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Summary

This is a brief comment reflecting concern and scepticism related to the rights of the child and the concept of “in the best interests of the child”. We are talking of a child who until a certain age does not have a voice at all and, after learning to use his or her voice, is either not heard or is disregarded or overridden by the voices of others such as law makers, parents, NGOs, social workers, teachers and doctors. The child is furthermore surrounded by the values of belief systems, religion, tradition and customs which she or he has not played any part in creating. Where is the child in this? When seemingly deciding in the child's best interests, are the above-mentioned persons and systems not in fact all sacrificing the child?

In issues such as settling custody disputes, child marriages, circumcision of boys and genital mutilation of girls, placement of children in foster homes, the child's right to receive essential education in segregation from the “different”, domestic violence, and even in small matters like dress codes, the child does not have an effective right to develop his or her identity but rather is suffocated, used and abused. If we cast our eyes worldwide, there are other more menacing issues, such as child soldiers, kidnapped children raised for terrorist armies, children sold for gain by their parents, girls sold into forced marriages, child labour, child prostitution, child pornography, and even ritual slaughtering of children. The list appears endless.

It is the authorities that decide on who can foster and be fostered, and who can adopt and be adopted. Even in this context, it is the authorities and not the child who exercise rights. In addition it appears to be the parents’ rights rather than the child's that have priority, as it is the values and beliefs of the parents that determine whether the child is circumcised, which school she or he attends, what she or he may or may not eat.

Summary

This book is the result of the second part of the European Commission funded research project Protecting young suspects in interrogations: a study on safeguards and best practice. The project consists of a legal comparative study, an empirical study and a merging of legal and empirical findings and its aim is to identify legal and empirical patterns in the procedural protection of juvenile suspects during pretrial interrogation. The legal study underlying volume I consisted of a comparative research into existing procedural safeguards for juvenile suspects during interrogation in the legal frameworks of five selected Member States: Belgium, England and Wales, Italy, Poland and the Netherlands. The results of the empirical research as well as the merging of the legal and empirical findings resulting in a proposal for European minimum rules and best practice on the protection of juvenile suspects during interrogation are described in this second volume.

The successful completion of this project has been a joint effort of a group composed of many people. First, we would like to thank our academic partners – and in-country researchers – for their dedication to the project and the incredible amount of high quality work they delivered: Claudia Cesari, Deborah Felice, Jackie Hodgson, Vicky Kemp, Justyna Kusztal, Joachim Meese, Vania Patane and Barbara Stańdo-Kawecka. Empirical legal research is oft en extremely challenging because it is not easy to succeed in gathering necessary permissions and collecting relevant data. It was thanks to the knowledge, flexibility, openmindedness, patience and tenacity of our partners that we only experienced the positive sides of empirical legal research. Working with them has been an incredible opportunity of enrichment not only in legal matters.

The research and project have also benefited enormously from the advice and assistance offered by our supporting partners: we thank PLOT Limburg and Defence for Children for their support in organising project events, employing social media and disseminating research findings.

The project has benefited from the supervision of a Steering Committee, an advisory board of experts composed of leading scholars in the field of juvenile justice and criminal law coming from different jurisdictions: prof. Ray Bull, prof. Frieder Dünkel, prof. Gerard de Jonge, prof. Taru Spronken and prof. Anette Storgaard. We thank them for their valuable guidance and constant feedback while setting up and conducting the research.

Summary

Summary of the Report of the Swedish Law Commission:Strengthened Protection against Forced Marriages and Child Marriages (Statens Offentliga Utredningar 2012:35)

THE PROBLEM AND THE PROPOSALS

How extensive is the problem of forced marriages and child marriages? It would be good to have some figures. How many people are married off against their will, how many are afraid that this will be the case, how many child marriages are there?

However, it is the stories of individuals that really convince us regarding the need for enhanced protection against forced marriages and child marriages. The story of the 15-year-old girl who was sent to Iraq, married off to a considerably older cousin and ever since has been informing the world around by means of a hidden computer of the abuse she is subjected to. The story of the young woman who wanted to get an education in Sweden but became part of a barter transaction between two families, protested but was threatened, assaulted and finally married off. Or the story of the girl who escaped from a forced marriage and had a child with the man she loved, a child whom the family subsequently killed.

