Protection can obviate the need for punishment

Thailand is this week hosting the first meeting of the Asia-Pacific Council for juvenile justice. While it remains to be seen to what extent the conference will have a meaningful impact on the subject in the long run, it may at least give public attention to an issue that is often overlooked.

The treatment of adolescents who are in trouble with the law should be different from that of adults. Creative and innovative methods need to be considered to ensure that errant youngsters can still become productive and law-abiding citizens after they’re discharged from custody of the authorities.

Youths commit offences for various reasons, some because of financial pressure and in other cases because more adolescents every year are involved with drugs. The responsible government agencies thus have to deal with these problems at their root causes.

Young people have to take responsibility for their actions, but their rights must also be protected. The remedial process should ensure that young people learn from the juvenile justice systems and are aware of the consequences of their misdemeanours or crimes.

As we know, adolescents’ behaviour can be influenced by many factors. Some commit offences because of poor education or a lack of a worthy role model to provide guidance. Some young people who get on the wrong side of the law have ended up committing offences because there has been no proper structure in their lives. Some have never been around exemplary leaders, or have not benefited from positive peer pressure that might have encouraged them to develop and thrive. Yet other young people commit offences because they’ve grown up in negative home environments or in bad neighbourhoods.

Society and adults have a duty to protect our children by providing the best environment possible for them to flourish. For instance, in some communities there are no after-school activities to enable children to spend their time constructively.

But when young people commit offences, the reform process should ensure that they are able to learn from the consequences. Creative methods to achieve proper and effective rehabilitation should be focused on giving a second chance through constructive activities that are of benefit to society at large. Requiring errant youths to perform a certain number of hours of community service can encourage them to feel good about contributing to the community and country. In this respect, it is also important that mentoring systems be provided.

Disciplinary procedure should also incorporate effective support to ensure that young people receive the help they need. Psychologists and counsellors should be provided to help adolescents with particular emotional problems. 

Cooperation among the relevant authorities, non-profit-organisations and private organisations would also help in providing the assistance that young people need. Job training and skills training would certainly go a long way toward preventing youngsters from committing the same offence and falling into the trap of recidivism. This is especially important if crimes and misdemeanours stem from financial need.

Perhaps most importantly, the most effective rehabilitation will come only from understanding on the part of society, local communities and families, all of whom are essential elements of the support system. The ideal of juvenile justice is to protect children’s rights and give them a second chance after effective rehabilitation.