‘Free to Choose’: from 9 August, safeguards for minors wishing to break free from mafia environments
From housing solutions to changing one’s identity, ‘Liberi di scegliere’ is implementing measures for young people and families who wish to break away from organised crime
Key points
The ‘Free to Choose’ Act, which came into force on 9 August, is dedicated to the protection minors living in environments affected by organised crime. Having gone almost unnoticed amidst the spotlight on changes to the rules governing the criminal responsibility of minors, the legislation – comprising 13 articles – takes a different approach and aims to protect, with a view to prevention and rehabilitation, minors who wish to escape the criminal environment in which they live. It does so through a comprehensive protection network covering families as well, particularly mothers. Conversely, however, measures relating to parental responsibility are also being strengthened, including the restriction or withdrawal of parental rights in cases where the family environment poses a serious risk to the child’s development.
Measures on the ground
The law covers everything from personal protection measures to socio-economic support . The package provides for the possibility of transfer to safe places, psychological, educational and financial support, education and training programmes, employment integration, housing solutions and the option to keep documents relating to protection measures confidential, as well as, where necessary, a change of identity. The legislation also provides for the establishment of a Technical-Scientific Committee within the Ministry of Justice and the strengthening of the role of youth social services and the local network; it also sets out the procedures for the modification, suspension and revocation of measures by the Juvenile Court.
The categorical imperative that inspired the legislator is the best interests of the child, in line with the principles of the European Convention on Human Rights. It is precisely with this in mind that it has been established that the measures may be applied not only to young adults who came under the scope of guardianship whilst still minors, but also to parents and other significant adults who intend to support the child on their journey towards ‘emancipation’.
A support network for children and parents who are under investigation or have been convicted
A support network for the children of individuals under investigation, charged or convicted of criminal association offences, mafia-type association and association for the purpose of illicit drug trafficking, or for offences aggravated by the use of mafia methods, where measures restricting parental responsibility or other educational support measures have already been adopted. The law also applies to minors under investigation, charged or convicted of the same offences who wish to break away from the criminal circuit, and minors who are victims of acts of violence or intimidation by organised crime. ‘Free to Choose’, unlike the protection regulations for collaborators and witnesses for the prosecution, does not make access to safeguards conditional upon the minor’s cooperation regarding the offences. The only requirement is the desire to turn over a new leaf.
