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Youth Justice in Scotland: Still Fit for the Future?

By Fiona Dyer, Ross Gibson, Pamela Morrison, and Carole Murphy

In this new report, Youth Justice in Scotland: Still Fit for the Future?, CYCJ revisits the ambitious vision set a decade ago to make Scotland a truly rights-respecting nation for children and young people in conflict with the law. This report highlights Scotland’s progress over the last 10 years, including significant legislative milestones such as the Children (Care and Justice) (Scotland) Act 2024, the UNCRC Incorporation (Scotland) Act 2024, and the Age of Criminal Responsibility (Scotland) Act 2019.

The report is structured to provide a clear, thorough examination of Scotland’s youth justice journey. It first reflects on the state of youth justice when the original vision was set and acknowledges key policy, legislative, and practice changes that have shaped the field. It explores the critical role of children’s rights, including specific UNCRC Articles, and evaluates how these rights are (and are not) reflected in the current system. The report concludes by presenting eight new ambitions for the next decade, aimed at solidifying Scotland’s commitment to protecting and uplifting children and young people in conflict with the law.

Glasgow: Children's and Young People's Centre for Justice, University of Strathclyde, 2024. 25p.

Commercial Sexual Exploitation of Children: A Review of the Clinical Literature 

By William D. Murphy, and Jacqueline Page

Nationally and internationally there has been a heightened awareness and response to the commercial sexual exploitation of children (CSEC)/domestic sex trafficking of children. CSEC “refers to a range of crimes and activities involving the sexual abuse or exploitation of a child for the financial benefit of any person or in exchange for anything of value (including monetary and non-monetary benefits) given or received by any person” (Development Service Group, Inc., 2014). Within the United States, the response has included both federal and state governments’ recognition and efforts to address the issue. Many view the Victims of Trafficking and Violence Protection Act of 2000 (TVPA) as a turning point in formal, organized recognition of the gravity of the issues of sex trafficking including minors. Efforts to combat and prevent CSEC and develop resources to meet the needs of victims of CSEC have continued. The PROTECT Our Children Act of 2008 required the Attorney General to develop and implement a National Strategy for Child Exploitation Prevention and Interdiction (National Strategy). The first report was published in 2010 and was updated in 2016. Each report included a National Child Exploitation Threat Assessment and identified how the federal government and its partners can address the issue of child exploitation. The 2016 report focused on changes to the child sexual exploitation threat since 2010 and examined potential threats for the next five years. In addition, the Office of Justice Programs (OJP), has provided significant funding to both combat human trafficking and assist in essential services being available to victims of trafficking. As a part of this funding, the Office for Juvenile Organizations provides mentoring services for children and youth who are victims of domestic sex trafficking or commercial sexual exploitation and projects focused on preventing the sex trafficking of girls. The National Judicial Institute on Domestic Child Sex Trafficking was created by the National Council of Juvenile and Family Court Judges with the goals of helping judicial officers understand the dynamics involved in child sex trafficking, examining legal considerations for victims, and connecting children at risk of, or who have been trafficked, to needed services. The Tennessee Bureau of Investigation launched a public awareness campaign in 2014 aimed at educating residents of Tennessee about human trafficking and what they could do to help end trafficking. The Tennessee Department of Children’s Services’ provides a webpage about the commercial sexual exploitation of minors which includes links to resources and information from different organizations. Despite the increased focus and efforts, commercial sexual exploitation of children and domestic sex trafficking continue to be a serious issue impacting our children and youth. Research related to CSEC is ongoing and is important to our understanding of the issue and its impact. The research is also instrumental in developing strategies to prevent the sexual exploitation of children and youth, identifying needed services, and developing appropriate treatment frameworks and modalities for victims of CSEC. There continues to be significant discussion about how we as adults, professionals, and as a society can best help and support the children and youth at risk of or impacted by CSEC. The purpose of this document is to 1) provide a review of the research related to what is currently known about the experiences of children and youth who are commercial sex exploited, 2) discuss possible factors impacting the child/youth’s exit from the sexual exploitation situation and 3) examine what is known about how to best help victims of commercial sexual exploitation including identifying their needs, appropriate approaches and possible interventions.  

