Children in Conflict

with the Law

Erin Raymond Hinze
Denzel Baba Moto Kudakwashe Flemenga
 Table of contents
Scope of Challenges
01 Introduction 03 Children in 05 Faced by
Conflict with Children in
the Law Conflict with
the Law

02 Definitions 04 Factors 06 Promoting

Contributing to Rehabilitation
Children's and
Involvement in Reintegration:
Crime:
 Introduction
Every child has the innate ability to develop into
adulthood, realise their full potential, and make a
good contribution to the development of the
country and society.
Although children are innocent at birth, many of
them grow up to exhibit behaviours that are
classified as delinquent or occasionally as being
"in conflict with the law" for a variety of reasons.
 Definitions

1. A Child is a human being below the age of eighteen years.

2. The term ‘children in conflict with the law’ refers to anyone under 18 who
comes into contact with the justice system as a result of being suspected
or accused of committing an offence.
Scope of Children in Conflict with the Law
Most children in conflict with the law have committed petty crimes or such minor
offences as vagrancy, truancy, begging or alcohol use. Some of these are known as
‘status offences’ and are not considered criminal when committed by adults.

In addition, some children who engage in criminal behaviour have been used or coerced
by adults. too often, prejudice related to race, ethnicity or social and economic status
may bring a child into conflict with the law even when no crime has been committed, or
result in harsh treatment by law enforcement officials.

The extent and variety of transgressions that could result in their engagement with the
legal system depends on the counties laws and constitutions as well as Child acts
Scope of Children in Conflict with the
Law:
For example in India.

Various types of offences committed by children in conflict with law have been
defined under the JJ Act, 2015 as follows:

Petty offences : Petty offences include the offences for which the maximum
punishment under the Indian Penal Code or any other law for the time being in
force is imprisonment up to three years.

Serious Offences : Serious offences include the offences for which the
punishment under the Indian Penal Code or any other law for the time being in
force is imprisonment between three to seven years.

Heinous Offences : Heinous offences committed by children in conflict with law

include the offences for which the minimum punishment under the Indian Penal
Code or any other law for the time being in force is imprisonment for seven
years or more.
 Factors Contributing to Children's Involvement in
Crime:
● Poor School Attendance
Poor school attendance is one of the top factors contributing to delinquency. School is not only a place to
learn and grow; it is also a structured routine that provides children with a goal to accomplish each day.
● Poor Educational Standards
The type of school that a child attends may also contribute to their delinquency. Overcrowded and
underfunded schools tend to lack discipline and order.
● Violence In The Home
● Violence In Their Social Circles
If the neighborhood is in which a child lives is violent, the children will have a tendency to be more prone
to delinquency.
● Peer Pressure
Similar to neighborhood pressures, peer pressure from direct acquaintances can have an effect on how a
juvenile reacts to bad situations. If all of their friends are committing delinquent acts, the child may feel
pressured to do the same to be accepted.
● Socioeconomic Factors
Juvenile delinquency is more common in poorer neighborhoods.
● Substance Abuse
Substance abuse in a home or by the child is a very common cause for delinquency.
● Lack Of Moral Guidance
Parental or adult influence is the most important factor in deterring delinquency.
Scope of Children in Conflict with the
Law:
Children in conflict with the law face various challenges, both during their
involvement in the legal system and after their release. Some of the common
challenges faced by these children include:

Lack of access to legal representation: Many children in conflict with the law do not
have access to legal representation, which can result in unfair trials and harsher
punishments.

Stigmatization and discrimination: These children often face social stigma and
discrimination due to their involvement in criminal activities, which can hinder their
reintegration into society.

Limited educational opportunities: Children in conflict with the law may face
disruptions in their education, leading to limited opportunities for future employment
and personal growth.
Scope of Children in Conflict with the
Law:
Poor living conditions: Many of these children come from disadvantaged
backgrounds and may lack access to basic necessities such as shelter, healthcare,
and nutrition.

Mental health issues: The experience of being in conflict with the law can cause
psychological distress and trauma, which may go untreated in many cases.

