Samenvatting Werkvelddomeinen.docx

## Summary of Legal and Social Frameworks for Youth and Justice This study guide provides a comprehensive overview of the legal rights and support systems for children and young people in Belgium, the frameworks for juvenile delinquency and the justice system, and the evolving landscape of victim support and restorative justice. It delves into the complexities of the criminal justice process, from crime prevention and prosecution to sentence execution and the challenges faced within the correctional system. ## Juvenile rights and legal standing ### The rights of the child The foundation of children's rights is built upon international legal instruments and principles, most notably the **Convention on the Rights of the Child**. #### The Convention on the Rights of the Child * **Historical background:** Approved by the United Nations (UN) on November 20, 1989, and ratified by twenty countries in 1990, signifying their recognition and implementation within national governance and policies. Belgium ratified the convention in 1991. * **General principles:** The Convention outlines a set of internationally recognized minimum standards for the treatment of children, viewing them holistically and granting them rights to participate in decisions affecting their lives. * **Key concepts:** * The **best interests of the child** are paramount (Article 3). * **Non-discrimination** of the child is essential (Article 2). * The **right to life and development** is guaranteed (Article 6). * The **right to express their opinion and participate** is recognized (Article 12). * **The Three Ps framework:** * **Provision:** The right to survival and development. * **Protection:** Safeguarding against abuse, neglect, exploitation, and maltreatment. * **Participation:** The right to be involved in decisions shaping their lives. * **Scope of the Convention:** * An **international legal instrument** establishing the rights of children and the obligations of states. * A **political instrument** encouraging states to incorporate children's rights into their legislation. * It is **not directly enforceable**, but its strategic importance is significant. #### State obligations and monitoring * **Reporting:** States that ratify the Convention must submit a report to the UN Committee on the Rights of the Child every five years. * **Committee oversight:** The Committee, composed of independent experts from various countries, monitors the implementation of these rights through reports and discussions. * **Recommendations:** The Committee can encourage states to improve specific aspects of child protection. For instance, the Belgian government has been advised to conduct more research into the living conditions of children and to improve the care provided to refugee children. * **New protocol (since April 2014):** This protocol allows children and their representatives to file complaints with the UN Committee on the Rights of the Child, but only after exhausting all domestic legal remedies. This provision became applicable in Belgium from August 30, 2014. ### Applying children's rights in Belgium Several organizations in Belgium are dedicated to overseeing children's rights. For social workers, two key bodies are: * **The Children's Rights Commissioner (Kinderrechtencommissariaat):** * Established by the Flemish Parliament as an independent body. * **Primary mission:** To promote awareness of the Convention and ensure its observance. * Submits an annual report to the Parliament. Caroline Vrijens has been the Flemish Children's Rights Commissioner since August 1, 2019. * **Key activities:** * **Complaint handling:** Operates a helpline, investigates complaints, and provides advice and mediation to resolve issues. * **Advisory work for the Flemish Parliament:** Translates structural problems into reports, advice, and position papers, highlighting potential legislative implications. Advisories are provided on the Commissioner's own initiative or upon request. * **Supervisory Committee for Flemish Youth Institutions:** Oversees all Flemish institutions where young people whose liberty has been temporarily restricted reside (e.g., community-based or private facilities). Volunteers visit these institutions monthly to speak with youth, educators, and management, ensuring youth rights are respected and acting as lianison in conflicts. * **The Children's Rights Coalition (Kinderrechtencoalitie):** * A coalition of 32 civil society organizations in Flanders focused on children's rights. * Monitors the implementation of the UN Convention on the Rights of the Child. * **Reporting to the UN Committee:** Submits an alternative report every five years evaluating the government's efforts concerning children's rights. ### Realization of children's rights in Belgium Several advancements have been made in Belgium in line with the Convention on the Rights of the Child: * **Right to be heard in civil proceedings:** Judges are obligated to hear young people in situations such as parental separation. * **Mandatory child and youth impact assessments:** When policy measures affecting children and young people are introduced, an impact report must be created at the Flemish, provincial, and municipal levels. For example, youth councils are involved at the municipal level. ### Challenges and ongoing efforts Despite progress, there remains a long way to go in fully realizing children's rights. Out of 55 recommendations for Belgium, some key areas of concern include: * Insufficient awareness of children's rights. * The