Criminal Justice-JUST/2013/JPEN/AG/4498 project: ALTERNATIVE TRACKS – integrated approach to minors offenders and their families “ " This project was funded

Criminal Justice-JUST/2013/JPEN/AG/4498 project: ALTERNATIVE TRACKS – integrated approach to minors offenders and their families “" This project was funded by the European Union "

This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus

and can in no way be taken to reflect the views of the European Union.

Presentation



ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO

2015




The present document, in the form of a Handbook, has a European scope and refers to the fundamental Principles and practices that are used, or should be used, in all the International and, particularly, European juvenile justice systems. This is also the product of comparative research on juvenile penal systems and best practices used to protect the minors who started the criminal circuit and guarantee the recognition of their rights of protection and security, albeit in the logic of liability and sanction.

The choice of a European-oriented handbook is dictated by a need emerged from the research itself and from the comparative study. This need is the facilitation and development of a sense of European membership to an organic policy about juvenile justice, not only for the Principles but also for practices and good practices that are used.

In fact, the phenomenon of deviance and the juvenile justice system in some European countries (Italy, England, Portugal, Greece, Bulgaria and Romania) is a complex and structured dimension, which incorporates, essentially, cultural, historical and social elements that partially differ from country to country.

The starting point of the handbook is the assumption that the European Union represents a track and a fundamental and inevitable path, also within the area of fundamental rights for children and adolescents, particularly for children, of imputable age, who experienced the juvenile penal trial.




In the European context, the Convention on the Children's right, the Strasbourg's Convention on the exercise of children's rights, the European Union Charter of Fundamental Rights, the guidelines for a child-friendly justice adopted by the Council of Europe, have the specific purpose to ensure that justice be always sensitive towards children, regardless of who they are or what they have done As a consequence of the experience of the carried out research, it emerges in the individual States (those involved in the research) a diversity of politics and administration of juvenile justice, though with a common European approach. So, in some national contexts more statistical data are provided concerning the treatment of minors in conflict with the law, than practices of prevention and alternative sentences.However, although major legal, preventive and socio-educational inclusive practices have been enabled within the European context, it is clear that a lot of work needs to be done to ensure the sustainability of good practices.

In those countries, where the democratic process is younger and where the juvenile justice system clashes against economic, socio-cultural and educational problems, additional investments must be carried out on the exchange of good practices and on the comparison of national juvenile justice (for example, instead of the implementation of freedom restrictive measures, the investment should be made towards alternative measures such as diversion and restorative justice, which are not fully spread, yet).




The examination and identification of performances in the field of juvenile justice, of those countries that joined the research, is the reason of this Handbook, which aims at providing, on the one hand practical guidance with respect to procedures and principles of working with the minor within the penal circuit; on the other hand, far from being thorough, it aims at promoting and developing an organic view on the juvenile justice in Europe, focused on policies and practices of prevention and contrast of juvenile delinquency.These instructions and causes for reflection are addressed to management institutions and organization of juvenile justice, to facilities and services intended for the protection and guarantee of the rights for minors involved in the criminal justice system as suspects, convicted or witnesses, to the various professionals working in the juvenile justice system and to children themselves.

The methodology used was integrated and compared in relation to the indications of European Principles and Practices on juvenile criminal justice.




2015

Justice should be child-friendly. It should not walkbefore them, because they may not follow it. It should not

walk behind them, because children should not have theresponsibility to choose the path. Justice should walk

next to them and be their friend.

Maud de Boer BuquicchioGeneral vice-secretary

Council of Europe

OPERATIVE HANDBOOK FIRST PART




The Recommendations should be intended as an operational tool, namely a guide for the analysis and the planning of a child-friendly action inside the

juvenile justice system, that must be aware, effective and methodology-based.

The structure of the Recommendations is divided into:• Minimum standard: Essential requirements are outlined, including minimal and essential

actions, intended for an effective recognition and guarantee of children and adolescents' rights. In other words, this is the basic minimum level under which the individual Institution, organization, structure or the service of prevention, juvenile justice, protection of childhood and adolescence, should never go;

• Strong recommendation: It shows the optimal actions that the Institution, organization, structure or service should implement in order to reach higher levels of efficiency in matters of juvenile justice. It is essentially the best level we can currently delineate, based on the experiences carried out in Europe;

• Suggestions: Eventually, for some points (such as the one related to alternative measures to penal trials and penalties) some suggestions are provided. This can be further processed and customized by each institution and organization of juvenile justice.

Public and Private Institutions operating in Social sector, can refer to the Recommendations in their entirety, or by focusing on some aspects of greater interest or importance for the specific context




Principles for the recognition of the fundamental Rights of juvenile justice for a child-friendly Justice, before, during and after judicial

proceedings

PARAMOUNT INTERESTS OF THE CHILD AND THE RULE OF LAW

IMPUTABLE AGE

RIGHT TO PARTICIPATION

PROTECTION FROM DISCRIMINATION AND

OPERATOR’S TRAINING

2015




RULES FOR A REGULAR EXECUTION OF WORKING ACTIVITIES INSIDE AND OUTSIDE OF STRUCTURES HOSTING JUVENILE

OFFENDERS

Nothing is left to "chance" and to improvisation because the "chance" wanted our kids to grow up without rules and it is unfair, for those who stand as their guide, to disregard the basic rules of good working practice.

OPERATIVE HANDBOOK SECOND PART

GOOD PRACTICE MODEL




The opportunity of a handbook or vademecum is included in the term itself, or rather, in its etymological Latin root, "vade - mecum", that is "go with me", in order to indicate something that you take with you and of easy use. Therefore, the handbook is to be thought as a little guide, that is a collection of frequently used indications, which are necessary for the execution of activities by those who have to operate them.

