Informe Nº: 16/10/2013
Once again there is a proposal to lower the age of criminal responsibility in order to fight crime. It is extremely positive that the political agenda is focused on issues that concern the citizens. But the proposal ignores the most important cause that makes adolescents become offenders, which is early school dropout. Therefore, the most effective way to prevent juvenile delinquency is not toughening the criminal justice system, but correcting the severe management problems suffered by the educational system and the Universal Child Allowance.
Faced with the perception that insecurity is a major concern, during the electoral campaign the ruling party suggested the possibility of lowering to 14 years the age of criminal responsibility. This would imply that adolescents who are 14 or older and commit a crime can be deprived of liberty. For this purpose, special detention centers for minors will be used. The underlying objective is to reduce crime and protect minors by offering an alternative rehabilitation option.
The initiative has generated much debate and not a few negative reactions, even within the ruling party. This is a complex and contentious issue. The proof is that this argument is neither new nor unique to Argentina. In this context, and given the strong connection between the dropout rates and the risks of crime, it may be interesting to analyze the schooling situation of young people between 15 and 17, i.e. the bulk of adolescents reached by the reduction in the age of criminal responsibility.
According to INDEC’s Annual Urban Household Survey for 2012 and taking into account only males, since it is the group that most likely turns to crime, it can be seen that:
· 8% of 15 year olds have left school.
· 15% of 16 year olds have left school.
· 26% of 17 year olds have left school.
This official data demonstrates that there is a high incidence of school dropouts among the bulk of teens reached by the decrease in the age of responsibility. They are about 180 thousand adolescents of which about half work and half neither study nor work (“ni-ni”). That fact that 1 every 4 young men neither study nor work is very suggestive evidence for better understanding the crime problem among minors.
Although striking, the data should not be surprising when taking into account that the Programme for International Student Assessment (PISA) shows that 52% of 15 year old students do not understand what they read and 64% cannot solve basic mathematics. Poor training leads to early dropout and leads many young people to reach adulthood in a situation of extreme precariousness. This is how, later, one fourth of young people between 18 and 24 remain as “ni-ni” (neither study nor work). Therefore, it’s necessary to avoid electoral opportunism and improvisation. Just like the failure of the police force is not going to be solved by overlapping their functions with the Gendarmerie, the main tool to battle juvenile delinquency is not to modify the criminal justice system, but to attack early school dropouts.
The first step is to assume that, up to now, the Educational Financial Act and the Universal Child Allowance is both failing. It is a mistake to consider “successful” the increase in public education spending from 4% to 6% of gross domestic product (GDP) regardless of the destination given to these resources. Likewise, if we consider that one of the main objectives of the Universal Child Allowance is to keep young people in school, the high dropout level, mostly concentrated among lower-income families shows that this goal is not being met. Quite the opposite, being managed the way it is, it operates in the same way as traditional clientelistic programs.
It is extremely positive that the political debate addresses the issues that are of concern to the population. But for the dialogue to change into effective solutions it is essential not to distract the efforts. Faced with such a grave and delicate problem, like teenage crime, the priority is keeping kids in school and ensuring that they receive the training required by the labor market. This is not going to be achieved by a reformation of the penal code, but by changing the management criteria of the Universal Child Allowance and of the education system.