The Development of the Irish Youth Justice System: Toward a Children’s Rights Model of Youth Justice?

• Author: Louise Forde,Katharina Swirak
• DOI: http://doi.org/10.1177/10439862221138682
• Published date: 01 February 2023
• Date: 01 February 2023
• Subject Matter: Articles

https://doi.org/10.1177/10439862221138682

Journal of Contemporary Criminal Justice

2023, Vol. 39(1) 114 –132

© The Author(s) 2022

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DOI: 10.1177/10439862221138682

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Article

The Development of the Irish

Youth Justice System: Toward

a Children’s Rights Model of

Youth Justice?

Louise Forde1 and Katharina Swirak2

Abstract

The introduction of the Children Act 2001 signaled the beginning of a new era for Irish

youth justice although arguably represented a “late start” for Ireland in modernizing

her youth justice system. Twenty years after the Act came into force, the recently

published Youth Justice Strategy 2021-2027 commits to developing a youth justice

system underpinned by international children’s rights principles. In setting out this

vision, Ireland joins a number of other countries that are making efforts to develop

their youth justice systems based on international children’s rights principles. This

article considers the extent to which Ireland can be said to have moved toward

becoming a children’s rights-respecting youth justice system, with reference to

three specific areas—diversion, serious crime, and detention. As a country with a

hybrid welfare/justice approach to youth justice, and an incremental approach to

the incorporation of its international obligations under the UNCRC, Ireland’s path

toward developing more rights-compliant approaches to youth justice—and the

opportunities and barriers it has encountered—can contribute to global debates for

other countries on a similar trajectory.

Keywords

youth justice, Ireland, children’s rights, youth justice policy, diversion, sentencing,

detention

1Brunel University London, UK

2University College Cork, Ireland

Corresponding Author:

Louise Forde, Brunel Law School, Brunel University London, Uxbridge, London UB8 3PH, UK.

Email: louise.forde@brunel.ac.uk

1138682CCJXXX10.1177/10439862221138682Journal of Contemporary Criminal JusticeForde and Swirak

research-article2022

Forde and Swirak 115

Introduction

The introduction of the Children Act 2001 (“the 2001 Act”) into Irish law signaled the

beginning of a new era for the youth justice system in Ireland. Prior to this, the Irish

youth justice system was governed by the Children Act 1908, which predated indepen-

dence and which was influential in defining the parameters and establishing key struc-

tures of the system. While Ireland is therefore something of a “later starter” in

modernizing its youth justice system, the introduction of the 2001 Act has been said to

have inspired “an era of optimism” (Buckley, 2021). Since then, work has been under-

taken to develop progressive youth justice policies and practices in several areas. This

progressive impulse is particularly evident in the recently published Youth Justice

Strategy 2021-2027 (“the Strategy”). Setting out a roadmap for the future develop-

ment of the youth justice system, the Strategy is notable for its explicit commitment to

ensuring compliance with Ireland’s obligations under the UN Convention on the

Rights of the Child (UNCRC) and the articulation of a set of guiding principles which

mirror UNCRC provisions (Department of Justice [DoJ], 2021).

In adopting a set of Guiding Principles based on UNCRC standards as “a lens

through which youth justice policy is to be understood, delivered, assessed and moni-

tored” (DoJ, 2021: 4), Ireland joins several other countries that are making efforts to

develop their youth justice systems based on international children’s rights principles.

Notably, countries like New Zealand and Scotland—already known for their progres-

sive approaches to youth justice based on restorative justice and welfare principles—

are working to embed the UNCRC further into national law. New Zealand has

incorporated a duty to respect children’s UNCRC rights in its statutory framework for

youth justice (Organa Tamariki Act, s.5; Forde, 2021), while Scotland has embedded

aspects of the UNCRC into national youth justice policy and is now taking steps

toward direct incorporation of UNCRC into Scottish law (Lightowler, 2020). In pursu-

ing these goals, however, all countries face considerable challenges; youth justice

remains an area where children’s rights continue to be regularly violated internation-

ally (Liefaard, 2015; Muncie, 2005). The UNCRC, for example, has raised concerns

about the persistent use of deprivation of liberty, among other issues (UN Committee

on the Rights of the Child [UNCRC Committee], 2019).

Despite the fact that Ireland has not directly incorporated the UNCRC into national

law, the 2001 Act has laid important groundwork for the development of a rights-based

approach (Kilkelly, 2006a). The Youth Justice Strategy 2021-2027 is now taking this a

step further, in setting out a vision for the future development of a rights-respecting

youth justice system in Ireland. This provides an opportunity to reflect on the progress

that has been achieved and the challenges that remain. This article considers the extent

to which Ireland can be said to have moved toward becoming a children’s rights-

respecting youth justice system, with reference to three specific areas—diversion,

serious crime, and detention. As a country with a hybrid welfare/justice approach to

youth justice (Kilkelly, 2006b) and an incremental approach to the incorporation of

UNCRC obligations (Forde & Kilkelly, 2021), Ireland’s path toward the development

of a more rights-compliant approaches to youth justice—and the opportunities and