As the inquiry neared completion, a nineteen-year-old woman was stabbed to death. Her sixteen-year-old brother is a suspect and is at present in police custody. As a child the victim had been taken to another country and there been married off against her will at the age of fourteen. After a while she succeeded in fleeing back to Sweden. As we write, a police inquiry has just been initiated and a discussion is ongoing concerning why the young woman was not given the protection she needed to survive.

There are many of these stories, each one more gripping than the other. They bear witness to a widespread lack of freedom and young people who are not aware that they themselves have the right to decide over their lives.

Summary

INTRODUCTION: THE CHALLENGES OF CROSS-BORDER FAMILY RELATIONSHIPS

Globalisation in the 21st century has expanded international trade in goods and services and led to increased movement by families and children across frontiers. As people cross borders, oft en for work, they meet others, fall in love, and have children – though not necessarily in that order – and as a result, there have been marked increases in the number of marriages and family relationships that touch on more than one culture, nationality or religion. When these relationships break down, children in particular are caught in the turmoil: they can be the focus of disputes on custody, visitation, and terms of upbringing. Oft en they are the victims of child abduction, and as a result are denied access to one of their parents. The resolution of these issues is complicated by disparate legal systems, diverse cultural and religious customs and rules, and opposing ideas of how these differences should influence the outcome of a dispute.

The Hague Conference on Private International Law (HCCH) is well known for its seminal work in the area of cross-border family law, especially in creating structures for international legal cooperation in addressing international child abduction and child protection. These frameworks are exemplified by the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, which both create binding international legal instruments for the contracting states. While 93 countries are contracting states to the 1980 Convention, and 41 are contracting states to the 1996 Convention, many countries, referred to herein as non-contracting states, still remain outside of the Conventions’ framework. Where no such binding structure exists, non-binding legal mechanisms are increasingly important tools in protecting the rights of the child in a multi-faith and multi-cultural society.

Summary

INTRODUCTION

THE PROBLEM

Almost everyone will agree, regarding child marriage:

Summary

INTRODUCTION

In Belgium little is known about the practice of interrogating young suspects. Recently, the implementation of the Salduz Act has led to an evaluation study of legal assistance in general but the practice with juveniles remained rather under exposed. That evaluation combined a quantitative and qualitative approach, the latter consisting of interviews with 24 juvenile suspects who were institutionalised in youth detention centres.

The aforementioned ‘Salduz’ motion also gave rise to a study on the expected changes concerning the value of the interrogation of suspects in various European countries. Th at study was funded by the Dutch Research and Documentation Centre (WODC) and – as the research underlying this volume – also involved Belgium, the Netherlands and England and Wales, the latter representing a judicial system with a large tradition in legal advice at the police station. An extended literature study was completed as were focus group interviews with police officers and lawyers. One of the research topics concerned the interrogation of juveniles.

Earlier research focussing specifically on the interrogation of young suspects in Belgium is rather limited, with the exception of a master's thesis in 2009 in which an interrogation model for young suspects was analysed in two interrogations.

Hence, the present study aims to shed more light on what happens in practice when young suspects are being interrogated in Belgium. The first objective is to explore to what extent the practice lives up to the legislation or guidelines. Is there a gap between law in the books and law in action and if so, what does it comprise? The second objective is to look at possible examples of good practice.

These objectives were achieved via focus groups and video-recorded interrogations. Focus groups were held with police officers and lawyers. Unfortunately, the perspective of juveniles who were interrogated as suspects is lacking since a focus group with juveniles could not be arranged due to organisational reform within the institutions. Thus, the findings of the focus groups are not placed against juveniles’ experiences and thus only reflect a partial, legal actor's perspective. The focus group with police officers was attended by eight police officers from six different police stations from federal and local police. Respondents differed with regard to the training they received on interrogation.

