Sanctioning Parents for the Crimes Committed by their Child: Hurdles and Concerns

• In Event: Legal Insights into Juvenile Justice Issues

Abstract

Parents are considered to have the primary responsibility for their child. When a child commits a crime, there is a growing trend to hold not only the child but also the parents responsible. In both political debate and legislation, parents are increasingly approached in a punitive and sanctioning manner. However, taking into account human rights and children's rights instruments at the international and supranational levels, as well as the results of empirical research, some hurdles and concerns can be identified with regard to punishing parents for the crimes committed by their child. These hurdles are on the one hand more fundamental and legal, e.g. the concepts of individual criminal responsibility and proportionality. On the other hand, the concerns are more practical, e.g. empirical research that nuances the effect of (sanctioning) parents on their child's delinquent behavior. This presentation will distinguish various hurdles and concerns (both legal, fundamental and empirical) when it comes to sanctioning parents of juvenile delinquents and present a framework for national laws and policies on the subject. Current trends in Belgium (comparable to other countries in Western Europe) will be used as an illustration.

Author

• Ninne Menten, KU Leuven