Lack of rehabilitation and reintegration support: After their release, children in

conflict with the law often lack proper support and guidance to reintegrate into
society, increasing the likelihood of reoffending.
 Promoting Rehabilitation and Reintegration
Promoting rehabilitation and reintegration in children in conflict with the law is crucial for their holistic
development and the well-being of society as a whole. Here are some key considerations and strategies
for achieving this goal:

❏ Child-Centered Approach: Recognize that children in conflict with the law are still developing and
have unique needs. Adopt a child-centered approach that prioritizes their rights, best interests, and
overall well-being. This approach involves understanding the underlying causes of their behavior,
addressing their specific needs, and providing appropriate support and interventions.
❏ Restorative Justice: Emphasize restorative justice principles that focus on repairing harm and
reintegrating children into their communities. Instead of punitive measures, promote processes
that involve dialogue, accountability, and reconciliation between the child, victims, and the
community. Restorative justice allows children to understand the consequences of their
actions, make amends, and learn from their mistakes.
❏ Individualized Treatment and Support: Tailor interventions to meet the unique needs of each child. Conduct
comprehensive assessments to identify factors contributing to their involvement in criminal activities, such as
trauma, substance abuse, lack of education, or family dysfunction. Develop individualized treatment plans that
address these underlying issues and provide necessary support, such as counseling, education, vocational training,
and healthcare.

❏ Access to Education: Ensure that children in conflict with the law have access to quality education. Education plays
a vital role in their rehabilitation and reintegration by providing them with essential skills, knowledge, and
opportunities for personal growth. Collaborate with educational institutions to create inclusive and supportive
learning environments that cater to their specific needs.

❏ Skill Development and Vocational Training: Offer skill development programs and vocational training to equip
children with practical skills that enhance their employability and future prospects. These programs can focus on
areas such as craftsmanship, agriculture, information technology, and entrepreneurship. By acquiring marketable
skills, children can reintegrate into society, find meaningful employment, and lead productive lives.

❏ Family and Community Involvement: Engage families and communities in the rehabilitation and reintegration
process. Provide support and resources to families to strengthen their capacity to support their children's positive
development. Encourage community participation in creating supportive environments that foster acceptance,
inclusion, and opportunities for children to reintegrate successfully.
 ❏ Advocacy and Awareness: Raise public awareness about the importance of
rehabilitating and reintegrating children in conflict with the law. Advocate for
policies and practices that prioritize their well-being and promote restorative
approaches. Encourage collaboration among government agencies, civil society
organizations, and the public to create a supportive and inclusive environment for
these children.

By focusing on rehabilitation and reintegration, society can give children in conflict with
the law a chance to rebuild their lives, develop positive behaviors, and become
responsible and productive members of their communities.
In conclusion, promoting rehabilitation and reintegration for children in conflict with the law is an
essential endeavor that acknowledges their potential for growth, transformation, and positive
contribution to society. By adopting a child-centered approach, emphasizing restorative justice
principles, and providing individualized treatment and support, we can address the underlying causes of
their behavior and help them reintegrate into their communities.
Ensuring access to education, skill development, and vocational training equips these children with the
tools they need to build a better future for themselves. Family and community involvement play a crucial
role in providing a supportive environment that fosters acceptance and opportunities for successful
reintegration. Effective aftercare programs and follow-up help sustain their progress and reduce the
risk of reoffending.
Advocacy and awareness efforts are vital in challenging stigmatization, promoting understanding, and
advocating for policies that prioritize the well-being of children in conflict with the law. By working
together as a society, we can create an environment that supports their rehabilitation, reintegration,
and overall well-being.
Ultimately, by investing in the rehabilitation and reintegration of these children, we not only provide them
with a chance for a better future but also contribute to the creation of a more just and inclusive society
that values the potential of every individual, regardless of their past mistakes.
Sources
● https://www.unicef.org/montenegro/media/7931/file/MNE
-media-MNEpublication391.pdf
● https://www.unodc.org/e4j/en/crime-prevention-
criminal-justice/module-13/key-issues/4--justice-for-
children-in-conflict-with-the-law.html
● https://vikaspedia.in/social-welfare/women-and-child-
development/child-development-1/children-in-conflict-
with-law
● https://baysingerlaw.com/2018/03/factors-contributing-
juvenile-delinquency/#:~:text=Poor%20Educational
%20Standards,are%20scared%20by%20their
%20surroundings.