How far can government authorities go in tackling radicalization among young people?

Date:


Credit: Unsplash/CC0 Public Domain

Tackling radicalization among young people is a complex issue in which government authorities may choose to apply legal measures. Ph.D. student Nina van Capelleveen examined the risks such legal instruments can pose to the fundamental rights of minors.

Nina van Capelleveen’s research looks at how to strike a balance between ensuring public safety, protecting the development of young people and their fundamental rights while tackling radicalization.

In her Ph.D. thesis, Radicalisering bij minderjarigen en overheidsingrijpen (Radicalization among minors and government intervention), Van Capelleveen stresses the need for legal safeguards such as verifiable decision-making, judicial review and attention to the specific interests of young people in order to prevent unlawful government intervention.

Her recommendations include a youth-specific approach, more clarity and uniformity when defining the concept of radicalization and strengthening the legal protection of minors.

How far can government authorities go?

Van Capelleveen examined how the law can be applied in response to signs of radicalization, particularly within juvenile criminal law, administrative law and youth protection law. To gain a good picture of the current government response, she interviewed professionals who deal with radicalization in practice.

This included employees working for the police, municipalities, the Public Prosecution Service, the NCTV (the principal Dutch counterterrorism unit) and the Child Care and Protection Board. She also studied laws, regulations and policies related to the approach to radicalization in the Netherlands.

The key question is how far government authorities may go according to international children’s rights and international human rights in order to safeguard national security as well as the protection of the development of minors in the case of radicalization.

It is essential that there are clear safeguards in place, such as verifiable decision-making, judicial review and attention for the specific interests of minors in order to protect these rights and to prevent unlawful government intervention.

Instruments to prevent radicalization

In her thesis, Van Capelleveen demonstrates that the legal instruments used in the Netherlands to tackle radicalization have been extended in recent years, particularly in response to jihadist radicalization. As a result, government authorities can now intervene sooner following signs of radicalization.

Possible legal instruments are:

  1. Child protection measures and placement of a minor in secure youth care under child protection law.
  2. Prohibitions and injunctions under criminal law, such as an order prohibiting contact, a reporting obligation, a ban on the use of social media, or being required to have conversations with an expert on religious beliefs.
  3. Measures under administrative law, including an exclusion order, a travel ban or an intervention affecting a passport.

Risks

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

Interventions by government authorities in response to signs of radicalization can infringe on a number of children’s rights and human rights, such as freedom of thought, conscience and religion, freedom of expression, the right to family life, freedom of movement, personal freedom and the prohibition of torture and inhuman treatment.

International children’s rights and international human rights stress not only the protection of minors from state intervention, but also the need to protect the security of society and the welfare of minors from the risks of radicalization.

Recommendations

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

The various interpretations of this concept currently lead to vast differences as to the signs and the minors that are covered by the approach to radicalization. In doing so, she recommends a decision-making framework for national decision-makers (the Public Prosecution Service, Child Care and Protection Board and NCTV) to deploy legal instruments in tackling radicalization that comply with children’s rights.

Provided by
Leiden University


Citation:
How far can government authorities go in tackling radicalization among young people? (2025, January 15)
retrieved 16 January 2025
from https://phys.org/news/2025-01-authorities-tackling-radicalization-young-people.html

This document is subject to copyright. Apart from any fair dealing for the purpose of private study or research, no
part may be reproduced without the written permission. The content is provided for information purposes only.



Share post:

Subscribe

Popular

More like this
Related

How Alcohol Affects Your Gut

If you have gut problems, alcohol might be...

Potato Battery Experiment: How-To Plus Free Worksheet

This Potato Battery Experiment is a fun way...

Rainbow Walking Water Experiment: How-To Plus Free Worksheet

The Rainbow Walking Water Experiment is such a...