impact of racism and discrimination on children. * Accessibility of the education system for all. * Alarmingly high rates of child poverty. * Increased attention needed for the rights of unaccompanied minors. ### Interpretation and application of rights Children's rights can be understood, read, and interpreted in various ways, leading to different constructions of these rights. The same case can have different solutions depending on how an individual interprets the rights and the specific circumstances. * **Child marriage:** Defined as any marriage, whether civil, religious, or customary, and with or without formal registration, where at least one of the partners is under 18 years of age. Child marriages are considered a fundamental violation of rights and should be punishable. However, such practices are often culturally determined by religious and social traditions, leading to differing views on their toleration. ### The legal status of minors * **Civil status of minors:** Minors require greater attention to rules and procedures that strengthen their legal position. * **Nuanced rights:** Children's rights are often qualified and "limited" by the need for upbringing and parental authority. * **Legal capacity:** Minors are considered legally competent but **not legally capable of acting independently (handelingsonbekwaam)**. This means they cannot exercise their rights and obligations or enter into legal transactions without the intervention of a third party. * **Legal acts vs. factual acts:** * **Legal acts (rechtshandelingen):** Actions with legal consequences, such as signing employment contracts, initiating legal proceedings, voting, or marrying. * **Factual acts (feitelijke handelingen):** Actions without legal consequences, such as watching television, playing sports, or asking for information. Minors can perform factual acts but not legal acts independently. * **Representation:** Minors cannot independently decide on certain rights; their legal representatives will act on their behalf and in their best interests. ### Parental authority (Ouderlijk gezag) Parental authority encompasses the rights and obligations granted by law to parents concerning their minor children, enabling them to fulfill their duties towards them. * **Parents' obligations:** * To provide for their children's housing, maintenance, supervision, education, and training, proportional to their means. This includes providing clothing, food, and toys. * This obligation extends beyond the age of majority if the child's education is not yet completed. * The obligation to provide maintenance continues if the children are in need, even if parents do not cohabit. * **Liability for damages caused by minors:** Parents can be held liable for damages caused by their minor children's wrongful acts, based on a dual presumption of a lack of proper upbringing and a lack of adequate supervision. * **Parents' rights:** * **Over the person of the minor:** This includes decisions regarding their philosophical beliefs (e.g., circumcision, baptism, secular upbringing) and moral education, as well as safeguarding their physical and mental health (e.g., influence on friendships, leisure activities). As the child matures, parents must increasingly consider the child's own rights. * **Over the minor's property:** Parents generally have the right to manage and benefit from their minor children's property and its income. However, exceptions exist for money earned from holiday jobs or student employment, and for property gifted or inherited under specific conditions that exclude parental enjoyment. * **Representation of the minor:** This includes actions like enrolling the child in school. * **Civil status of the minor:** Parents have the right to intervene in significant legal acts concerning their minors, such as marriage, adoption, or requests for extended minority status. ### Specific aspects of youth legal standing * **General rule:** Minors are generally not legally capable of acting independently (handelingsonbekwaam). However, there has been a growing trend towards exceptions in recent years. * **Domicile (Woonplaats):** Refers to the parents' joint place of residence. In cases of separation, the child's domicile is with one of the parents. * **Compulsory education (Leerplicht):** * Starts on September 1st of the year the child turns five (final year of kindergarten). * Ends at age 18. For those turning 18 before July 1st, compulsory education ends on their 18th birthday. For those turning 18 after July 1st, it ends on June 30th of that year. * Exemptions apply if a student obtains a secondary education diploma before turning 18. * **Full-time compulsory education:** Typically commences at age 15 after completing two years of secondary education, or at age 16 in other cases. * **Truancy (Spijbelen):** * Parents can face sanctions, including losing school allowances or having to repay previously paid allowances. * Schools and educational support centers (CLB) monitor truancy, and special youth assistance may be involved. ### Moral protection of minors * **Consent to sexual relations:** From age 16, a young person can consent to hetero- and homosexual relationships. This freedom is limited, however, by prohibitions against sexual relations with relatives, which are punishable until age 18. * **Sexual offenses:** * Sexual contact with a minor under 16 is considered "assault on chastity" (aanranding van de eerbaarheid). * Sexual intercourse with a minor under 14 constitutes rape (verkrachting). * **Age of consent and capacity:** Minors