Abstract
Electronic monitoring of adults had been around for a long time in Belgium. The electronic anklet is the only form of EM used in Belgium. Multiple countries worldwide already use electronic monitoring of minors in a judicial context. Since 2019, EM of minors is also present in the Flemish decree regarding juvenile delinquency law. The Flemish Parliament wants to address the youth in regard to their sense of responsibility. EM of adult or minors do not seem to differ much, causing there to be adultification. Although a lot of recommendations and preliminary drafts precede this decree, it never came to a clear definition or design of EM, except that it cannot in any case be the same as EM of adults.Nevertheless, article 29 ยง4 states that EM must always be accompanied by supervision. Furthermore, little was done with the concerns raised. The Flemish minister of Justice and Enforcement launched a project group with various experts for this. By 2022 they need to answer the four criteria, namely, the target group, the interpretation of the guidance, coming up with an innovative technology and the prerequisites, so that an implementation
decision can follow.
Voice recognition, kiosk reporting, the wrist and ankle bracelet, smartphones with apps and GPS and the use of biometric data are EM of adults or minors technologies that are used to this day. However, there does not seem to be an ideal form since research points out that these technologies come with different pains. Tension and stress arise, stigmatization and marginalization, financial disadvantages, watching others, being watched and bracelet effects, net-widening and net-deepening, (false) recidivism and invasion of privacy. There are also some advantages to EM of minors (and of adults). The youth can carry out their sanction at home. The negative habits and associations are broken, and their positive ties are strengthened. They can also continue their daytime activities, such as school and extracurricular activities. The project group faces a major challenge to develop an innovative technology in which the pains and tightness are minimized, especially in terms of stigma and the invasion of privacy. A combination of the smartphone, biometric data, a day filled with activities and 24/7 supervision seem to be the best solution. Researchers teach us that degrees within the sanction as well as between sanctions are a must. Young people should be allowed to grow through trial and error.
There is a need for further research on the eventual practical implementation of EM of minors. The translation of theory into practice influences a lot of sectors, including youth work, juvenile justice, and the youth. Can EM get young people to take on the responsibility that politicians are looking for and thus bring about a low recidivism rate? The long-term effect of EM is unknowable. Do politicians keep their promise not to use EM as net-widening and net-deepening?
| Date of Award | 2021 |
|---|---|
| Original language | Dutch |
| Supervisor | Jenneke Christiaens (Promotor) |
Keywords
- Electronic monitoring
- youth
- establishment of electronic monitoring in Flanders