Eurochild’s contribution to the Action Plan on the Protection of Minors against Crime
Eurochild welcomes the European Commission’s initiative to develop an Action Plan on the Protection of Minors against Crime.
Children affected by crime must be treated first and foremost as children and rights-holders. The Action Plan should recognise that children may come into contact with crime in different ways: as victims, witnesses, alleged offenders, perpetrators, or often as both victims and perpetrators. This is especially relevant for children affected by poverty, discrimination, trauma, violence, exploitation, migration, institutionalisation, family conflict or social exclusion.
Eurochild argues that children's contact with the justice system often reflects failures of prevention, protection and support by the State, and should therefore be addressed through child protection, early intervention, rehabilitation and reintegration rather than punitive or security-based responses. The paper calls for access to justice to be guaranteed across all systems children encounter, including criminal, civil, administrative, child protection, custody and restorative justice proceedings.
Children face specific barriers, including a lack of child-friendly information, limited understanding of procedures, dependence on adults, conflicts of interest, and a lack of legal standing, legal capacity or independent representation. These barriers are particularly acute for children in vulnerable situations. Eurochild highlights serious gaps across Europe, including delays, repeated questioning, insufficient legal and psychosocial support, limited child-friendly procedures and weak coordination between justice and child protection systems.
A central recommendation is that justice systems must be child-friendly, coordinated and trauma-informed. Eurochild warns against trends to lower the age of criminal responsibility and calls for rights-based, non-stigmatising language. Terms such as juvenile delinquents or criminal minors should be avoided in favour of language such as children in contact with the justice system or children alleged as, accused of or recognised as having infringed criminal law.
The paper also stresses that children should never be placed in settings with adults and that detention must be used only as a genuine last resort for the shortest appropriate time. Diversion, restorative justice, mediation, educational measures and community-based alternatives should be prioritised. Eurochild also emphasises the need to address root causes. Poverty, exclusion, discrimination, housing insecurity, migration status, family violence, lack of access to education, institutionalisation and weak support services can all increase children's exposure to exploitation, recruitment and criminalisation.
The Action Plan should therefore strengthen integrated child protection systems, with clear referral pathways, multidisciplinary cooperation, child-centred case management, Barnahus-type models, safe reporting mechanisms and sustainable funding. It should also prevent the criminalisation of status-related behaviours such as running away, begging, school absence or survival strategies linked to poverty or exploitation.
The paper calls for targeted protection for children in vulnerable situations, including children in migration, children with disabilities, children in alternative care, children experiencing homelessness, LGBTQI+ children, racialised children, and children facing violence at home. It stresses that children should never be punished for offences they were forced or exploited to commit, including in cases of trafficking, drug-related exploitation, sexual exploitation, false documents or recruitment by criminal networks. The principle of non-punishment must be applied in practice.
Eurochild also calls on the Action Plan to address racial profiling, discriminatory policing and over-criminalisation. Children and young people must not be criminalised, intimidated, or disproportionately policed for taking part in peaceful assemblies, human rights advocacy, climate activism or anti-racism movements.