under 16 cannot consent to sexual acts. However, a 14- or 15-year-old can consent to sexual acts if the age difference is no more than 3 years and there is no relationship of trust or authority. * **Juvenile law:** Minors under 18 are subject to juvenile law and cannot be criminally punished as adults. ### Age-related regulations * **Marriage:** The minimum age for marriage is 18. A juvenile judge may grant exceptions for serious reasons, such as pregnancy. Minors under 18 may marry with the consent of both parents and ratification by a juvenile judge. If parents refuse, the court may grant permission only if the refusal is deemed an abuse of their rights. If one parent refuses, the juvenile judge will assess whether the marriage is in the minor's best interest. * **Films, dancing, cafés, alcohol, and smoking:** * **Films:** Minors under 16 are generally not permitted in public cinemas. Film classification committees provide content warnings and age categories. * **Dancing:** From age 16, attendance at "places where dancing occurs" is permitted. This age limit can be raised if a minor is deemed to be in danger. Minors under 16 must be accompanied by a parent or legal representative. Exceptions include private parties and dance classes. Access to gaming houses, dog racing tracks, establishments with hostesses serving clients, and betting areas at horse racing tracks is prohibited for those under 16. * **Cafés:** Minors of any age can visit cafés, but those under 16 are prohibited from consuming alcoholic beverages. This applies to public spaces. Minors under 18 are prohibited from consuming strong alcoholic beverages. * **Smoking:** The sale of tobacco products to minors under 18 is prohibited. This is a sales ban, not a consumption ban. * **Drugs:** Possession, use, and sale of illegal drugs are prohibited for individuals under 18. For adults aged 18 and over, possession and use of cannabis are generally not prosecuted unless it involves problematic use, public nuisance, or aggravating circumstances. ### Legal capacity and financial transactions * **Legal capacity:** Minors under 18 are legally incapable of acting independently (handelingsonbekwaam). Legal acts performed by minors can be declared void, but only at the initiative of their parents or legal representative, and only if the act results in financial disadvantage or is disproportionate to the minor's assets. * **Minors' contracts:** While minors cannot independently enter into all contracts, they can conduct daily transactions like buying bread. Certain significant legal acts, such as taking out loans or purchasing real estate, are generally prohibited. * **Specific capacities from age 15:** * Can testify under oath. * Can submit a request for emancipation to the family council. * Can consent to being acknowledged by a biological parent. * Can consent to adoption. * Can perform student work and receive wages. * **Specific capacities from age 16:** * Can become professional military personnel with parental consent. * Can make a will, but only concerning half of the disposable estate. * Can decide on cremation. * Can join a political party, unless parents object. * **Financial transactions:** * **Savings accounts:** Any minor can open a savings account and deposit money without parental consent. However, minors under 16 require explicit parental permission to withdraw funds. Those between 16 and 18 can withdraw up to 125 euros per month without parental consent, though parents can object. For higher amounts, parental consent is needed. Parents cannot withdraw funds from a minor's savings account themselves. Parents can open savings accounts in their children's names, with access typically managed by parents until the child turns 18, unless specific clauses apply. Minors in institutions may have savings accounts opened by the government, requiring parental consent for withdrawals. * **Current accounts (Zichtrekening):** There are no specific legal provisions for current accounts of minors under 18. The general rule of legal incapacity applies, requiring parental or guardian representation for opening an account. However, most banks allow minors to open current accounts from age 10 with parental consent. ### Employment * Minors aged 15/16 (with part-time compulsory education) can enter into employment contracts. This requires tacit parental consent, meaning parents can object. Minors receive their wages directly, but parents can still object to this arrangement. Parents do not have the right to enjoy the minor's income but retain the right of management. * **Child labor law:** Prohibits work for individuals under 15, with exceptions for specific artistic, cultural, or promotional activities, provided an individual waiver is requested and approved by the labor inspectorate and parental consent is obtained. Specific working hours and rest periods apply, and wages must be deposited into an individualized savings account accessible only by the child, though parents can withdraw funds in the child's interest [1993](#page=1993). ### Reaching the age of majority * **Age of majority:** Since 1990, the age of majority is 18. Upon reaching this age, individuals are no longer under parental authority and gain full legal capacity to act. * **Responsibility:** They become fully liable for their actions. * **Financial dependence:** Many individuals remain financially dependent on their families after turning 18. * **Parental support:** Parents are obligated to provide maintenance for their children even after they turn 18 if their education is not completed, provided the studies follow a normal course, the child has not obtained higher education qualifications, and the child's own income is considered. This obligation does not extend to non-essential additional expenses. * **Respect for parents:** Children are expected to show respect towards their parents. ## Youth support services (Hulpaanbod) ### The integrated youth care system The organization of youth care is primarily managed by six sectors: 1. **General Welfare Work (Algemeen Welzijnswerk - AWW):** E.g., JAC (Youth Information Center). 