Christian Bochmann, Recommendation No. R (1988) 6 in:

Christian Bochmann

Entwicklung eines europäischen Jugendstrafrechts, page 349 - 352

1. Edition 2009, ISBN print: 978-3-8329-4057-7, ISBN online: 978-3-8452-1343-9

Series: Kieler Rechtswissenschaftliche Abhandlungen (NF), vol. 56

Bibliographic information
349 Anhang 2.6: Recommendation No. R (1988) 6 RECOMMENDATION No. R (88) 6 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON SOCIAL REACTIONS TO JUVENILE DELINQUENCY AMONG YOUNG PEOPLE COMING FROM MIGRANT FAMILIES (Adopted by the Committee of Ministers on 18 April 1988 at the 416th meeting of the Ministers‘ Deputies) The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, Drawing attention to the principles of the European Convention on Human Rights; Having regard to the multicultural and multiracial nature of most European societies today and the need for Council of Europe member states to make allowance for this when framing their policies; Considering the need for each state to reduce, as much as possible, differences existing between nationals and non-nationals in the participation in the social life of the country of residence; Considering that any policy on juvenile delinquency necessarily entails taking measures to facilitatethe social integration of young people in dif? culty; Considering that, of these young people, those coming from migrant families and in particular second-generation migrants deserve special attention; Considering the need to prevent delinquent behaviour among the latter by giving them equal opportunities for self-ful? lment with the young among the indigenous population and enabling them to integrate themselves fully into the society of the country of residence; Considering that special arrangements should be made to ensure that, when these young people come into contact with the system of justice for minors, the action taken is likely to foster their social integration; Taking into account the work of the European Committee on Crime Problems in the sphere of juvenile delinquency and crime among migrants, namely: Resolution (75) 3 on the legal and administrative aspects of criminality among migrant workers, Resolution (78) 62 on juvenile delinquency and social change, Recommendation No. R (84) 12 concerning foreign prisoners and Recommendation No. R (87) 20 on social reactions to juvenile delinquency, Recommends the governments of member states to take the following measures in legislation and practice in order to avoid any discriminatory treatment of young people coming from migrant families in the juvenile justice system and within the policy of social integration of youth and to help those who have displayed delinquent conduct to derive the maximum bene? t from the measures available under that system: I. Prevention 1. To promote their access to all available institutions and social resources in order to enable them to acquire a social status equivalent to that of other young people; to this end, to give young migrants, in accordance with arrangements laid down in the legislation, the possibility of acquiring the nationality of the country of residence; 2. To promote their participation in all facilities for young people: youth clubs and associations, sports clubs and social services; in this framework, encourage organisations aiming at conserving the cultural heritage of these groups; 3. To offer adequate aid and assistance to these young people and their families when they are in social and family crisis situations; 350 4. To ensure as far as possible that schools which have a certain proportion of these young people among their pupils are provided with special facilities, such as a larger number of teachers sensitive to the questions of migrants and minorities, tuition in the language and civilisation of both the host country and the country of origin, extra support in school work; 5. To ensure, with a view to securing equality of opportunities, that compulsory school attendance is effective for girls as well as boys; 6. To promote the access of these young people, even at a later stage, to training and offer them information and assistance in obtaining and keeping employment. II. Police 7. To ensure that police services, which often constitute the ? rst point of contact with young people in dif? culty, adopt a non-discriminatory attitude during these contacts, taking into account the cultural context in which these young people live; 8. To ensure, consequently, that, in those departments of the police force responsible for juveniles, there are enough police of? cers having specialist training focused on the cultural values and standards of behaviour of the various ethnic groups with which they come into contact, including if possible police of? cers coming from a migrant background, and that all these of? cers may if necessary have recourse to interpreters; 9. To ensure that those departments establish links with associations concerned with these young people, in particular in order to be able to give the latter adequate assistance and guidance. III. Juvenile justice and care system 10. To ensure that these young people bene? t equally with young nationals from innovations in the juvenile justice and care system (diversion, mediation, other new forms of intervention, etc.); 11. To ensure that persons handling cases of minors at the various stages in proceedings are able to communicate in a satisfactory manner with the young migrants on account either of their ethnic origin or of their specialist training; 12. To intensify and ameliorate the contacts between the agents of the criminal justice and care system and families of migrants or other persons from the minor‘s environment in order better to understand the problems of the minor and reach well-founded decisions; to this end, to secure also the assistance of associations concerned with these young people. IV. Interventions and measures 13. To undertake an adequate review of the young person‘s personal and social circumstances, in order to avoid simplistic and automatic „cultural“ explanations, based on cultural values and con? icts; 14. To avoid systematic placing of these young people in institutions by providing the necessary resources in order that non-custodial measures and alternatives to placement and imprisonment are accessible and effectively applied to these young people in the same way as to the indigenous young people; 15. To ensure that educational and social staff are trained in the problems of these young people and include, if possible, members coming from migrant backgrounds, and that they can have recourse to collaborators (professional or voluntary) or to associations with experience in this ? eld; 16. To avoid grouping young people of the same origin in specialised institutions; 17. To ensure that religious convictions and practices, including food practices, of the groups concerned are respected in the course of these interventions; 351 18. To encourage the recruitment of foster families representative of the various communities existing in the national territory so that, if desirable, young people can be entrusted to families of the same cultural origin; 19. To avoid, in principle, the expulsion of second-generation migrants during their minority or later for offences committed during their minority. V. Research 20. To promote research especially on the following subjects: - perception of the juvenile criminal justice system by young migrants and young people belonging to ethnic or cultural minorities; - problems of young people returning to the country of origin and measures to be taken to prevent their possible misadaptation and delinquency; - social and ethnic discrimination and institutional practice; - practice related to reporting facts concerning these groups to the criminal justice system; - discrimination in the reporting of criminality of young migrants by the media; - effects of demographic changes on the labour-market and impact on the position of migrants and the development of criminality; - studies of victimisation of young migrants or young people belonging to minorities, especially by racial attacks; - ethnic monitoring of recruitment and selection of staff working in the juvenile justice system. 352 Anhang 2.7: Recommendation No. R (2003) 20 RECOMMENDATION REC(2003)20 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING NEW WAYS OF DEALING WITH JUVENILE DELINQUENCY AND THE ROE OF JUVENILE JUSTICE (Adopted by the Committee of Ministers on 24 September 2003at the 853rd meeting of the Ministers‘ Deputies) The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, Considering that juvenile delinquency is perceived as a pressing concern in a number of European countries; Aware of the fact that, although overall juvenile crime rates remain more or less stable, the nature and seriousness of juvenile delinquency require new responses and new methods of intervention; Taking into consideration that the traditional criminal justice system may not by itself offer adequate solutions as regards the treatment of juvenile delinquents, given that their speci? c educational and social needs differ from those of adults; Convinced that responses to juvenile delinquency should be multidisciplinary and multiagency in their approach and should be so designed as to tackle the range of factors that play a role at different levels of society: individual, family, school and community; Considering that the age of legal majority does not necessarily coincide with the age of maturity, so that young adult offenders may require certain responses comparable to those for juveniles; Furthermore, considering that some categories of juvenile offenders, such as members of ethnic minorities, young women and those offending in groups, may need special intervention programmes; Taking into account, inter alia, Recommendation No. R (87) 20 on social reactions to juvenile delinquency, Recommendation No. R (88) 6 on social reactions to juvenile delinquency among young people from migrant families and Recommendation Rec(2000)20 on the role of early psychosocial intervention in the prevention of criminality; Having regard to the outcome of the 10th Criminological Colloquy on young adult offenders and crime policy (1991); Taking into consideration the European Convention on Human Rights, the European Convention on the Exercise of Children‘s Rights, the United Nations Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, Recommends that governments of member states: – be guided in their legislation and policies and practice by the principles and measures laid down in this recommendation; – bring this recommendation and its explanatory memorandum to the attention of all relevant agencies, the media and the public; and – acknowledge the need for separate and distinct European rules on community sanctions and measures and European prison rules for juveniles.

