@misc{9226966,
  abstract     = {{In Government Bill 2025/26:246, the Swedish Government proposes lowering the age of criminal responsibility to 13 for certain serious offences. The proposal would allow children aged 13–14 to be sentenced to imprisonment. The reform is primarily justified by the increase in gang-related crime and the involvement of increasingly younger children in serious violent offences.
The purpose of this thesis is to examine whether the proposed legislation allowing imprisonment for children aged 13 can be justified as a crime-preventive measure, and whether it is compatible with the Convention on the Rights of the Child. The thesis is based on a legal dogmatic method with elements of legal historical analysis. The theoretical framework consists of general prevention, individual prevention, and Herbert L. Packer’s crime control and due process models.
The analysis demonstrates that the proposed legislation is not sufficiently substantiated as a crime-preventive measure. It also shows that the proposal stands in clear tension with the requirements of the Convention on the Rights of the Child concerning the best interests of the child, reintegration, and deprivation of liberty as a measure of last resort. The legal historical analysis shows that the deprivation of liberty of children has repeatedly been criticised for its limited crime-preventive effects, high recidivism rates, and negative consequences for children’s reintegration. From the Penal Code of 1864 to the present legal framework, Swedish law has largely developed in a direction away from the imprisonment of children. The proposed reform therefore constitutes a departure from that legal development.
As part of the assessment of less intrusive alternatives, the thesis shows that treatment-oriented measures may constitute a more appropriate alternative than imprisonment for children. The research examined in the thesis suggests that interventions such as cognitive behavioural therapy, family-based treatment, and individualised support programmes have better prospects of reducing recidivism than imprisonment.
Packer’s models describe two opposing ideals within criminal law. The crime control model emphasises an efficient and robust criminal justice system, in which effective crime control is prioritised. The due process model emphasises the rule of law, restraint, and the protection of individual rights. Through these models, the fundamental tension between societal protection and the protection of children’s rights is brought to light. The reform primarily reflects a crime control-oriented approach, where effective crime control and clear penal responses are prioritised. This occurs at the expense of a more due process-oriented perspective, in which restraint and the rights of the child are given greater significance.}},
  author       = {{Osman, Jenin}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Mellan barnskydd och samhällsskydd - En analys av lagförslaget om fängelse för 13-åringar som brottsförebyggande åtgärd och dess förenlighet med barnkonventionen}},
  year         = {{2026}},
}