When childhood ends in court. Analysing the effectiveness of the children’s and human rights frameworks governing juvenile justice: a comparative study of the Netherlands and Sweden

Abstract

Recent severe juvenile crimes in the Netherlands and Sweden have spurred public debates and calls for tougher juvenile sanctions, highlighting fears that children convicted of serious offences might be denied the child-specific protections mandated by children’s and human rights frameworks. When Childhood Ends in Court therefore examines how effective the children’s and human rights frameworks which govern juvenile justice are in protecting the rights of children in conflict with the law. Combining doctrinal and comparative legal analysis, the thesis first assesses whether these frameworks, rooted in the CRC, ICCPR, ECHR, and related instruments, form a legally effective system. It then examines the practical effectiveness of these frameworks, by evaluating to what extent sentencing practices for severe juvenile crime in the Netherlands and Sweden practices embody the core standards that follow from these frameworks. The findings reveal that whilst both countries broadly reflect these standards, notable exceptions remain. These exceptions reveal a normative gap that suggests that the rights protections from these frameworks weaken when young offenders are convicted for serious crime. The thesis therefore concludes that policymakers and courts should bolster safeguards to ensure even the gravest juvenile offenders receive primarily rehabilitative, age-appropriate treatment.