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Educational activities idi - CALYPSOS

  1. Education for children in the juvenile justice system Elisa Vagnoli and Erika Bernacchi, Istituto degli Innocenti
  2. Index  Juvenile justice system: characteristics, actors, data  The right to education and training inside and out of prison for minors: principles, agreements, projects, critical factors
  3. Juvenile justice system -It concerns boys and girls aged from 14 to 18 years who have committed penal offenses -designed on principles that are aimed at protecting a child’s rights and interests. -It has incorporated most of the international standards on juvenile justice -deprivation of liberty is applied to children as a last resort
  4. Juvenile justice system The purpose of the juvenile criminal trial is not only the ascertainment of the imputability and responsibility of the subject, but the activation of targeted and individualized interventions, in order to elaborate a specific educational project.
  5. Juvenile justice system – principles (1)  the principle of proportionality: the criminal proceedings must be proportionate to the evolving capacities of the child and to his/her educational needs the principle of least harm: in order to ensure the correct development of the child. the principle of de-stigmatisation: anonymity and confidentiality; it is necessary to prohibit the diffusion of any kind of information on the identity of the child, to use the system of trials behind closed doors and to allow the deletion of crimes from judicial records when the child becomes adult.
  6. Juvenile justice system – principles (2)  the principle of detention as a measure of last resort: only after all other measures have been exhausted and only when justified to reduce a relevant threat which the child poses to society. (Alternative measures to detention are provided for in the law). the principle of selection of the criminal proceedings: if the crime is of minor importance, the judge may order acquittal for irrelevance of the fact.
  7. Juvenile justice system – main actors The Department of Juvenile Justice and the Community (DGMC) deals with the protection of the rights of children and young adults, from 14 to 25 years (provided that the crime was committed by a minor), subjected to criminal measures and pursuing the goal of social reintegration. Professional figures such as: social workers, educators, psychologists are included in the juvenile structures.
  8. Juvenile justice system – main actors Currently, the DGMC is organized as follows: (12) Juvenile Justice Centers (CGM) (17) Criminal Institutes for Minors (IPM) (29) Social Service Offices for Minors (USSM) (28) First Reception Centers (CPA) (12) Ministerial Communities (4) Multi-purpose centers.
  9. Juvenile justice system – main data Against a total of 13,919 minors and young adults (12,465 males and 1,449 females) in charge of the USSM for the execution of a provision and / or for social investigations and treatment projects: - 11,794 minors and young adults in the external penal area (about 85%) - 1,447 in residential child services (about 10% of the total) out of which: - 958 present in the private communities - 462 detainees in juvenile penal institutions (IPM) – (about 3% of the total) - 22 present in the ministerial communities - 5 in the first reception centers (CPA)
  10. Good practice in alternative measures: probation The alternative measure of probation was introduced for the first time in Italy by the D.P.R 448/1988 with the aim of improving the chances that children will not be detained, in line with the principle of detention as a measure of last resort. It is the most innovative legal institution of the juvenile criminal trial, aimed at allowing an effective change of the boy, which may involve, in case positive outcome of the test, the extinction of the crime. With the suspension order the judge entrusts the boy to the services of Juvenile Justice and Community that, in collaboration with local services, carry out activities of observation, treatment and support..
  11. Good practice in alternative measures: probation The project must be: consensual (the acceptance of the measure and the project by the child is an essential prerequisite that facilitates its positive execution); adequate (to the personality of the child, to his/her personal, social and cultural abilities, to the type of crime, to the extent of the injury); feasible (including targets to be met, commitments by the minor and specific ways of involving the family of the child, juvenile justice operators and local authorities); flexible (flexibility allows the project to be reshaped during construction if unexpected events occur, if the needs of the child change).
  12. Education in the juvenile justice system: general principles • the rules of the juvenile criminal procedure code must be applied "in a manner appropriate to the personality and educational needs of the minor" (Article 1 of Presidential Decree 448/88); • in applying any precautionary measures, the judge must always take into account "the need not to interrupt the educational processes in place" (Article 19 of Presidential Decree 448/88); • in adopting every measure the judge can impose "specific prescriptions concerning the study or work activities or other activities useful for his education“ (art. 20 Presidential Decree 448/88)
  13. Education in the juvenile justice system: general principles • the criterion of choice by the judge in applying a custodial sentence or a substitute sentence is based on the examination "of the personality and needs of work or study of the minor" (Article 30 of Presidential Decree 448/88); • the communities in charge of accepting minors as a precautionary measure must guarantee an "educatively significant" conduct and climate (Article 10 D. Law n. 272/89); • the public prosecutor can not proceed to the direct judgment or request immediate judgment in cases where this seriously affects the educational needs of the minor (Article 25 of Presidential Decree 448/88).
  14. Re-education in prison -Education constitutes one of the elements for the implementation of rehabilitation treatment in prison, as also established by the Penitentiary Order (Article 19) which guarantees a “the organization of compulsory school courses and of professional training” -In the Penitentiary Institutes courses of school education and vocational training are organized and university studies are facilitated
  15. Inter-institutional agreements to guarantee the right to education of minors writers of the crime and young adults Agreements between the Ministry of Justice and other ministries and institutions, including the Ministry of Education (at national and regional level), the Ministry of the Interior, etc.
  16. Examples of educational projects 1)"Youth and Legality" Project born from the collaboration of the DGMC and MIUR, funded by the Ministry of Labor and Social Policies under the Youth Guarantee Program "Youth Employment Initiative". The project envisages individualized training courses according to the needs, attitudes, background and skills actually held by each individual recipient. 2)"A participatory path toward reintegration" project in the framework of the JUST 2015 European Program. The project is the continuation of a previous activity called "The rights of children behind bars", which led to the development of a practical guide to be used during visits to juvenile detention facilities 3)"ESM-YA - Education for Sentenced Minors and Young Adults" Project, realized within the European Erasmus Plus Program 2014-2020. It intends to promote and develop the social and work reintegration of young people included in the criminal circuit by experimenting with new educational methods and intervention strategies
  17. Examples of education projects 4) "The route of Legality 2017” project, a training course designed to offer a facilitation of integration into the working world, through the learning of a sport activity. 5) "The path of the sea 2017” project. This is a residential service, aimed at minors from the penal circuit and to disabled people, characterized by an idea of permanent service based on the concepts of sharing, relational proximity, innovation. For this reason, the path is based on the experience of integration and sharing with people with disabilities.
  18. Critical elements of education in the juvenile justice system continuous turn over of the young people hosted in the IPM constitution of extremely heterogeneous class groups difficulty of those enrolled in attending the entire school year and obtaining the formative credits or the diploma at the end of the course psychic, physical and emotional state of young people subject to imprisonment variability in the organization of "school time" and "school space" in individual national IPMs difficulty in the activation of informal or formal network agreements and collaboration of the school with the institutions and associations present in the area difficulty in ensuring the right to education and professional training of child offenders through greater contacts with the outside world.
  19. Thank you for your attention!