scholarly journals Justice system and juvenile deviance after the Covid-19 pandemic. Educational paths between school promotion and re-education

2021 ◽  
Vol 21 (3) ◽  
pp. 273-287
Author(s):  
Emanuela Guarcello ◽  
Giulia Gozzelino

Starting from the concept of social justice and from universal children’s rights (UN, 1989), the contribution questions the role of education in enhancing the originality and uniqueness of each one and in restoring responsibility and dignity to fragile (Milani, 2019), difficult (Bertolini ,1993) and deviant (Vico, 1988) young people. In a complex contemporaneity, tested by pandemic’s sufferings and restrictions, the pedagogical look underlines the importance of reconstructing – starting from school – promotional, capacitating and justice-oriented paths. Deviant acts are read in the light of a broad social responsibility. We propose the empowerment of an educating community (Agazzi, 1968) aimed at participation, dialogue (Freire, 2002) and assumption of an active and inclusive citizenship. The juvenile penal system is collectively rethought, favouring diversion from prosecution, mediation, reparation and probation strategies.   Giustizia e devianza minorile dopo la pandemia Covid-19. Percorsi alternativi tra promozione scolastica e rieducazione.   Partendo dal concetto di giustizia sociale e dai diritti universali delle bambine, dei bambini e degli adolescenti (UN, 1989), il contributo si interroga sul ruolo dell’educazione nel valorizzare l’originalità e l’unicità di ciascuno e nel restituire responsabilità e dignità ai soggetti fragili (Milani, 2019), difficili (Bertolini, 1993) e devianti (Vico, 1988). In una contemporaneità complessa, provata dalla sofferenza e dalle restrizioni della pandemia, lo sguardo pedagogico sottolinea l’importanza di ricostruire, a partire dalla scuola, percorsi promozionali, capacitanti e orientati alla giustizia. Si rileggono gli atti devianti alla luce di un’ampia responsabilità sociale e si propone l’empowerment di una comunità educante (Agazzi, 1968) volta alla partecipazione, al dialogo (Freire, 2002) e all’assunzione di una cittadinanza attiva e inclusiva per ripensare collettivamente il sistema penale minorile privilegiando deviazioni dall’accusa, strategie di mediazione, di riparazione e di messa alla prova.

Youth Justice ◽  
2020 ◽  
pp. 147322542090284 ◽  
Author(s):  
Roger Smith

This article draws on historical understandings and contemporary models of diversion in order to develop a critical framework and agenda for progressive practice. The argument essentially revolves around the contention that typically diversionary interventions have been constrained by the contextual and ideological frames within which they operate. They have in some cases been highly successful in reducing the numbers of young people being drawn into the formal criminal justice system; however, this has largely been achieved pragmatically, by way of an accommodation with the prevailing logic of penal practices. Young people have been diverted at least partly because they have been ascribed a lesser level of responsibility for their actions, whether by virtue of age or other factors to which their delinquent behaviour is attributed. This ultimately sets limits to diversion, on the one hand, and also offers additional legitimacy to the further criminalisation of those who are not successfully ‘diverted’, on the other. By contrast, the article concludes that a ‘social justice’ model of diversion must ground its arguments in principles of children’s rights and the values of inclusion and anti-oppressive practice.


Author(s):  
David B. Thronson

Citizenship plays a larger and more critical role in the life of children than it should. Children who lack citizenship are incredibly vulnerable to exploitation. In the migration context, a child’s citizenship can be largely determinative of where and with whom a child lives. Despite a modern children’s rights framework that recognizes the humanity and autonomy of children, citizenship and nationality still form an integral part of a child’s identity and play a critical role in a child’s development. It has a pervasive impact in securing other rights for children and can be a central factor in a child’s cultural and linguistic background, education, economic and environment exposures, and virtually all aspects of a child’s daily life. This chapter examines children’s right to citizenship and explores the ongoing crisis of statelessness that undermines these rights. It reviews the role that citizenship plays in both voluntary and forced migration of children, child-specific protections found in both universal and regional human rights frameworks, and the role of children’s citizenship in promoting family unity.


2021 ◽  
Vol 29 (4) ◽  
pp. 835-871
Author(s):  
Nicola Fairhall ◽  
Kevin Woods

Abstract Children’s rights are set out in the United Nations Convention on the Rights of the Child. This systematic literature review aimed to investigate children’s views of children’s rights, at a broad level. Nine papers were included, from a range of countries and contexts. They all accessed the views of children and young people (aged up to 18 years). A content analysis was carried out using a recursive process of hybrid aggregative-configurative synthesis, and themes within children’s views and factors that may affect these were identified. These were ‘awareness of rights’, ‘value placed on (importance of) rights’, ‘impact of having/not having rights fulfilled’, ‘realisation and respect of rights’, ‘equality of rights’, ‘identifying and categorising of rights’, and ‘factors that may affect children’s views’. These were developed into a progression of rights realisation and implications for practice and further research were considered.


