Youth justice has evolved in various forms, spanning from a purely welfareoriented
to a justice-oriented approach. Recently, elements of restorative justice
and children’s rights have been implemented, partly due to human rights
movements underpinning the standard setting of the UN (Children’s Rights
Convention), the Council of Europe (ERJOSSM 2008), and the European Union
(e.g., the Directive 2016/800). The past decades have also seen an increasing
influence of punitive thinking, though the decline of juvenile crime rates,
particularly violent crimes, has moderated this punitive turn. Some countries
have successfully resisted "punitive infections” and maintained a moderate
juvenile law focused on diversion and educative alternatives instead of punishment.
Slovenia is one such country, widely resisting a punitive turn. The
Slovenian moderate approach was evident during Yugoslavian times, especially
when compared to its neighbours (e.g., Serbia). The influence of Professor
Alenka Šelih in fostering a moderate penal climate cannot be underestimated.
A new reform development in Europe and the US is the expansion of the scope
of youth justice to include young adults up to 21 years or even beyond (the
Netherlands: 23). This reform movement and practice is based on new neuroscience
evidence on brain maturation, as well as developmental and sociological
evidence concerning the transition from childhood to adulthood. Slovenia,
like Germany, was one of the forerunners in considering the application of
youth justice dispositions for young adults. Although it is challenging to compare
different systems in terms of effects and efficiency, some good practices
can be identified by referring to human rights standards as a benchmark.
Key words: youth, restorative justice, human rights, crime, punishment, Alenka
Šelih, comparative law.