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To what extent can government authorities respond to the radicalization of young people?

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Tackling radicalization among young people is a complex issue, and government authorities may choose to apply legal measures. PhD student Nina van Capelveen investigated the risks such legal measures pose to the fundamental rights of minors.

Nina van Capelveen’s research considers how to strike a balance between ensuring public safety, young people’s development and protecting fundamental rights while tackling radicalization.

In her Ph.D., Van Capelleveen used verifiable decision-making, judicial review, and the specific interests of young people to prevent illegitimate government intervention in her thesis, “Radicalization among Minors and Government Intervention.” It emphasizes the need for legal safeguards such as consideration for

Her recommendations include a youth-specific approach, a clearer definition of the concept of radicalization, and stronger legal protections for minors.

How far can government authorities go?

Mr Van Capelveen considered how this law could be applied in response to signs of radicalization, particularly within juvenile criminal law, administrative law and youth protection law. To better understand the current government response, she interviewed experts who actually deal with radicalization.

This included personnel working for the police, local authorities, the public prosecutor’s office, NCTV (the Netherlands’ main anti-terrorism force), and the Child Care Protection Board. She also studied laws, regulations and policies related to approaches to radicalization in the Netherlands.

A key question is to what extent government authorities can act in accordance with international child rights and international human rights to safeguard national security and the protection of the development of minors in cases of radicalization.

Clear safeguards, including verifiable decision-making, judicial review, and consideration of the specific interests of minors, are essential to protect these rights and prevent unlawful government interference.

Measures to prevent radicalization

In his paper, Van Capelveen demonstrates that the legal tools used to tackle radicalization in the Netherlands have expanded in recent years, particularly in response to the radicalization of jihadists. As a result, government authorities are able to intervene sooner in response to signs of radicalization.

Possible legal avenues include:

Child protection measures under the Child Protection Act and placement of minors in safe youth protection facilities. Prohibitions and injunctions under criminal law. For example, no-contact orders, reporting requirements, bans on social media use, or requirements to talk to a professional about religious beliefs. Measures under administrative law (exclusion orders, travel bans, interventions affecting passports, etc.).

risk

Minors are particularly vulnerable when government authorities act on signs of radicalization and restrict their fundamental rights. Their age and developmental stage also make them particularly susceptible to radicalization.

Interventions by government authorities in response to signs of radicalization undermine many children’s rights and human rights, including freedom of thought, conscience and religion, freedom of expression, the right to family life, freedom of movement, personal freedom, and human rights. may be infringed. Prohibition of torture and inhuman treatment.

International child rights and international human rights emphasize the need not only to protect minors from state intervention, but also to protect the safety of society and the welfare of minors from the risks of radicalization.

Recommendations

Van Capelveen calls for a more youth-specific approach to radicalization, viewing the radicalization of minors from a care and development perspective. She also recommends greater clarity and uniformity in the definition of the term “radicalization” at the national level.

Various interpretations of this concept currently lead to significant differences regarding the indications and minors targeted by approaches to radicalization. In doing so, she recommends a decision-making framework for national decision-makers (Prosecution Service, Child Protection and Protection Commission, NCTV) to introduce legal instruments to tackle radicalization that comply with children’s rights.

Provided by Leiden University

Citation: How far can government authorities go to tackle the radicalization of young people? (15 January 2025) https://phys.org/news/2025-01-authorities-tackling-radicalization-young-people. Retrieved January 15, 2025 from html

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