2. **Mental Health Centers (Centrum Geestelijke Gezondheidszorg - CGG).** 3. **Integrated Family Care Centers (Centra voor Integrale Gezinszorg - CIG):** E.g., De Stobbe. 4. **Pupil Guidance Centers (Centra voor Leerlingbegeleiding - CLB).** 5. **Child and Family (Kind en Gezin - K&G).** 6. **Youth Welfare (Jongerenwelzijn).** 7. **Flemish Agency for Persons with Disabilities (VAPH).** * **Pre-2000:** Each sector operated independently with its own offerings for youth, leading to limited consultation and awareness of each other's work. * **Post-2000 reforms:** The introduction of integrated youth care aimed to create a seamless connection between the services offered by different sectors, becoming fully operational by 2014. ### The Youth Care Decree * **Since January 1, 2014:** A unified approach to youth care has been implemented, with a single sectoral access point for non-direct assistance. * **Support Center for Youth Care (Ondersteuningscentrum Jeugdzorg - OCJ):** Provides outreach support in situations of concern. * **Continuity of care:** Facilities present their services uniformly through "modulization," allowing for the combination of different support options. * **Child-centered approach:** * **Formerly:** Referrals were often fragmented, requiring individuals to navigate different sectors independently. * **Currently (Integrated Youth Care):** Aims for interconnectedness. Individuals entering the system are referred to other organizations if needed, with the initial organization maintaining follow-up until a resolution or successful transfer. Combinations of support are now possible, such as home-based guidance alongside residential support. * **Maximizing participation:** Active involvement of children, young people, and parents is a core principle. ### Six Key Principles of Integrated Youth Care 1. **Socialization of youth care:** Integrating care within society by involving the community in supporting clients and leveraging the strengths of personal networks, family, and society. This includes using adapted methodologies like "Signs of Safety" and "Nonviolent Resistance." 2. **Timely access to care:** Ensuring accessibility, particularly for direct youth care, and strengthening non-direct care through gatekeeping. Key factors for accessibility include usefulness, reachability, availability, comprehensibility, and affordability. Strategies involve promoting broad entry points, engaging various professionals (doctors, teachers, police), and ensuring access for special target groups. 3. **Ensuring continuity of care:** Maintaining contact with clients until the next stage of support begins, providing seamless assistance. This is achieved through expertise sharing to avoid unnecessary referrals, the use of multi-functional centers, inter-professional collaboration, and client participation. 4. **Appropriate handling of concerns:** Responding effectively to situations where a minor's development is fundamentally at risk due to threats to their physical, psychological, or sexual integrity, or educational opportunities. This involves a shared responsibility across sectors. 5. **Provision of crisis youth care:** Offering support during critical situations. 6. **Maximum participation of the minor and their family:** Upholding the fundamental right of the help-seeker to participate at individual, organizational, and policy levels. ### Accessing youth care * **Directly accessible youth care (RTJ):** Low-threshold services that are usable, reachable, available, understandable, and affordable. Entry points include CLBs, K&G, and JAC. * **Problem-specific services:** Specialized services that may also be accessed directly but are often contacted through the broader entry points. Examples include CGG and CKG. * **Non-directly accessible youth care (NRTJ):** Requires a needs-based approach across sectors, with flexible combination possibilities. This involves an integral access gate in each province, comprising two teams: * **Needs assessment:** Determines the most appropriate type of help based on the family's needs. * **Youth care management:** Identifies the most suitable and available support. * These teams work independently to ensure impartiality. * **Application for NRTJ:** Requires a detailed "A-document" filled out by the helper in collaboration with the young person and parents, outlining the situation and requested support. ### Handling concerns and crisis situations * **Shared responsibility:** Concerns about a minor's development are considered a shared responsibility, with every professional encouraged to discuss concerns and seek support. * **Mandated facilities:** In situations where informal discussions are insufficient, mandated facilities like the Support Center for Youth Care (OCJ) and the Vertrouwenscentrum Kindermishandeling (VK) have the authority to intervene and, if necessary, refer the situation to judicial authorities. * **Verontrustende situatie (Disturbing situation):** Defined as a situation