Belgium is
trying to clamp down on juvenile offenders.
But are the law reforms propOsed the right way to go about it?
Belgium's battle against youth crime
A draft law designed to make it easier to punish
juvenile offenders — and adults that aid and abet them — has sparked a
wide-ranging debate among Belgium's politicians, jurists, children's
advocates and psychologists over the right way to deal with young
criminals.
While proponents of the move say reform is long
overdue, others are worried that it will strip all young people of
important civil rights. Still other critics argue that stigmatising
young criminals will do more harm than good. Though the law in one form
or another is set to take effect later this year, the fate of Belgium's
long-standing youth-protection law still hangs in the balance.
Youth prisons
Last week, senior members of the Belgian cabinet approved a plan drawn
up by Justice Minister Marc Verwilghen making it possible for persons
aged 16 and over accused of committing serious crimes to be tried as
adults, and to be sent to federal youth prisons during and after trial
if found guilty. It also calls for more severe prosecution and
punishment of adults who force minors to commit crimes, even if the
adults do not commit any crimes themselves. The plan got the green light
despite opposition from the Green and Socialist parties.
"The point of this law is to give magistrates more
equipment to prosecute and eventually punish those who commit crimes,"
said Joannes Thuy, a spokesman for Verwilghen, a member of the ruling
Flemish Liberal (VLD) party. Thuy said the government believes the new
measures will act as a deterrent to both juveniles and adults who
recruit young people to partake in criminal acts. "It's a very clear
sign that the Belgian government means business."
Power for judges
But the reform also aims to give judges more tools to deal with
offenders found guilty of less serious offences. It would, for example,
allow judges to impose alternative punishments to those aged 12 and
older, tailored to fit the accused person's personal circumstances.
These might include reparation to victims, community service or payment
of a fine.
The plan is aimed at modernising Belgium's
youth-protection law, which dates back to 1965. Though the philosophy
behind the plan is essentially the same as the law currently in place,
there is one important difference. Under the new system, judges will be
allowed to hand down a punishment based on the gravity of the crime
committed.
While proponents of the reform say they have no
intention of scrapping the 1965 law, human rights and children's rights
campaigners will be watching closely. Green Party officials have pledged
to remain "vigilant" as the law is transposed.
"It's a victory that we won't touch that law for now,
but this reform represents a huge regression for young people's rights,"
said Julien Pieret, legal counsellor to the Lique des droits de l'homme
(League of Human Rights) for Belgium's French-speaking community.
Children and adults
Some psychologists also question whether trying young accused
criminals as adults does much good. In an interview with Belgian daily
newspaper Le Soir, French psychiatrist Patrice Huerre points out that 95
percent of young convicted criminals still want to do something positive
in the future. Huerre, who runs a clinic for adolescents in Paris, said
it's up to adults to reassure these 'fragile' adolescents that violence
is not appropriate.
Nationwide statistics about juvenile crime are hard to
come by, but in 2000 there were 947,000 juvenile delinquents in the
French-speaking community. The most common crime was theft (68 percent),
followed by drug use (23 percent) and assault (20 percent). In part, the
government's new plan will make it easier to gain an oversight of the
entire system, because the juvenile-detention system will be changed
from a regional to a federal system.
Thuy, the justice ministry spokesman, dismissed
criticism from human rights groups, saying, "When persons commit a crime
isn't that a violation of human rights?"
Renee Cordes
14 September 2005
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