairly minor offence will be subjected to a special programme, a so-called Stop-reaction. Such a programme doesn´t lead to a settlement by a criminal court and is seen as way of offering support to parents in helping to correct their children’s behaviour. Parents refusing to cooperate with the special program after a second criminal offence will be reported to the Youth Care Agency.
There is no doubt that children under 12 commit offences, sometimes consciously spurred on by adults. In late 2006 inthe Netherlands, a number of Roma children were arrested for theft. The identity of the children was at first unclear. They appeared to be around 9 years of age. These children were arrested and initially placed in a youth custodial institution under the terms of civil law, before being swiftly moved to a secure youth care facility with special provisions for young children.
Some politicians call for the age limit applying to the youth justice system to be lowered. The idea behind these proposals is that law enforcement officers should be in a position to intervene, and that children already have sufficient understanding of right and wrong.
I do not believe however, that prosecuting children in the context of criminal proceedings under the age of 12 is the best answer to this problem. Neither is sending them to a youth prison at that age. What we do need however, is sufficient powers to intervene and to confront them - or better, if possible – their parents with their responsibility for their behaviour and to put them on a track of special educational programs.