Protecting Juveniles... From Deviance to Rehabilitation

Protecting children is one of the most important issues, reflecting the extent of society’s concern for the future of its generations. Children are the nation’s true wealth, and dealing with juvenile delinquency should not be limited to punishment; rather, it must be based on prevention, rehabilitation, and reintegration, ensuring their protection and successful reintegration into society.

The Kuwaiti legislator, through Juvenile Law No. 111 of 2015, was keen to establish a comprehensive legal framework that goes beyond dealing with delinquent children to include those at risk of delinquency, thereby affirming that the philosophy of the law is based on early intervention and protection before the problem escalates.

Among the most prominent manifestations of this protection is the law’s provision that children under the age of seven at the time of committing the act are not criminally liable. It also established special measures for children that take into account their ages and circumstances, aiming to reform their behavior. These measures include handing the child over to a guardian or a relative, vocational training, judicial probation, and placement in social welfare institutions or specialized hospitals, depending on the circumstances.

The law also prohibited imposing the death penalty or life imprisonment on children, affirming that their treatment differs from that of adults.

The law did not overlook social and psychological aspects; it mandated the involvement of social experts and the submission of reports to assist the court in understanding the child’s circumstances, as well as their family and social conditions. It also guaranteed the child’s right to legal counsel and mandated the appointment of a lawyer for those who do not have one. Furthermore, it ensured the confidentiality of juvenile trials and prohibited the publication of their names, images, or details of the investigations and trials concerning them, in order to protect their privacy and future.

Protection also extended to confronting anyone who exploits a child, exposes them to delinquency, or facilitates such behavior. The law established penalties for those who create conditions conducive to delinquency, incite it, or facilitate its commission, thereby affirming that responsibility does not rest solely on the child, but extends to anyone who contributes to exposing them to danger.

Ultimately, the protection of children is not achieved merely by applying the law; it begins with early attention to any behavior that may expose a child to delinquency, and containing such behavior within the family, school, and social environment, while proactively seeking assistance from competent authorities when necessary.

Parents must also monitor their children, strengthen dialogue with them, and not treat their mistakes as the end of the road, but rather as opportunities for guidance and reform. Cooperation between the family, the school, and state institutions is the practical means for preventing delinquency, reintegrating the child into society, and protecting their future.

A Kuwaiti lawyer