where a minor's developmental opportunities are threatened or their integrity is compromised. * **Social necessity:** Refers to situations so unsafe or threatening that societal intervention is a duty. ### Participation of minors and their families * **Three levels of participation:** * **Individual case level:** The extent of the client's involvement in their own care process. * **Organizational level:** Client participation in the organization's decision-making. * **Structural policy level:** Client participation in policy decisions and trends within or across sectors. * **Mechanisms for participation:** Applying the Decree on Rights and Client Rights, adopting a participatory attitude, involving trusted persons, and realizing client representation. ## Juvenile delinquency and the justice system ### Understanding delinquency * **Adolescence as a developmental phase:** Adolescence is a period of transition from childhood to adulthood, characterized by experimentation with rules and potential conflict with norms. Societal and parental reactions to this development and potential risk-taking behavior are significant. * **Psychological and biological changes:** This transitional phase is influenced by hormonal and brain development, with emotions often taking precedence over rational thought in earlier stages. * **Sociocultural influences:** Adolescent behavior and group dynamics are shaped by societal and cultural changes, with variations observed across time, culture, and society. * **Stages of adolescence:** * **Early adolescence (10-14):** Hormonal and brain development are prominent, with emotions often overriding rational thinking and an impulse for immediate gratification. A desire for independence from parents is strong. * **Middle adolescence (14-16):** Increased risk-taking and sensation-seeking behavior are common. The ability to fully assess consequences may be limited. Peer influence becomes increasingly significant as adolescents seek belonging and social approval. * **Late adolescence (16-22):** Brain development, particularly the prefrontal cortex, progresses. Individuals become more capable of making considered choices with long-term consequences. * **Parent-child relationships:** While evolving, the relationship with parents remains crucial for self-esteem and competence. Parental monitoring and trust are important. The parent-child relationship shifts towards a more equal footing as the adolescent matures. * **Peer relationships:** The social network expands, forming a new reference group outside of parents. Friendships become self-chosen and serve as a space for practicing social skills and expressing ideas. * **Conflicts in caregiver-youth relationships:** Conflicts, particularly disagreements, are common in early adolescence. These can be linked to communication patterns, family structure, and the degree of parental involvement. ### Brain development and adolescent behavior * **Prefrontal cortex development:** The prefrontal cortex, responsible for executive functions like organization, impulse control, and long-term planning, develops last. This immaturity contributes to impulsive decision-making and a focus on short-term gratification. * **Reward system:** The adolescent brain's reward centers are highly sensitive to thrills and excitement, making them more susceptible to risky behaviors and potentially addictive substances. * **Emotional processing:** Areas of the brain that regulate intense emotions, such as those experienced during infatuation, are not fully developed, leading to more intense emotional experiences. * **Sleep patterns:** Adolescents require around 9-10 hours of sleep, and their natural sleep-wake cycle shifts later, leading to difficulties with early morning wake-ups for school. ### Brain development and substance use * **Vulnerability:** Adolescent brains are particularly vulnerable to the effects of psychoactive substances, increasing the risk of addiction. * **Alcohol and nicotine:** These substances can mimic neurotransmitters like dopamine, affecting the reward system and contributing to addictive patterns. Binge drinking is particularly detrimental to brain development. ### Youth and delinquency * **Defining delinquency:** Juvenile delinquency refers to the commission of unlawful acts by minors. The legal framework distinguishes between offenses and disturbing upbringing situations (VOS). * **Status offenses:** Offenses that are only considered delinquent because the perpetrator is a minor, such as underage drinking or truancy. * **Age-related delinquency:** Much adolescent delinquency is considered transient experimentation and may disappear as individuals mature. * **Deviant behavior spectrum:** This ranges from minor deviance (e.g., early smoking) to more serious problem behavior (e.g., substance abuse, truancy) and criminal behavior that is punishable by law. * **Types of juvenile delinquency:** * **Age-bound:** Often experimental behavior that diminishes with age. * **Systematic:** More persistent and serious criminal behavior, often starting in childhood. * **Theoretical explanations:** Theories of juvenile delinquency explore individual, family, and societal factors, including social bonding, strain, social learning, and labeling theories. * **Persistent offending:** A minority of young people exhibit persistent delinquent behavior, often linked to a combination of individual vulnerabilities (e.g., low IQ, impulsivity) and adverse environmental factors (e.g., social exclusion, poor upbringing). * **Deterrence and rehabilitation:** The