DEPRIVATION OF LIBERTY OF CHILDREN IN CONFLICT WITH THE LAW: BRIDGING THE GAP BETWEEN EU STANDARDS AND CRIMINAL JUSTICE PRACTICE
DEPRIVATION OF LIBERTY OF CHILDREN IN CONFLICT WITH THE LAW: BRIDGING THE GAP BETWEEN EU STANDARDS AND CRIMINAL JUSTICE PRACTICE

Summary/Abstract: This paper examines the legal framework governing the deprivation of liberty of children in conflict with the law, with particular emphasis on the gap between established European Union standards and their implementation in criminal justice practice. The analysis is grounded in key international and regional instruments, notably the Convention on the Rights of the Child and the Charter of Fundamental Rights of the European Union, which enshrine the principles of the best interests of the child and deprivation of liberty as a measure of last resort. Using a doctrinal and comparative legal methodology, the paper explores the extent to which these principles are effectively integrated into national criminal justice systems, with reference to relevant case law of the European Court of Human Rights. Particular attention is paid to the legal conditions for ordering detention, its duration, and the availability and application of alternative measures. The findings reveal persistent inconsistencies between normative standards and practical implementation, especially regarding proportionality, individualization of sanctions, and the prioritization of non-custodial measures. The paper argues that bridging this gap requires not only formal legal alignment with international and EU standards, but also a substantive shift in judicial and institutional practice. Strengthening safeguards for children and promoting alternatives to detention are identified as essential steps towards ensuring a child-centred approach within contemporary criminal justice systems. Keywords: European Union law, deprivation of liberty, children in conflict with the law, criminal justice practice, alternatives to detention.

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