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Die Jugendstrafrechtssysteme in Europa sind sehr verschieden. Anhand des Rechtsvergleichs und der Rechtsentwicklung in der EU und mittels der Völkerrechtsinstrumente zur Jugendgerichtsbarkeit formuliert der Autor Elementarteile eines Europäischen Jugendstrafrechts. Behandelt werden:

• Konzeption und Zielsetzung

• Alter und Prüfung der Strafbarkeit

• der Umgang mit jungerwachsenen Tätern

• Diversion und Entkriminalisierung

• der Sanktionskatalog nebst Freiheitsentzug

Neben einer Analyse von Trends in der Jugendkriminalität und kriminologischer Erklärungsansätze werden die Wünschbarkeit und Zweckmäßigkeit einer gemeineuropäischen Rahmenstrategie im Jugendstrafrecht erörtert sowie Harmonisierungswege für die europäische Integration aufgezeigt.

Die Arbeit bündelt verstreute Reformansätze auf nationaler und internationaler Ebene zu einem neuen Anlauf. Sie hilft, eine zeitgemäße und angemessene Reaktion auf die verschiedenen Formen der Jugenddelinquenz zu erarbeiten. Sie richtet sich an Wissenschaftler, Politiker und Praktiker im Jugendrecht.

Der Autor war Doktorand und Mitarbeiter an der Forschungsstelle für Jugendstrafrecht und Kriminalprävention der Christian-Albrechts-Universität Kiel.