Tackling radicalisation of children: Balancing fundamental rights, child protection and public safety

• In Event: EXTR4 Terrorism and Extremism: Legal perspectives and the courts

Abstract

Tackling radicalisation of children forms a crucial element of the Dutch counter-terrorism strategy. This strategy takes shape at the municipal level and aims at early identification and tailored intervention for children at risk of radicalisation. Interventions that can be imposed in this context vary in intensity and degree of coercion and have different fields of law as a legal basis: interventions based on administrative law, criminal law and civil child protection law can be employed. Administrative preventive measures can be imposed to limit the child’s freedom of movement if considered necessary for the protection of public safety. Juvenile justice proceedings are available when the radicalisation results in actions that violate criminal law. Finally, child protection orders can be applied to protect children against serious threats to their development.
Each of these interventions, however, interferes with fundamental rights of children, in particular freedom of thought, conscience and religion, freedom of expression and – depending on the concrete legal instrument – respect for private and family life, freedom of movement, and the right to personal liberty. Besides, the choice of an intervention that is applied in an individual case, and consequently the choice of a specific field of law, has a substantial influence on the extent to which various interests at stake are protected. However, due to a wide discretion when deciding which instrument will be applied in a specific case and due to a lack of a clear (legal) framework, it is uncertain on what grounds these decisions are made and which interests are pursued. Therefore, interviews with professionals were conducted to examine how radicalication of children is perceived in practice, and what this means for the intervention of the state in this context, and – consequently – the rights of children.

Author

• Nina van Capelleveen, PhD candidate, Leiden University