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Tuesday 7th of April 2020

Press Room

EU-Wide consultation on detention

Tuesday 17th of January 2012
IJJO Day by Day
In November 2011 the IJJO took part in an EU wide consultation promoted by the European Commission with regards to the application of penal legislation in the field of detention, sharing its views and expertise in order to promote the use of alternatives to detention.

As a matter of fact, in accordance with the Convention on the Rights of the Child (Article 37), the IJJO advocates in favor of considering detention as a measure of last resort and promotes alternatives and diversion measures instead of the deprivation of liberty of the minor.

In this context, to guarantee a working judicial cooperation as well as the effective respect of fundamental rights within the European Union, the DG Justice of the European Commission published a Green Paper entitled “Strengthening mutual trust in the European judicial area – A Green Paper on the application of EU criminal justice legislation in the field of detention” and simultaneously launched an EU-wide consultation on detention conditions. The latter aimed at exploring more closely the links between detention issues and mutual trust in the EU’s area of justice. Yet, it also aimed at paying more attention to alternatives to detention, especially when it comes to children.

Thus, the International Juvenile Justice Observatory submitted in November 2011 its contribution to the EU-wide consultation launched by the DG Justice on the Green Paper entitled “Strengthening mutual trust in the European judicial area – A Green Paper on the application of EU criminal justice legislation in the field of detention”.

In this way, the IJJO focused its contribution on the questions related to alternatives to pre-trial detention and came up with an answer developed with care and attention to the question N.8 dedicated to the available specific alternatives measures to detention that could be implemented in respect of minors with a judicial measure. Moreover, it provided the European Commission with an electronic copy of the Green Paper developed by the Academic Section of the European Council for Juvenile Justice – “Measures of Deprivation of Liberty for young offenders: how to enrich International Standards in Juvenile Justice and promote alternatives to detention in Europe?” – as the latter addresses issues directly related to the present consultation.

Furthermore, the IJJO participated in the interchange of views, ideas and perspectives with other NGOs and relevant stakeholders such as the Open Society Institute or the Quaker Council for European Affairs in order to effectively answer the aforementioned consultation and properly address the challenges set up by the Green Paper published in June 2011.

As a result, the International Juvenile Justice Observatory provided the European Commission, and more specifically the DG Justice, with a series of comments and suggestions, good practices as well as a certain expertise in the field of criminal justice of minors, juvenile justice and Children’s rights addressing various and yet equally important matters such as: deprivation of liberty, the proper implementation and respect of international standards, non-custodial measures, community-based sanctions or the situation of children deprived of liberty within the welfare or health system, whose well-being is often not taken into consideration whenever such consultation are launched.

All in all, through this consultation, the IJJO is really keen on supporting the rights of children in contact with the law and finally contribute to a juvenile justice without borders together with the promotion of diversion measures instead of the deprivation of liberty of children in conflict with the law.

Measures of Deprivation of Liberty for young offenders: How to enrich International Standards in Juvenile Justice and promote alternatives to detention in Europe? - IJJO Green Paper on Child-Friendly Justice


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  • International Juvenile Justice Observatory (IJJO). Belgian Public Utility Foundation

    All rights reserved

  • Head Office: Rue Mercelis, nº 50. 1050. Brussels. Belgium

    Phone: 00 32 262 988 90. Fax: 00 32 262 988 99. oijj@oijj.org

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