2016 ◽  
Vol 41 (3) ◽  
pp. 38 ◽  
Author(s):  
Rachel Caplan ◽  
Colleen Loomis ◽  
Aurelia Di Santo

<div class="page" title="Page 1"><div class="section"><div class="layoutArea"><div class="column"><p><span>A “rights-integrative approach to early learning” has been </span><span>proposed as a foundation for curriculum frameworks. Building </span><span>on this work we conceptually explored the complementarity </span><span>and compatibility of children’s rights to autonomy, protection, nondiscrimination, and participation, with community-based values of prevention and promotion, empowerment, diversity, and civic participation. We argue that it is necessary to infuse a rights-based approach with community-based values in early childhood curriculum frameworks to promote social justice for children as individuals and as a relational community. </span><span>Our proposed expanded conceptual framework may be useful </span><span>for evaluating early learning frameworks, nationally and internationally, from a rights-based social justice perspective. </span></p></div></div></div></div>


2015 ◽  
Vol 17 (3) ◽  
pp. 61-77
Author(s):  
J Hernon ◽  
M Brandon ◽  
J Cossar ◽  
T Shakespeare

Research has established that disabled young people are at greater risk of experiencing all forms of maltreatment, especially neglect (Jones et al, 2012). Despite increasing awareness of their heightened vulnerability, the maltreatment of disabled children remains under-recognised and is under-reported. Disabled children have the same rights as all children to be protected from maltreatment; to have their concerns listened to; to participate fully in decisions made about them; and to receive help to recover from maltreatment. In this paper Cossar et al’s (2013) framework for understanding the processes of recognition, telling and receiving help following maltreatment from the child’s perspective, is applied to disabled children. The particular barriers that disabled children and those working with them face in recognising and responding to maltreatment are analysed by reviewing what is known about child protection practice with disabled children, mainly in the UK. Suggestions are made about how practice with disabled children could be improved.


2018 ◽  
Vol 26 (1) ◽  
pp. 38-60
Author(s):  
Liam Cairns ◽  
Seamus Byrne ◽  
John M. Davis ◽  
Robert Johnson ◽  
Kristina Konstantoni ◽  
...  

This paper analyses the views and preferences of children and young people who experience barriers when attempting to engage with schools and schooling. It specifically considers processes of formal and informal exclusion and the manner in which “stigmatised” children are treated within a system where attendance to children’s rights is, at best, sketchy and at worst – downright discriminatory. The paper poses a number of critical questions concerning the extent to which the views of children are given due weight in decision-making processes in schools, whether the background a child comes from affects the way school staff listen to them and whether school rules act as a barrier or enabler for children’s rights. In turn, these questions are related to what educational processes might look like that place due weight on the views of children, what cultures create barriers to listening in practice, and what we can learn from children’s overall experiences. The paper presents findings from a participatory empirical peer research project (funded by a Carnegie Research Incentive Grant and the University of Edinburgh Challenge Investment Fund), conducted with and by young people in schools in Scotland and the north of England. This paper is innovative as it is the product of collaborative working between academics at the University of Edinburgh, staff at Investing in Children and the young researchers who co-authored this article for publication.


2018 ◽  
Vol 55 (1) ◽  
pp. 115-124 ◽  
Author(s):  
Serhat Yilmaz ◽  
James Esson ◽  
Paul Darby ◽  
Eleanor Drywood ◽  
Carolynne Mason

Children who interact with football’s recruitment and transfer processes encounter a complex web of regulations and practices. Debates over how to ensure that the interests and well-being of young football players are adequately protected, and that risks to their rights and welfare are identified and addressed, have become a topic of academic, political and media concern. This commentary article provides an overview of the Fédération Internationale de Football Association (FIFA) regulations concerning the mobility and representation of minors in player recruitment processes, in particular the Regulations on the Status and Transfer of Players and the Regulations on Working with Intermediaries. We examine these regulations through the lens of the United Nations Children’s Rights Conventions (UNCRC). In so doing, the article demonstrates how football’s regulatory frameworks and commercial practices inadvertently yield consequences that operate against the best interests of children involved in the sport. To counteract this, it is proposed that all planning, implementation, monitoring and evaluation of regulations involving the recruitment and transfer of young people should be explicitly informed by globally accepted standards of children’s rights, such as the UNCRC. More specifically, it is argued that FIFA should adopt an approach that places the child at the centre of regulatory frameworks and characterises the child as a ‘rights holder’.


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