Tennessee Joint Task Force for Children’s Justice and Child Sexual Abuse Treatment Committee  2021. 54p.

Exploited in Plain Sight: An assessment of commercial sexual exploitation of children and child protection responses in the Western Balkans 

By The Global Initiative Against Transnational Organized Crime’s Observatory of Illicit Economies in South Eastern Europe (SEE-Obs)  

The Western Balkan Six (WB6) has historically not been at the center of attention and research investigating commercial sexual exploitation of children (CSEC). Despite a growing body of literature on human trafficking in southeastern Europe generally, there is little data on CSEC specifically. Information is rarely reported by local media, also because the patriarchal and traditional structure of societies in the Western Balkans fuels a widespread belief that sexual exploitation of children either does not exist or is an exception rather than the rule. Very few reports have therefore previously looked at the WB6’s role, its vulnerabilities, and its contribution to the CSEC phenomenon in a comprehensive way. At the same time as CSEC is gaining attention globally, societies and institutions in the Western Balkans continue to have low levels of awareness and capacity to take on the phenomenon. CSEC manifests itself in several interconnected forms in the WB6, including in the sex trafficking of minors, exploitation of children in travel and tourism, early and forced marriage, and sexual exploitation in venues such as brothels, bars, and strip clubs. It is also reflected in the creation and distribution of child sexual abuse materials (CSAM) online, including but not limited to the recording, live-streaming, sharing, and downloading of materials depicting minors being sexually exploited. There are also several overlaps between CSEC and other forms of exploitation, including labor exploitation (e.g., begging). Even before the COVID-19 pandemic hit the WB6, the region was recording an increasing number of CSEC cases. Given the lack of research and court data that could serve as a basis for analysis, there is no common profile of perpetrators involved in CSEC in the region. It seems that perpetrators are operating across the region without much scrutiny, facilitated by digital technologies and networks, the rise in tourism, and widespread weaknesses in the child protection system. Criminal actors also take advantage of the region’s socio-economic vulnerabilities and endemic marginalization, making various ethnic minorities even more vulnerable. This report assesses children’s vulnerability to CSEC across the WB6 and focuses specifically on online sexual exploitation of children and sexual exploitation of children in travel and tourism (SECTT). It also provides an overview of what law enforcement authorities, private companies, and civil society organizations are doing – and what they are not doing – to respond to, combat, and prevent the various manifestations of CSEC.

Geneva: SWIT: The Initiative, 2021. 96p.

Gender-sensitive Study on Urban Child Labour in Istanbul

By Aysegul Kayaoglu

A child laborer makes a most casual sight in Istanbul. In many sectors from construction to textiles, Turkey's business capital is where thousands of children go to work on any day. In this huge metropolis of over 15 million residents, child labor has long been a given. However, is it also inescapable? Are children hopelessly destined for abusive work here forever? This report is the product of a meticulous study conducted by a group of researchers who believe otherwise. They aimed to paint a comprehensive picture of the urban child labor in Istanbul with all its push and pull factors accurately identified for both girls and boys. They went door to door to meet all stakeholders -- children, parents, employers, teachers, elected officials, and experts as well as workers at public agencies and not-for-profit organizations. This summary report pertains to the specific case of Syrian refugee children as well as those of the low-income host community and the extremely impoverished Roma people. There, readers will not only see critical statistics and insights deduced from the interviews but also hear members of those study groups speak for themselves and discuss their experiences, perceptions, hopes, and fears. What follows is a long list of findings and recommendations that could be useful in actual policymaking and implementation.

London: Save the Children International, 2021. 63p.

Can lowering the minimum age of criminal responsibility be justified? A critical review of China's recent amendment

By Aaron H. L. Wong

In 2021, China amended its law on the minimum age of criminal responsibility (MACR), lowering the MACRof two specified offences to twelve years. As a result,China now has three different levels of MACR for dif-ferent offences. Based on the position in China, thisarticle argues that while lowering the MACR against the international trend can be justified as a necessary measure to tackle serious crimes committed by chil-dren, creating different levels of MACR based on the types of crime is wrong in principle. This article fur-ther considers the classic dilemma in setting an absoluteMACR, which results in either freeing the guilty or convicting the innocent. It is argued that setting a relatively low MACR accompanied by robust safeguards of doli incapax, child immaturity defence, diversion and wider sentencing options would allow a better assessment of children'sculpabilityandbetterservetheinterestsofjus-tice. It is also suggested that lowering the MACR will not unjustifiably undermine children’s rights if the juvenile justice system could ensure only those truly culpable could be convicted and that the option of prosecution is reserved as a last resort.

