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RADICAL APPROACH TO JUVENILE PROTECTION - BELGIUM

NCJ Number
60319
Journal
Deviance et societe Volume: 2 Issue: 3 Dated: (SEPTEMBER 1978) Pages: 289-298
Author(s)
J DEPIESSE-HANNOUILLE; H VANBOSTRAETEN
Date Published
1978
Length
10 pages
Annotation
THE CONDITIONS FOR DEVELOPMENT AND OPERATION OF THE BELGIAN JUVENILE PROTECTION SYSTEM ARE OUTLINED.
Abstract
THE NATURE OF THE BELGIAN JUVENILE PROTECTION SYSTEM HAS BEEN DETERMINED BY SOCIAL, ECONOMIC, AND POLITICAL CHANGES SUCH AS THE DISAPPEARANCE OF THE STREET AS A PLACE OF LEARNING DURING THE INDUSTRIAL EVOLUTION AND THE CONTRADICTION BETWEEN MOTIVES FOR PROFIT AND MIDDLE-CLASS MORALS REGARDING CHILD LABOR. THE IMPORTANT 1912 CHILD PROTECTION LAW INSTITUTED AGE AND WORK-TIME LIMITS TO PREVENT CHILDREN FROM PURSUING THE CRIMINAL ACTIVITIES OF THEIR PARENTS. IN THE SAME LAW, 16 WAS ESTABLISHED AS THE AGE OF RESPONSIBILITY, PENALTIES WERE REPLACED BY EDUCATIVE MEASURES, THE MEDICAL METHOD OF TREATMENT FOR JUVENILE DELINQUENTS WAS INTRODUCED, AND SPECIAL MEASURES FOR YOUNG VAGRANTS WITHOUT EMPLOYMENT WERE ADOPTED. IN THE COURSE OF THE 20TH CENTURY, FURTHER LAWS PROTECT YOUTHS FROM DANGEROUS SITUATIONS AND PENALTIES FOR YOUTHS HAVE BEEN MADE LESS SEVERE. PROTECTIVE INTERVENTION REACHED ITS PEAK IN 1965 WITH THE FORMATION OF YOUTH PROTECTION COMMITTEES FOR JUVENILES-AT-RISK AND THE GROWTH OF SOCIOPSYCHOMEDICAL CENTERS. AT THE POINT IN THE 19TH CENTURY WHERE TRADITIONAL SOCIAL STRUCTURES WERE BEING DESTROYED AND LEGISLATORS WERE SEEKING TO PRESERVE BOTH A WORK FORCE AND A SOCIETY TO PRODUCE IT, THE CONCEPT OF YOUTH AS A SEPARATE ENTITY WAS CREATED. PROTECTION ACTUALLY SERVES THESE PURPOSES, NOT THE INTERESTS OF JUVENILES, AS IS INDICATED BY THE FAILURE OF THE GOVERNMENT TO PROSECUTE INDUSTRIAL POLLUTERS WHO CAUSE LEAD POISONING IN CHILDREN AND LEGAL PROBLEMS THAT ISOLATE INDIVIDUALS FROM THEIR GENUINELY PROTECTIVE SOCIAL ENVIRONMENT. THE PRESENT SYSTEM OF JUVENILE PROTECTION THROUGH SOCIAL CONTROL WHICH UNDERMINES PERSONAL AUTONOMY AND SOCIAL SOLIDARITY, IS CONTRARY TO THE CONCEPT OF A FREE AND DEMOCRATIC SOCIETY. REFERENCES ARE PROVIDED. --IN FRENCH. (KMD)