School or University preparation may be not sufficient, as well as appeal to personal intuition to tackle routine situations efficiently. It is compulsory to conform to established rules, derived from daily practice and years of hard work.

Moreover, every type of human aggregation cannot live without a set of rules governing relations between the people who belong to the aggregation and without bodies or persons in charge to supervise the observance of these rules.

This little guide will appeal to all operators of facilities that operate in favor of minors who have committed offences and is divided into three main chapters.




1. RULES OF CONDUCT IN THE

WORKPLACE

2.FUNCTIONAL RULES FOR CARRYING

OUT THE ACTIVITIES

3. PROCEDURES AND FORMS




Rules of conduct in the workplace

The rules below result from the experience and comparison with operators that work within the diurnal socio-educational Centre "Chiccolino" in Bitonto, managed by Eughenia s.c.s. -Onlus and aim at consolidating useful practices in everyday work.

The characteristic of the rules here is, indeed, their concreteness. Such regulations may be subject to change over time, as long as the changes or the addition of new rules are intended to enrich the same Handbook.

Functional rules for carrying out the activities(addressed to users and visitors)

In this chapter there are rules for users in order to carry out daily tasks (institutional and practical training activities)- in an organized manner which respect the hosting places.




Procedures and forms

It is appropriate to introduce this chapter discussion recalling that every person is led by his own nature to seek the help and collaboration of his fellows. Cooperation between different persons allows the achievement of results otherwise inaccessible to the individual.

It also promotes a better division of working activities and gives the possibility that each one will dedicate to activities in accordance with his aptitudes.

This chapter aims to facilitate the application of the rules, previously listed, providing, to those who work within the structure, the necessary tools.




Example of formDAILY RECORD ATTENDANCE AND LOGBOOK




In the Forms of the ANAMNESTIC ANALYSIS it is important the Personal Data




Important role hasINDIVIDUAL EDUCATIONAL PROJECT ( I.E.P )




This Vademecum is far from being considered an exhaustive list of good practices. It is intended to represent only a starting point, so that during the growth path of our professional journey, we can have guidelines and suggestions to set daily work effectively.

To this end, the present Handbook is always open to improvement modifications previously discussed in appropriate locations.




Objectives of testing the Vademecum ( testing phase)

• reflecting on juvenile justice and care practices for recovery and social and educational reintegration

• standardizing and improving practices and methodologies working with minors in residential and daily facilities (national and international levels)

• introducing in educational and rehabilitative processes alternatives methods of recovery (social/job inclusion, restorative justice, delinquency prevention , familiar and justice mediation, criminal daily centers ...)

• analyzing and evaluating the comparative experiences (international) , the organizational and management in facilities for minor offenders

• improving the professional performance of the operators of the juvenile criminal justice (relational, training, professional skills; Methodological approach anti burnout, ....)

• Improving the involvement of families and responsible stakeholders in the educational recovery

• Improving the involvement of families and responsible stakeholders in the educational recovery

• enhancing and creating new tools and cultural approaches to juvenile delinquency

• supporting the study, the analysis and the research about theory and practice of defense of minors offenders.







The principle of non-discrimination is determined in art. 2 of the UN Convention on the Rights of the Child (along with those of the participation - information and listening of the child, of the paramount interest of the minor and of the principle of dignity and legal protection of the child) is one of the most modern principles where the need to adapt judicial system to the situation of the individual, must not give way to forms of discrimination on the basis of sex, race, age, language, religion, the status of the parents. Therefore, special attention must be given to all social workers who work with children who are in particularly vulnerable circumstances such as migrant, disabled children, street children and institutionalized children.

The European Council, through the guidelines, promotes positive actions designed to compensate the disadvantages suffered by particular groups of minors and to re-establish the principles of sexual, racial, ethnic and social equality. Children's rights must be guaranteed by social workers without discrimination for their belonging to a national minority, wealth, birth, sexual orientation, gender identity or other condition. Other important factors of discrimination in the context of children's rights are their age and ability. Even very young children or minors without full capacity to assert their rights are rights holders.

For these children it is necessary to develop alternative methods of representation in order to avoid discrimination. The training and supervision of all professionals who work with and for the children, who should receive the necessary interdisciplinary training (basic and specialized ) on the rights and needs of minors of different age and on the suitable procedures, results to be crucial.

VALUES AND PRACTICES




SuggestionsIt is important to Ensure the participation, as widespread and specific

information, of the listening of minors (accused, victims and witnesses) in an adequately and protected way (adequate preparation, absence of an audience, discretion in feeling empathy, suitability of questions, care of setting ...), not repetitive, and traumatizing. Further, using tools for recording and videotaping. Introducing and reinforcing integrated measures that involve listening and participation of minors in a better organized way, by intervening on rules and regulations and through activation of measures and projects that promote the active participation, the right of speech and association between minors. Should be promoted Listening and participation of children in the preparation, implementation and evaluation of the listening practices at the different stages of involvement.

The context (services and care facilities) in which the child or adolescent has the right to be listened must be welcoming and encouraging, so that the child or adolescent can be sure that the adult responsible for the listening is willing to listen and seriously consider what the child wants to communicate. The person who will be appointed to the listening may be an adult involved in the matter regarding the child or the adolescent. The listening of the child should be considered as a right and not as a duty to impose to him.

Qualification training for the operators involved in the juvenile justice system, aimed at a respectful treatment of the peculiarities of the individual situation and its subjectivity, harmonization of interdisciplinary knowledge, studies and research on the compared systems of good practice on education, updating and supervision.




DEBATE

Strengths

Weaknesses

chances to succeed and proposals

Documents

Criminal Justice-JUST/2013/JPEN/AG/4498 project: ALTERNATIVE TRACKS – integrated approach to minors offenders and their families “ " This project was funded