Howard Journal of Crime & Justice, Pages: 3-21 | First Published: 2024

Putting Children First: A rights respecting approach to youth justice in Australia

By Save the Children - Australia

At its best, the youth justice system has the potential to turn around lives, be responsive to the needs of children and young people, provide the supports they need to thrive, and thereby keep communities safer. In recent years, numerous reports and inquiries across Australia and internationally have detailed the negative impacts that contact with the justice system can have on children and young people. This is particularly the case for Aboriginal and Torres Strait Islander children and young people, who are overrepresented across all youth justice systems in Australia and are detained in youth detention facilities at unacceptably high rates. Despite some recent gains and efforts in certain jurisdictions to better utilise prevention and early intervention across the system and support culturally safe practices, youth justice systems in Australia persistently violate child rights. Our youth justice systems are also often not fit-for-purpose to support the needs of children and young people and divert them out of the system for good. Punitive and incarceration-focused policies and practices directly undermine the key outcomes that governments are seeking to achieve through these policies, including to reduce recidivism and improve community safety. This report comes at a time when there has been significant youth justice reform across a number of states and territories in Australia, and a strengthened political imperative at the national level to raise the age of criminal responsibility and ameliorate the ongoing legacy of racial injustice. Right now, more than ever, there is also a heightened public consciousness that demands a new and better approach to youth justice. The report aims to highlight why child rights are important, how these rights are relevant across youth justice systems, where child rights are being undermined in youth justice today and where the greatest opportunities are for reform.

Save the Children - Australia: 2023. 109p.

Children and Young People in Gangs: A longitudinal analysis. Summary and policy implications

By Juanjo Medina, Andreas Cebulla, Andy Ross, Jon Shute, and Judith Aldridge

Youth gangs have received widespread political and media attention in the last decade. Gang membership has been linked to violent crime among young people, particularly in cases of gun and knife crime. More recently, this focus on gang membership among young people has been amplified by the rioting in some UK cities in summer 2011. Based on the suspected link between gangs and violent crime, government and different agencies have begun to develop policy responses to gangs. In November 2011, the government published its cross-government strategy to combat gang and youth violence. Alongside this, police forces and local authorities are drawing on US models to tackle gangs, including the formation of dedicated units and multi-agency teams. This study aims to enhance the evidence base for the developing policy context. We have used data from the Offending, Crime and Justice Survey (OCJS) to explore the circumstances that lead to young people joining, remaining, and leaving gangs in England and Wales. The OCJS provides the best nationally representative data available on young people’s victimisation and offending in the UK. Our findings, which are discussed in more detail in this briefing paper, are that gang membership increases the chances of offending, antisocial behaviour, and drug use among young people. This finding vindicates the current policy approach of treating gang membership as a distinct part of crime prevention and youth policy.

Manchester, UK: Centre for Criminology and Criminal Justice at the University of Manchester and NatCen Social Research,, 2013? 13p.

Children’s Voices: A review of evidence on the subjective wellbeing of children involved in gangs in England

By Kara Apland, Hannah Lawrence, Jeff Mesie and Elizabeth Yarrow

This paper reports the findings from an evidence review ofthe views, perspectives and experiences of children in involved in gangs, on matters related to their subjective wellbeing. The report forms part of a series of studies examining the subjective wellbeing of vulnerable groups of children in England. This series was produced as part of a larger project focused on improving evidence about childhood vulnerability. Objectives of the review The main objectives of the review were:  to identify, appraise and synthesize published qualitative evidence on the subjective wellbeing of children in detention in England  to draw out key findings and conclusions from the evidence, as well as identifying any important gaps.

London: Children’s Commissioner for England, 2017. 39p.