Alternative solutions for juveniles in contact with the law – An immediate need to be reflected in laws and practices

Friday 20 November 2015

Alternative solutions applied in the juvenile justice system aim to protect children rights, enhance their education and  development as worthy citizens and provide better opportunities for them in society. Application of these methods prevents deviant behavior of juveniles, reduces escalation of violence, avoids negative social and financial consequences of the parties involved in the conflict; it encourages children to take responsibility for their actions and enhances the development of a democratic society.
These were some of the key messages highlighted in the conference "Alternative solutions for minors - a right and achievement of a democratic society" organized in the framework of two-year project in the field of Restorative Justice, funded by the European Union and implemented by Save the Children and the Foundation for Conflict Resolution and Disputes (AFCR) in 6 regions of Albania.
The aim of this conference was to promote further improvement and necessary laws and practices in the field of restorative justice for juveniles in Albania and promoting the application of alternative solutions for minors, focusing marginalized groups that violate the law or get involved in conflicts.


The conference was attended by the Deputy Minister of Justice Mr. Arben Isaraj, representatives from the General Directorate of Prisons, the High Council of Justice, the General Directorate of the State Police, the Probation Service, the European Delegation in Albania, local and international organizations working in the field of justice minors.
Studies and assessments carried out in the framework of this project, revealed a limited application of the measures. Also, the Law on Mediation is not harmonized in the code of criminal procedure. In the context of the judicial reform and aiming to achieve a child-friendly justice immediate reflection and improvement of the law on mediation is required.
According to the Ministry of Justice, the involvement of children in conflict with the law is a growing trend; respectively juveniles convicted in 2013 were 680 and in 2014 convicted juveniles were 773 - an increase of 12% in one year.

According to the report analysis "The level of recidivism of juvenile offenders in the penitentiary system" conducted within the project of Save the Children in the field of Juvenile Justice "Imprisonment is one of the most severe decisions for minors and not always provides the expected positive effect. It is one of the measures that creates prejudice, discrimination and exclusion for the minor even  when he wants to change and integrate into society. As early to be the institutionalization of children in the penitentiary system, the higher is the risk for recidivism. The recidivism rate of juveniles in detention centers has increased from 17.6% in 2013 to 25.7% in 2014 ".
Application of alternative solutions through mediation is one of the key elements in respecting and protecting children's rights. Experience and project data, children who have passed through these solutions easily integrate into society and are less prone to use violence in the community and the family. This process is based on law, it helps children education and has very low financial cost to the state and society. It provides a model of peaceful and effective communication compared to psychological pressure in a judicial process that can pass a juvenile suspect.

Protection of the rights of children in contact with the law necessarily requires the commitment of government to take concrete measures in accordance with international standards of children's rights and policies at the national level. State structures should coordinate their work to increase the level of information and understanding specifically for justice system professionals who work with juveniles in contact with the law. Raise the awareness of children and youth on the benefits of the application of alternative solutions as an approach that facilitates the resolution of conflicts and ensures proper protection for them.

Programs, policies, practices and systems should be based on the concepts and principles of prevention and protection of the best interests of the child as enshrined in the UN Convention on the Rights of the Child. Based on these standards, we will contribute towards a more accountable and more appropriate world for children and will offer them better opportunities for their future-recommended Save the Children during the conference.