The special vulnerability of unaccompanied foreign minors in conflict with criminal Law

Abstract

Although childhood is universally recognized as a vulnerable stage, the criminal justice system is not adapted to its needs —especially in cases where the alleged offender is an unaccompanied foreign minor. In such instances, the vulnerability associated with age is compounded by factors stemming from their status as migrants in the national territory without the presence of parents or another responsible adult. Indirect discrimination, cultural misunderstanding, and the lack of training among legal professionals further reinforce their exclusion. Throughout these pages, an individualized assessment of the minor at an early stage in the process is advocated, in order to identify their specific needs and adopt measures that ensure a more inclusive and equitable justice system for these minors.