juvenile justice system aims to be pedagogical, focusing on rehabilitation and the child's best interests, with interventions tailored to the individual and their circumstances. ### The juvenile justice system * **Historical evolution:** The approach to juvenile offenders has evolved from treating children as mini-adults to recognizing their specific developmental needs and vulnerabilities. * **Belgian legal framework:** The juvenile justice system in Belgium has undergone reforms, with a current emphasis on educational, restorative, and sanctioning measures. * **Key principles:** The system emphasizes the responsibility of the young person and the involvement of parents and educators. * **Recent reforms (February 6, 2019):** A new Flemish juvenile delinquency law aims to enhance responsibility, promote restorative approaches, ensure faster responses, and strengthen legal safeguards. It distinguishes between "youth offenses" and "disturbing upbringing situations." * **Actors in the juvenile justice system:** Police (juvenile brigade), the youth prosecutor's office (Jeugdparket), and the juvenile court (Jeugdrechtbank). * **Measures and sanctions:** These can range from diversionary measures (e.g., mediation, restorative group conferences) to protective measures for minors in disturbing situations and sanctions for juvenile offenders, tailored to their age and the severity of the offense. * **Transfer to adult court:** In cases of serious offenses or when a juvenile is deemed resistant to pedagogical approaches, the juvenile judge may decide to transfer the case to the adult criminal court. ## Victimology and support ### Victimology and victimhood * **Victimology:** The scientific study of victims and victimhood. * **Victim:** Defined as a person who has experienced a shocking or traumatic event, leading to harm and distress. The victim's personal experience and perception of the event are central. * **Legal definition of victim:** Any person, and their next of kin, who has suffered material, physical, or moral damage due to a criminal offense. * **Victim identity:** Encompasses direct victims (those directly involved in the crime) and indirect victims (family members, friends, and even society at large). * **Shocking and traumatic events:** Unexpected events causing powerlessness and disruption, with trauma occurring when the processing of such events becomes stagnant. * **Types of victimisation:** Includes violence, sexual abuse, theft, cybercrime, traffic incidents, and terrorism. ### Consequences for victims * **Material and economic:** Loss of goods, damage to property, hospitalization costs, income loss. * **Moral and psychological:** Feelings of insecurity, anxiety, PTSD, grief, anger, and self-doubt. * **Physical:** Injuries, sleep disturbances, headaches. * **Secondary victimization:** Experiencing further harm or re-victimization due to negative interactions with authorities or society. * **Victim blaming:** Shifting responsibility for the crime onto the victim. ### Coping and recovery * **Phases of processing:** Acute phase (intense emotions), recovery phase (alternating between re-experiencing and avoidance), and fixation/resolution phase (integration or persistent distress). * **Reporting victimization:** Many victims do not report crimes due to fear, perceived insignificance of the offense, or distrust in the justice system. ### Victim rights and support * **Historical context:** Awareness and recognition of victims' rights have increased significantly, particularly since the 1990s. * **Legal framework:** Laws and EU directives have been enacted to ensure victims are treated with respect, informed about their rights and the legal process, and provided with support. * **Key rights:** * Right to respect and recognition. * Right to information about the proceedings, decisions, and available support. * Right to legal assistance and recourse. * Right to protection and privacy. * Right to reparation for damages. * Right to help and support services. * **Role in the criminal procedure:** Victims can act as complainants, injured parties, or civil parties seeking compensation. * **Victim support services:** Organizations like Victim Support (Slachtofferhulp) and specialized units within police and justice departments provide crucial assistance, information, and guidance to victims. ## Restorative Justice ### Principles and framework * **Restorative justice (Restorative justice):** An alternative approach to criminal justice that focuses on repairing harm, involving victims, offenders, and the community in a dialogue to address the consequences of crime. * **Core principles:** Emphasis on repairing damage, active participation of all parties, and a focus on accountability and healing. * **Restorative processes:** Include victim-offender mediation, restorative dialogue groups, and community conferencing. These processes are voluntary and facilitated by neutral third parties. * **Benefits:** Victims report feeling heard, respected, and more in control. Offenders often experience reduced recidivism and greater motivation for rehabilitation. * **Challenges:** Potential for re-traumatization if not handled appropriately, and the need for skilled facilitators and comprehensive preparation. ## Criminal Justice System ### Theories of criminal behavior * **Historical perspectives:** Early theories focused on biological and sociological factors. * **Contemporary theories:** Explanations encompass a range of factors, including social bonding, strain theory, social learning, labeling