Education for children in
the juvenile justice system
Elisa Vagnoli and Erika Bernacchi,
Istituto degli Innocenti

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

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

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.

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.

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.

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.

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.

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)

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..

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).

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)

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).

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

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.

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

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.

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.

Thank you for your attention!