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Defence for Children International United Nations Guidelines for the Prevention of Juvenile Delinquency – Riyadh Guidelines
The Content of the GuidelinesWe already mentioned in the introduction that, to our minds, the United Nations Guidelines for the Prevention of Juvenile Delinquency have three main characteristics: 1.they are very comprehensive; 2.they promote a pro-active approach of prevention; 3.they consider children to be fully-fledged participants in society. In analysing these guiding principles, the contents of the Guidelines themselves will be explained. We discuss these principles separately, though their interdependence is evident. ComprehensivenessThe Guidelines deal with almost every social area: the three main environments in the socialization process (family, school and community); the mass media; social policy; legislation and Juvenile Justice administration. General prevention (art. 9) has to consist of “comprehensive prevention plans at every governmental level” and should include among others mechanisms for the coordination of efforts between governmental and non-governmental agencies; continuous monitoring and evaluation; community involvement through a wide range of services and programmes; interdisciplinary cooperation; youth participation in prevention policies and processes. On several occasions, it has been stressed that prevention policies should be primarily general policies for all young people: “educational and other opportunities to serve as a supportive framework for the personal development of all young persons“. The chapter on the “socialization processes” is introduced in article 10: “Emphasis should be placed on preventive policies facilitating the successful socialization and integration of all children and young persons, in particular through the family, the community, peer groups, schools, vocational training and the world of work, as well as through voluntary organizations”. The comprehensive character of the Riyadh Guidelines is also interesting because of the link it suggests with the purpose of the UN Convention on the Rights of the Child (1989). Comprehensiveness is, there again, one of the main features. The common aim is to improve the overall situation of children. Moreover, the Guidelines also stress the importance of such policies in crime prevention. Pro-active approachPrevention, as expressed in the Guidelines, has to focus on upgrading the quality of life, the overall well-being, and not merely on the immediate restriction of well-defined but partial problems. The aim should thus be not just the prevention of ?negative’ situations (a defensive approach) but rather the promotion of the social potential (an offensive approach). The comprehensive character is of course an important expression of that pro-active approach of prevention. More concrete examples can be found in article 6: “Community-based services should be developed Formal agencies of social control should be utilized only as a last resort”. As juvenile justice systems are mostly part of the formal social control system, prevention cannot be limited to efforts within that juvenile justice system as such. Prevention is much more than re-acting to juvenile delinquency ! Article 2 reflects the same approach: “Prevention of juvenile delinquency requires efforts by the entire society to ensure the harmonious development of adolescents, with respect for and promotion of their personality from early childhood”. It should be mentioned that, although there was a certain discussion on the topic, the Guidelines do not specify what the terms child, adolescents, youth, etc. stand for. Perhaps, in accordance with the UN Convention on the Rights of the Child, human beings huntill 18 years of age can be considered to be the first target group of the Guidelines. The pro-active approach is also present in the different topics the educational systems should devote attention to (art. 21): e.g. “teaching basic values and developing respect for the child’s own culture, for the social values of the country in which the child is living, for civilizations different from the child’s own and for human rights and fundamental freedoms“ Promotion of human rights is the best tool for “peace” keeping; it was already stated in the first paragraphs of the United Nations Charter (1945). “Young persons and their families should be informed about the law and their rights and responsibilities, as well as the universal value system, including United Nations instruments” (art. 23). And what about the mass media? “The mass media should ensure that young persons have access to information from a diversity of national and international sources” (art. 40). “The mass media should portray the positive contributions of young people to society” (art. 41). “Information on services, facilities and opportunities for young persons should be disseminated” (art. 42). Articles 52 and 57 should be mentioned in particular. Article 52: “Specific laws and procedures should be enacted and applied to promote and to protect the rights of all young persons”. Article 57: “Consideration should be given to establishing an office of ombudsman or similar independent organ, to ensure that the status, rights and interests of young persons are upheld”. Here again the link with the UN Convention on the Rights of the Child is very clear. At the same time these articles summarize, through the (human) rights concept, the structural approach on which pro-active handling and thinking is based. A structural approach of social reality tends toemphasise the parallelism between values, standards and patterns as the basis of a society on the one hand, and their expression in social structures, in the institutions of society and in inter-human behaviour and relationships, on the other. Here, the analyses of social problems (problems related to inter-human behaviour and relationships) are not aimed at specification; they can emphasise the existence of a common denominator; they are aimed at generalisation. Within this context, prevention is said to modify the structure of a society and the values of a culture. As a result of the structural approach of social reality, the promotion of the legal status of children (i.e. the recognition of their legal capacity Cfr. children’s rights) and the multiplication of their chances of self-determination and of participation in democratic decision-making have become main centres of attention. The issue of participation will lead us to the third guiding principle of the Riyadh Guidelines. However, it is important to remark that the Guidelines also deal with ?special’ situations and ?special’ groups of people. Yet, only after having stressed the general approach first, and only if this would not be successful or satisfactory, a special approach should still remain possible. Even delinquents are in the first place human beings, citizens. For example, after having explained the challenges of the educational system in general, article 24 states: “Particular attention should be extended to young persons who are at social risk, utilizing specialized programmes and educational materials”. Article 30 provides: “Special assistance should be given to students who find it difficult to comply with attendance codes and to drop-outs”. Article 38 states: “Government agencies should take special responsibility and provide necessary services for homeless children or street-children; information about local facilities, accommodation, employment and other forms and sources of help should be made readily available to young persons”. Other particular situations considered in the Guidelines are, for example, child abuse (art. 53, art. 49); demeaning and degrading presentations in the mass media (art. 43); drug abuse (art. 44, art. 45, art. 59). Article 58 deals with the important issue of training. It stresses that “Law enforcement and other relevant personnel, of both sexes, should be trained to respond to the special needs of young persons and should be familiar with and use, to the maximum extent possible, programmes and referral possibilities for the diversion of young persons from the justice system”. ParticipationWestern history shows that children have not always been considered in the same way. Cross-cultural research can teach us a lot about different images of the child,. The present prevalent opinion, especially in Western countries, is that children belong to a ?separate social category’, the ?not-yet-beings’. Over the last decades, however, this image of the child has been turned into a topic of real discussion for a variety of reasons. However, despite the Children rights’ movement for saving children, itself as a result of the currently dominant child image, the situation of the world’s children has not improved that much. On the positive side, people stress among others the ontological principle that the child is in the first place a human being and not an object. This discussion takes place in almost all social and legal areas where the child is involved. One of the trends expresses an increased respect for the fully-fledged social and legal position of the child: the child as a fully-fledged participant in society. The Riyadh Guidelines are very good examples of how this particular trend can be reflected in rules. Article 3 (Fundamental Principles) starts with the statement that “A child-centred orientation should be pursued. Young persons should have an active role and partnership within society and should not be considered mere objects of socialization or control”. It is impossible to mention all stipulations which go in the same direction. We limit ourselves to the most challenging examples, such as article 10, which is essential for all areas of socialisation: “Due respect should be given to the proper personal development of children and young persons, and they should be accepted as full and equal partners in socialization and integration processes”. Or article 31 which states: “School policies should be fair and equitable, and students should be represented in school policy, including policy on discipline and decision-making”. A last example is taken from the chapter on social policy: “young persons should be involved in formulation and implementation of prevention programmes”. Perhaps these different examples appear to be very evident. However, considerations about children as fully-fledged participants are rather new in the legislation process, especially within the context of prevention of juvenile delinquency.
Guidelines
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