theory, and self-control theory. * **Risk and protective factors:** Research identifies various factors that increase the likelihood of offending (risk factors) and those that mitigate it (protective factors). These operate at individual, family, and societal levels. ### The criminal justice process * **Crime definition:** Criminal behavior is defined as unacceptable actions that are punishable by law. * **Legal principles:** Key principles guiding the justice system include the principle of legality, proportionality, and subsidiarity. * **Stages of the criminal process:** * **Investigation:** Police and prosecutors gather evidence and identify suspects. * **Judicial investigation:** An investigating judge may be appointed for complex cases, conducting further inquiries. * **Trial:** The case proceeds to court, where evidence is presented, and a verdict is reached. * **Sentencing:** If found guilty, the court determines an appropriate sentence, considering aggravating and mitigating circumstances. * **Sentence execution:** The imposed sentence is carried out by relevant authorities. ### Sentencing and punishment * **Objectives of punishment:** Retribution, deterrence (general and specific), rehabilitation, and reparation. * **Types of sanctions:** Imprisonment, fines, community service, electronic monitoring, probation, and measures for individuals with mental health issues (internment). * **Sentencing factors:** Courts consider the minimum and maximum penalties prescribed by law, aggravating and mitigating circumstances, and the offender's personal history and potential for rehabilitation. * **Alternatives to detention:** Increasing emphasis on alternatives to incarceration, such as electronic monitoring and probation, to reduce prison overcrowding and facilitate reintegration. ### The correctional system * **Prisons:** Facilities for holding individuals convicted of crimes or awaiting trial. * **Challenges:** Overcrowding, understaffing, inadequate resources, and the impact of incarceration on mental health are significant issues. * **Reintegration:** Efforts focus on preparing inmates for re-entry into society through vocational training, educational programs, and psychological support. * **Detention houses and transition houses:** Smaller, more community-oriented facilities aimed at facilitating a smoother transition from prison to society. * **Electronic monitoring:** Used as a sentence, a condition of probation, or during pre-trial detention to monitor compliance with curfews and geographical restrictions. ## Unaccompanied Minors (NBM) ### Definition and context * **Definition:** An unaccompanied minor is an individual under 18 years of age, not accompanied by a person with parental authority or guardianship, who is a national of a country outside the EU/EEA, has applied for asylum or lacks legal residency, and has been identified as such by the guardianship service. * **Trends:** An increasing number of unaccompanied minors are arriving, often fleeing conflict zones. The largest age group is 16-17 years old. * **Reasons for migration:** Driven by "push factors" (war, family issues) and "pull factors" (future opportunities, better healthcare, family reunification). ### The role of the guardian * **Responsibilities:** Legal guardians represent unaccompanied minors in all legal and administrative proceedings, appoint legal counsel, manage education, secure housing and support, and ensure access to medical and psychological care. They must also consider the context of the minor's family in their home country. * **Importance:** Guardians are crucial for initiating legal procedures, realizing rights, providing continuity of care, and supporting the complex and lengthy residency procedures. ### Challenges and support for unaccompanied minors * **Age assessment:** Discrepancies in age claims can lead to lengthy assessment processes, potentially impacting access to education and care. * **Vulnerability:** Unaccompanied minors are particularly vulnerable and may experience trauma from their journey and subsequent challenges. * **Support systems:** Integrated Youth Care (IJH) services are available to all unaccompanied minors, regardless of their legal status, to provide adapted guidance and support. * **Specific considerations:** Issues include age testing, the pressure from families for financial support or reunification, educational challenges, psychosocial support needs, and the processing of trauma. ## Restorative Practices in the Justice System ### Restorative justice principles * **Focus on repair:** Restorative justice aims to repair the harm caused by crime, addressing the needs of victims, offenders, and the community. * **Active participation:** Emphasizes the voluntary involvement of all parties in finding solutions and understanding the consequences of the offense. * **Methods:** Includes victim-offender mediation, family group conferencing, and victim-offender dialogue. ### Effectiveness and impact * **Victim needs:** Restorative justice can help victims feel heard, gain information, and experience a sense of control. * **Offender accountability:** It encourages offenders to take responsibility, understand the impact of their actions, and engage in reparative efforts. * **Recidivism reduction:** Studies suggest that restorative justice practices can contribute to lower rates of reoffending. ### Barriers and considerations * **Appropriate preparation:** The success of restorative processes relies heavily on thorough preparation of all participants and the skill of the facilitator. * **Voluntary participation:** Both victims and offenders must willingly agree to participate. * **Suitability:** Restorative justice may not be suitable for all cases or all individuals, especially in situations involving severe violence or where a party is unwilling or unable to engage constructively. --- **Disclaimer:** This study guide is intended for educational purposes and is based on the provided document. It is not a substitute for legal advice. Always consult with qualified professionals for specific legal matters.

