Criminal Justice-JUST/2013/JPEN/AG/4498 project: ALTERNATIVE TRACKS – integrated approach to minors offenders and their families “
" This project was funded by the European Union "
Presentation
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
2015
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
The present document, in the form of a Handbook, has a European scope and refers to the
fundamental Principles and practices that are used, or should be used, in all the International and,
particularly, European juvenile justice systems. This is also the product of comparative research on
juvenile penal systems and best practices used to protect the minors who started the criminal circuit and
guarantee the recognition of their rights of protection and security, albeit in the logic of liability and
sanction.
The choice of a European-oriented handbook is dictated by a need emerged from the research
itself and from the comparative study. This need is the facilitation and development of a sense of
European membership to an organic policy about juvenile justice, not only for the Principles but also for
practices and good practices that are used.
In fact, the phenomenon of deviance and the juvenile justice system in some European
countries (Italy, England, Portugal, Greece, Bulgaria and Romania) is a complex and structured
dimension, which incorporates, essentially, cultural, historical and social elements that partially differ
from country to country.
The starting point of the handbook is the assumption that the European Union represents a
track and a fundamental and inevitable path, also within the area of fundamental rights for children and
adolescents, particularly for children, of imputable age, who experienced the juvenile penal trial.
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
In the European context, the Convention on the Children's right, the Strasbourg's Convention on the
exercise of children's rights, the European Union Charter of Fundamental Rights, the guidelines for a
child-friendly justice adopted by the Council of Europe, have the specific purpose to ensure that justice be
always sensitive towards children, regardless of who they are or what they have done
As a consequence of the experience of the carried out research, it emerges in the individual
States (those involved in the research) a diversity of politics and administration of juvenile justice, though
with a common European approach. So, in some national contexts more statistical data are provided
concerning the treatment of minors in conflict with the law, than practices of prevention and alternative
sentences.
However, although major legal, preventive and socio-educational inclusive practices have been enabled
within the European context, it is clear that a lot of work needs to be done to ensure the sustainability of
good practices.
In those countries, where the democratic process is younger and where the juvenile justice
system clashes against economic, socio-cultural and educational problems, additional investments must
be carried out on the exchange of good practices and on the comparison of national juvenile justice (for
example, instead of the implementation of freedom restrictive measures, the investment should be made
towards alternative measures such as diversion and restorative justice, which are not fully spread, yet).
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
The examination and identification of performances in the field of juvenile justice, of those countries
that joined the research, is the reason of this Handbook, which aims at providing, on the one hand
practical guidance with respect to procedures and principles of working with the minor within the penal
circuit; on the other hand, far from being thorough, it aims at promoting and developing an organic view
on the juvenile justice in Europe, focused on policies and practices of prevention and contrast of juvenile
delinquency.
These instructions and causes for reflection are addressed to management institutions and
organization of juvenile justice, to facilities and services intended for the protection and guarantee of the
rights for minors involved in the criminal justice system as suspects, convicted or witnesses, to the various
professionals working in the juvenile justice system and to children themselves.
The methodology used was integrated and compared in relation to the indications of European
Principles and Practices on juvenile criminal justice.
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
2015
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
OPERATIVE HANDBOOK
FIRST PART
Justice should be child-friendly. It should not walk
before them, because they may not follow it. It should not
walk behind them, because children should not have the
responsibility to choose the path. Justice should walk
next to them and be their friend.
Maud de Boer Buquicchio
General vice-secretary
Council of Europe
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
The Recommendations should be intended as an operational tool,
namely a guide for the analysis and the planning of a child-friendly action inside the juvenile justice system, that
must be aware, effective and methodology-based.
The structure of the Recommendations is divided into:
• Minimum standard: Essential requirements are outlined, including minimal and essential actions, intended for an
effective recognition and guarantee of children and adolescents' rights. In other words, this is the basic minimum
level under which the individual Institution, organization, structure or the service of prevention, juvenile justice,
protection of childhood and adolescence, should never go;
• Strong recommendation: It shows the optimal actions that the Institution, organization, structure or service
should implement in order to reach higher levels of efficiency in matters of juvenile justice. It is essentially the best
level we can currently delineate, based on the experiences carried out in Europe;
• Suggestions: Eventually, for some points (such as the one related to alternative measures to penal trials and
penalties) some suggestions are provided. This can be further processed and customized by each institution and
organization of juvenile justice.
Public and Private Institutions operating in Social sector, can refer to the Recommendations in their entirety, or by
focusing on some aspects of greater interest or importance for the specific context
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
Principles for the recognition of the fundamental Rights of juvenile justice for a childfriendly Justice, before, during and after judicial proceedings
 PARAMOUNT INTERESTS OF THE CHILD AND THE RULE OF LAW
 IMPUTABLE AGE
 RIGHT TO PARTICIPATION
 PROTECTION FROM DISCRIMINATION AND
OPERATOR’S TRAINING
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
OPERATIVE HANDBOOK
SECOND PART
GOOD PRACTICE MODEL
2015
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
RULES FOR A REGULAR EXECUTION OF WORKING ACTIVITIES INSIDE
AND OUTSIDE OF STRUCTURES HOSTING JUVENILE OFFENDERS
Nothing is left to "chance" and to improvisation because the "chance" wanted our
kids to grow up without rules and it is unfair, for those who stand as their guide, to
disregard the basic rules of good working practice.