Summary

INTERROGATING YOUNG SUSPECTS: THE LAW IN ACTION

This book represents the second and final part of a larger research project financed by the European Commission under the title Protecting young suspects in interrogations. This project – which is a joint eff ort of several partners (Warwick University, Antwerp University, Jagiellonian University, Macerata University, Defence for Children and PLOT Limburg) and led by Maastricht University – concerns a legal comparative and empirical study that attempts to shed more light on what actually happens when juvenile suspects are interrogated in the investigative stage. The project sprung from the observation that existing knowledge on the level of procedural protection off ered to juvenile suspects throughout the EU during this crucial phase of proceedings is limited. This gap in existing knowledge is astonishing to some extent, since the vulnerability of juvenile suspects is probably greatest during these early interrogations. Not only do these interrogations oft en constitute the juveniles’ first contact with law enforcement authorities but they also confront the juvenile with many difficult questions and decisions. For this reason, the aim of the project has been to fill at least part of the aforementioned gap by gaining insight in existing procedural rights for juveniles during interrogation from a legal as well as an empirical perspective in five selected Member States representing diff erent systems of juvenile justice in Europe (Belgium, England and Wales, Italy, the Netherlands and Poland).

The first part of the project – the legal comparative research addressing the ‘law in the books’ – provided an in-depth analysis of the existing rules and safeguards in the law of the five selected Member States. On the basis of the legal findings laid down in the five country reports a transversal analysis using a cross-national functional approach was carried out resulting in the identification of a number of common patterns with a view to harmonising the systems and improving the protection of juvenile suspects’ safeguards when interrogated. The five country reports discussing the relevant national legal frameworks together with the aforementioned common patterns have been published in a separate volume (volume I).

Summary

THE BADGE OF IDENTITY

In contemporary culture, great emphasis is placed on individual identity and image: self-development, self-analysis, finding oneself and defining oneself are all familiar personal goals. In popular media, through psychotherapy and counselling, in the pages of endless self-help manuals, the value of personal journeys and personal growth is repeatedly stressed. Having a clear sense of self and having one's self-identity respected by others are key indicators in modern measurement of wellbeing and personal fulfilment and they are “widely recognised as intrinsically and instrumentally important aspects of a good form of life.” But when we talk of identity in these contexts what do we mean?

Our identity is how we feel about ourselves from the inside but it is also how we are badged by others. In response to the question, “what is your identity?” there are many possible answers. How we label ourselves depends at least partially on our assessment of the reason we are being asked. The particular context will oft en suggest a number of possible labels from which we might choose and we establish our own identity “by constructing a sense of the place and identity of others” around us. How we see ourselves is to a greater or lesser extent informed by how others see us and is the result of a process of construction and negotiation. Establishment of individual identity is linked to the place of the individual within his or her group. Social construction and assertion of one's identity as an individual and negotiating recognition in association with others in community are processes, which can be “encompassed in the phrase ‘identity politics’”. In Europe, for example, social and political concerns about identity have arisen in the context of migration and the increasing prevalence in European states of unfamiliar minority groups. The social and political drive to define and establish group identity is linked to greater awareness of diversity and the realisation that “relative power … is partly manifested through the ability to name oneself and others”.

Summary

INTRODUCTION

In Poland there is an increasing amount of literature on the interrogation of child witnesses. Forensic scientists commonly share the opinion that interrogating a child witness is one of the most difficult tasks in the course of criminal proceedings and for this reason special interrogation techniques, such as techniques of cognitive interview, are recommended. Recent amendments to the Code of Criminal Procedure aimed at enhanced protection of child witnesses, and particularly child victims in criminal proceedings contributed to numerous publications on special conditions of interrogating child witnesses. These include special qualifications for interrogators in order to minimise disorders of memory processes and to avoid negative effects of stressful situations connected with the interrogation. However, research focusing on the practice of interrogating of child witnesses is very limited. With respect to the interrogation of juvenile suspects it should be stated that this has been neglected in Polish forensic science. The few existing publications on the interrogation of juvenile suspects are mainly focused on the analysis of legal provisions regulating such actions taken by the police and by the courts. As a result, little is known about the practice of interrogating juvenile suspects in Poland.

This chapter will discuss the practice of interrogating young suspects in Poland based upon empirical findings. Three focus group interviews were carried out with police officers, juvenile boys and juvenile girls. Two individual interviews with lawyers were conducted and 20 written records of police interrogations with young suspects by the police were analysed. It should be noted that the results presented in this chapter reflect the practice of interrogating juveniles before the change in juvenile law which came into force on 2 January 2014.

