Youth Justice: The Role of Evidence and Fundamental Children's Rights

• In Event: Legal Insights into Juvenile Justice Issues

Abstract

It is essential that law and policy take into account scientific evidence and fundamental rights. Still, many other factors play into policy choices, including practices, historicity, incidents, media, public opinion and ideology. Both scientific evidence - the ‘what works’ question - and a human and children’s rights approach came to the fore and were put on the agenda at about the same period in time, and were subsequently influential in discussions about (reforming) youth justice systems. However, this scientific evidence and fundamental rights can be used in a myriad of ways, i.a. instrumental, conceptual, symbolic.
In this contribution, based on examples from Belgium and the Netherlands, we will look at the extent to which scientific evidence and children’s rights have, could have or should have an impact on youth justice politics and policy, related to political choices, legislative decisions, implementing policy and putting these policy decisions into practice.

Authors

• Johan Put, Leuven Institute of Criminology & Institute for Social Law (KU Leuven)

• Stefaan Pleysier, Leuven Institute of Criminology (KU Leuven)