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
The opportunity of a handbook or vademecum is included in the term itself, or rather, in its
etymological Latin root, "vade - mecum", that is "go with me", in order to indicate something that you
take with you and of easy use. Therefore, the handbook is to be thought as a little guide, that is a
collection of frequently used indications, which are necessary for the execution of activities by those who
have to operate them.
School or University preparation may be not sufficient, as well as appeal to personal intuition
to tackle routine situations efficiently. It is compulsory to conform to established rules, derived from
daily practice and years of hard work.
Moreover, every type of human aggregation cannot live without a set of rules governing
relations between the people who belong to the aggregation and without bodies or persons in charge to
supervise the observance of these rules.
This little guide will appeal to all operators of facilities that operate in favor of minors who have
committed offences and is divided into three main chapters.
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
1. RULES OF CONDUCT IN THE WORKPLACE
2.FUNCTIONAL RULES FOR CARRYING OUT THE
ACTIVITIES
3. PROCEDURES AND FORMS
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
Rules of conduct in the workplace
The rules below result from the experience and comparison with operators that work within
the diurnal socio-educational Centre "Chiccolino" in Bitonto, managed by Eughenia s.c.s. -Onlus and
aim at consolidating useful practices in everyday work.
The characteristic of the rules here is, indeed, their concreteness. Such regulations may be
subject to change over time, as long as the changes or the addition of new rules are intended to enrich
the same Handbook.
Functional rules for carrying out the activities
(addressed to users and visitors)
In this chapter there are rules for users in order to carry out daily tasks (institutional and practical
training activities)- in an organized manner which respect the hosting places.
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
Procedures and forms
It is appropriate to introduce this chapter discussion recalling that every person is led by his
own nature to seek the help and collaboration of his fellows. Cooperation between different persons
allows the achievement of results otherwise inaccessible to the individual.
It also promotes a better division of working activities and gives the possibility that each one
will dedicate to activities in accordance with his aptitudes.
This chapter aims to facilitate the application of the rules, previously listed, providing, to
those who work within the structure, the necessary tools.
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
Example of form
DAILY RECORD ATTENDANCE AND
LOGBOOK
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
In the Forms of the
ANAMNESTIC ANALYSIS
it is important the Personal Data
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
Important role has
INDIVIDUAL EDUCATIONAL
PROJECT ( I.E.P )
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
This Vademecum is far from being considered an exhaustive list of good
practices. It is intended to represent only a starting point, so that during the
growth path of our professional journey, we can have guidelines and suggestions
to set daily work effectively.
To this end, the present Handbook is always open to improvement
modifications previously discussed in appropriate locations.
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
Objectives of testing the Vademecum ( testing phase)
•
reflecting on juvenile justice and care practices for recovery and social and educational
reintegration
•
standardizing and improving practices and methodologies working with minors in residential
and daily facilities (national and international levels)
•
introducing in educational and rehabilitative processes alternatives methods of recovery
(social/job inclusion, restorative justice, delinquency prevention , familiar and justice
mediation, criminal daily centers ...)
•
analyzing and evaluating the comparative experiences (international) , the organizational and
management in facilities for minor offenders
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
• improving the professional performance of the operators of the juvenile criminal justice
(relational, training, professional skills; Methodological approach anti burnout, ....)
• Improving the involvement of families and responsible stakeholders in the educational
recovery
• Improving the involvement of families and responsible stakeholders in the educational
recovery
• enhancing and creating new tools and cultural approaches to juvenile delinquency
• supporting the study, the analysis and the research about theory and practice of
defense of minors offenders.
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
VALUES AND PRACTICES
In all decisions relating to the administration of juvenile justice, the best interests of
the child shall be the FIRST consideration. Minors differ from adults in their physical and
psychological development, in their educational and emotional needs. Such differences are
at the base of the lesser degree of culpability for minors in conflict with the law.
The protection of the paramount interest of the child means, for example, that the
traditional objectives of the penal law (repression/punishment) should be replaced by the
objectives of restorative and rehabilitative justice in the treatment of children offenders.
The principle of the Rule of Law should be fully applied to children similarly to what
happens for adults.
Children should be guaranteed elements of the right process such as the principles
of legality and proportionality, the presumption of innocence, the right to a fair trial, the
right to legal assistance, the right of access to justice and the right to appeal, as it happens
with adults. This is applicable to all administrative and extra-judicial proceedings. The
paramount interest of the child should always be considered in conjunction with his other
rights, e.g. the right to be heard, the right to be protected from violence, the right of not
being separated from his parents, etc.
A comprehensive approach must be the rule.
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
Suggestions
Creation and / or supervision of the Observers for the childhood and adolescence policies, in
particular those of the penal area; creation of inter-institutional promotion desks, planning and
monitoring the guarantees of children's rights in relation to a fair trial.
Adoption of operational protocols and related guidelines on juvenile justice, interdisciplinary work
and inter-institutional good practices enacted at national and international level. Creation of a National
Information System on services, facilities and types of professionals in the field of Juvenile Justice.
Creation of a promotion system for the right to Access to children and adolescents' rights, as
universality of protection and safeguard rights.
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.
ALTERNATIVE TRACKS- integrated approach minor offender and their families VADEMECUM OPERATIVO
DEBATE
 Strengths
 Weaknesses
 chances to succeed and proposals
This publication has been produced with the assistance of the European Union.
The contents of this publication are the sole responsibility of Eughenia Società Cooperativa Sociale - Onlus
and can in no way be taken to reflect the views of the European Union.