The focus group with police officers was limited to four officers working in the unit for juveniles in a major city. Participants were male with one exception and all had experience in the interrogation of juveniles suspected of committing criminal offences. The focus groups with juveniles consisted of one with girls and one with boys. Eight girls participated, of which only one was 17 years old and the other girls were 18 or 19 years old, but had been interrogated as juveniles. The focus group interview took place in one of the three correctional institutions for girls in Poland.

Summary

INTRODUCTION

The aim of this chapter is to describe the Italian practice of interrogating young suspects. Until today, no empirical research has been conducted in Italy with regard to the interrogation of juvenile suspects. In contrast with the wide range of literature on the questioning of young victims and young witnesses, no attention has been paid to the juveniles who are suspected of having committed a criminal offence. Therefore, this study aims to draft a first picture which is derived from focus group interviews with legal professionals and with juveniles. The findings from the focus group interviews are complemented with the analysis of recorded interrogations with young suspects.

Focus groups interviews were conducted with all actors directly involved in the interrogation of young suspects: police officers, prosecutors, lawyers and social workers. Participants varied in their experience with regard to the interrogation of young suspects as well as in the degree of their specialisation. In the police focus group nine police officers from two types of police forces (carabinieri and state police) participated. Police officers, mostly female, differed in function as well as in the interrogation training they had followed. The focus group interview with lawyers consisted of six male and female juvenile lawyers of which five were enrolled in the duty lawyer scheme. The focus group interview with prosecutors entailed seven mostly female prosecutors from three districts. Prosecutors were balanced on the criteria of their function (public prosecutors versus deputy public prosecutors) and training. The seven social workers in the focus group interview were all females who came from three different districts and varied in experience and training on interrogation of juveniles. The reason for this is that social workers are not always present during the first interrogation that takes place at the police station. It is more common that they are present at the juvenile first reception center or during the interrogation carried out by the prosecutor.

A focus group interview was also held with juveniles at a Juvenile Detention Centre. Eight male juveniles convicted for an offence participated. These juveniles, a mix of repeat off enders and first off enders, differed also with regard to the type of crime they were suspected of.

Summary

INTRODUCTION

This chapter describes the approach of the empirical study as well as the integrated analysis of the legal and empirical findings, which in turn enabled us to develop a set of proposed minimum rules informed by both law and practice. Providing a minimum level of effective legal protection for juvenile suspects depends not only on a proper legal framework being in place but also on good practices that address the nature of the vulnerability of juvenile suspects. The objective of the empirical study was to gain insight into the extent to which practices live up to the domestic legal frameworks of the five countries which are described in detail in volume I (Belgium, England & Wales, Italy, Netherlands and Poland). Additionally, the empirical study was aimed at identifying good practices in these jurisdictions, with a view to developing improved standards and safeguards which could be implemented across the EU. As discussed in volume I, this objective should be seen against the background of current legislative developments at the EU level which have led to the tabling of a draft Directive on procedural safeguards for children suspected or accused in criminal proceedings. In order to achieve these improved EU wide standards and safeguards, it was necessary to understand how legal actors deal with the interrogation of juvenile suspects, which factors drive their behaviour, and how juvenile suspects are dealt with more generally. In addition to the examination of the practices of legal actors, the study also focused on the experiences of the juvenile suspect who is being interrogated, in order to grasp the interaction between all parties involved, and to understand the behaviour of the young person as a vulnerable suspect. In this way, the empirical study also sought to identify the nature of the possible vulnerability of juvenile suspects when being interrogated and how legal procedural protections might be most effective in providing protection, where necessary.

The empirical study started from the findings of the comparative legal study which suggested a two-stage approach to the empirical study. First, the type of interrogation needed to be selected. The legal study showed that whilst some countries dealt with juvenile suspects simply by way of police interrogation, others adopted different or mixed models, involving prosecutors, judges and the family court, as well as criminal proceedings.