## Glossary | Term | Definition | |---|---| | Adolescentie | The transitional phase of development between childhood and adulthood, characterized by physical, psychological, and social changes, often involving experimentation with rules and conflict with norms. | | Burgerlijke partij | A party in a legal proceeding who has suffered damage as a result of a criminal offense and seeks compensation for that damage within the criminal trial itself. | | Delinquent gedrag (Delinquent behavior) | Behavior that is contrary to established norms and laws, particularly that of young people, often including acts that are punishable by law. | | Elektronisch toezicht (Electronic monitoring) | A method of executing a deprivation of liberty sentence or measure, where the suspect or convicted person serves all or part of it outside of prison, with compliance monitored through electronic means. | | Handelingsbekwaamheid (Legal capacity to act) | The legal ability to exercise one's rights and fulfill one's obligations independently, without the intervention of a third party, and to perform legal acts. | | Herstelrecht (Restorative justice) | An approach to addressing crime that focuses on repairing the harm caused by criminal behavior, involving active participation of the victim, offender, and potentially the community, aiming for reconciliation and restoration. | | Jeugddelinquentie (Juvenile delinquency) | Criminal behavior committed by minors, often encompassing a range of offenses from minor transgressions to more serious criminal acts. | | Justitieassistent (Probation officer/Justice assistant) | A professional working within the justice system, often tasked with supervising individuals under court orders, conducting social inquiries, and providing assistance to both offenders and victims. | | Maatschappelijke kwetsbaarheid (Social vulnerability) | The risk of experiencing predominantly negative aspects (control, sanctions) when interacting with societal institutions, leading to potential social exclusion and further disadvantage. | | Minderjarig (Minor) | An individual below the legal age of majority, typically eighteen years old, who has specific legal rights and protections. | | Misdrijf (Offense/Crime) | A behavior (action or omission) that is defined as punishable by criminal law. | | Ouderlijk gezag (Parental authority) | The legal rights and responsibilities granted to parents regarding their minor children, including aspects of their person, education, and property. | | Recidive (Recidivism) | The act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, especially the commission of a crime after previously being convicted for it. | | Risicofactor (Risk factor) | A characteristic or circumstance that increases the likelihood of an individual engaging in delinquent or criminal behavior. | | Schokkende gebeurtenis (Traumatic event) | An unexpected and sudden event that causes a sense of powerlessness and a severe disruption of daily life, potentially leading to trauma if processing is hindered. | | Secundaire victimisatie (Secondary victimization) | The process by which victims are further harmed or re-victimized by the responses or attitudes of societal institutions (like police or the justice system) or individuals, in addition to the initial trauma of the crime. | | Slachtoffer (Victim) | A person who has experienced a shocking event, has witnessed it, or has heard about it, resulting in death, injury, or disadvantage, and reacting with intense powerlessness and fear. | | Sociaal labeling (Social labeling) | The process by which an individual is labeled as deviant or criminal, which can lead to stigmatization and influence their self-perception and future behavior. | | Strafbaar feit (Punishable offense) | An act or omission that is against the law and carries a penalty. | | Strafuitvoeringsmodaliteiten (Sentencing execution modalities) | The various ways in which a criminal sentence is carried out, including alternatives to traditional imprisonment, such as electronic monitoring or probation. | | Verontrustende opvoedingssituatie (Disturbing upbringing situation) | A situation concerning a minor that raises concerns about their development, safety, or well-being, potentially requiring intervention from child protection services or the juvenile justice system. | | Victimisatie (Victimization) | The process or act of becoming a victim of a crime or harmful act. | | VOS (Verontrustende opvoedingssituatie) | Acronym for "Disturbing upbringing situation" (see definition above). | | Vrijheidsberoving (Deprivation of liberty) | The state of being held in prison or another form of detention, such as arrest or unlawful detention. | | Jeugddelinquentierecht (Juvenile criminal law) | The body of law governing the apprehension, prosecution, and rehabilitation of young offenders. | | Wettelijke vertegenwoordiger (Legal representative) | A person legally appointed to act on behalf of another, such as a minor or an incapacitated adult, especially in legal and financial matters. |