Summary

ABSTRACT

In the last decades, the sustainability and the legitimacy of the welfare state regarding beneficiaries have been challenged, with the welfare question of /who should get what and why?/ becoming – and remaining – prevalent. This stresses the importance of individuals’ perceived living conditions – i.e. quality of life – in relation with the attitude regarding the responsibility of the welfare state in ensuring a reasonable standard of living for the elderly. Additionally, recent empirical evidence on the impact of contextual level determinants is increasing and gaining momentum. By conducting multilevel analysis on 24 countries from the European Social Survey data round 4 (2008), we aim to: 1) assess the role of individual-level characteristics for attitudes towards welfare state responsibilities, with a specific focus on perceived living conditions; and 2) analyse the country-level characteristics, with a focus on demographic, socio-economic and institutional variables.

Keywords: welfare states, public opinion, deservingness, European Social Survey, multilevel analysis

INTRODUCTION

Over the past two decades, demographic and societal transitions have determined substantial changes both in the living conditions of individuals, as well as in the circumstances of the countries they live in (Van der Heijden, Schalk & Van Veldhoven, 2008). As a result of these transformations, the ageing of societies is currently one of Europe's main concerns (Gelissen, 2000; Pierson, 2011), causing an increasing number of retired individuals to be dependent on social benefits. According to figures from the OECD (2014), in 2008 the major share of social expenditure is spent on old age. Due to the high demand of the elderly upon the welfare states, the popular support for the welfare states may have declined over the years (Van Oorschot, 2000a). In this paper, the emphasis is placed on the support for this particular needy group that puts great strain on the welfare states, by focusing on the question whether individuals believe that the welfare state should take the responsibility in ensuring a reasonable standard of living for retired individuals.

Previous literature on explaining attitudes towards welfare states has been focusing on the relationship of individuals’ structural position (indicating personal interest in welfare provision) with their values, ideologies, and beliefs regarding the welfare state (e.g. J.ger, 2006; Svallfors, 1997). Notwithstanding, in the literature, a third set of variables is believed to be related with attitudes, however scarcely applied in welfare state attitude research.

Summary

In contemporary European societies, demographic, economic and social developments are forcing welfare states to adjust to new challenges. These trends have shifted the distribution of social risks, so that the young and the elderly are among the most vulnerable groups today in many European countries. Youth unemployment has increased by a dramatic 7.1 percentage points from 15.9% to 23% between 2002 and 2012 in the euro area. In addition, approximately one in five persons aged 65 or older among the 85 million elderly living in the EU countries are at risk of poverty or social exclusion. The young and the elderly are substantially more vulnerable in the presence of intersecting high-risk characteristics, i.e. young and elderly women, migrants and their descendants. Th is book presents empirical analyses of social and economic risks that the young and the elderly face, of adequacy and sustainability of policies and of public support for social policies targeting these vulnerable groups. Intended for both academic researchers and policy analysts, it aims to spark debate on the tools for achieving a (more) inclusive society. Drawing on micro-level empirical data in order to build analyses from interdisciplinary and sometimes comparative perspectives, the articles collected in this book shed light on the degree and the mechanisms through which existing social policies protect against socio-economic risks of the young and the elderly, including lower educational achievements, poorer labour market outcomes and especially poverty. They also examine whether the current welfare arrangements are adequate and sustainable and whether the willingness of the citizens to support various social policies has eroded or not.

The literature on youth, including the chapters in this book, agree that the accumulation of human capital over the life course and the achievement of formal qualifications in particular, which requires youth to spend more time than ever before in education and training, is increasingly needed for the successful integration on the labour market. A growing proportion of youth pursue such degrees, but their transition to the labour market remains nevertheless difficult as many do not find paid employment quickly, and if they do, the quality of their employment is oft en poor.

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The Child as the “Sacrificial Lamb” to Society, Family, Religion and Culture. A Comment

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Biographies

Contents

Preface and Acknowledgements

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Annex

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Malta Process and Cross-Cultural Aspects in Family Disputes

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Child Marriages and the Law - with Special Reference to Swedish Developments

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Chapter 3 - Belgium: Empirical Findings

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List of Abbreviations

Chapter 1 - Introduction

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Born or Becoming: Children, Religion and Identity

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Chapter 7 - Poland: Empirical Findings

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Miscellaneous Endmatter

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Chapter 5 - Italy: Empirical Findings

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Chapter 2 - Research Methodology

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Acknowledgements

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Chapter 9 - Individual Attitudes Towards Welfare States Responsibility for the Elderly

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Introduction

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