At the beginning we introduced Amin and Destiny and we told their stories.

Amin committed a crime without being aware of it; to this very day, it is unclear to him what is happening in his life and especially what is going to be his future.

Let’s ask ourselves some questions.

• Can an individual assessment model, based on the concept of the “multidisciplinary approach” (as envisaged by the Convention on the Rights of the Child), have an impact on Amin’s life?
• Can the same model improve the system?

The answers can both be affirmatives.

A model of individual assessment, which gathers the good practices already established in other contexts, and implements and integrates them within the penal system, allows the child to receive fair treatment and participate based on increasingly universal standards in terms of the application of human rights. It should be added that such a model allows the system to optimize its instrumental and non-instrumental resources and, moreover, ensures greater incisiveness and effectiveness in judicial action in the various stages of criminal proceedings.

According to the findings of the research developed within the CFJ-DCSCP project, the Italian system has still deficiencies that need to be solved [1]:

• legal framework incomplete, the Directive EU 2016/800 has not been transposed;
• lack of coordination and referral mechanism between the stakeholders involved in the individual assessment procedure;
• lack of Standard Operating Procedures on: “when, who, why and how” Individual Assessment should be conducted.

The purpose of the individual assessment is to protect against secondary victimisation, promote social reintegration and enable child participation in criminal proceedings in line with the best interests of the child.

In carrying out individual assessment procedures, the following aspects should be addressed specifically.

When working with victims:

• What is the personal condition, and which are vulnerabilities and resources (not only in the material sense) of the young child?
• What possible solutions can be applied in taking care of the child?
• What are the gaps that particularly affect the System for the Protection of Child and what are the major critical aspects?

When working with offenders:

• What needs and situations an unaccompanied migrant child involved in a criminal procedure encounter?
• What possible solutions can be applied in the care and reintegration of unaccompanied migrant children?
• What possible interventions can be envisaged from the point of view of follow-up activity?

It is also necessary to understand in which areas an individual assessment model can respond to the needs identified, who the other interlocutors are (institutional actors, NGOs, international organizations) and what additional resources would be necessary for a greater implementation of individual assessment procedures.

The United Nation Convention on the Rights of the Child, “New York Convention of 1989” is the first binding international instrument to promote the adoption of a “holistic approach” or “multidisciplinary approach” towards the child and expresses an attitude of satisfaction of the child’s needs.

Today, the child is considered as a rights-holder, a person with his/her own needs, opinions, hopes and fears and is made to participate and be the protagonist of his/her future choices. Using a holistic approach means considering the child as a whole and enhancing his/her dignity.

The following articles of the Convention have been identified as general principles and express the spirit of the Convention [2]:

Art. 2 – “States Parties undertake to respect the rights set forth in the present Convention and to guarantee them to every child within their jurisdiction, without distinction of any kind and without regard to the child’s or his or her parents’ or legal representatives’ race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, financial situation, disability, birth or other circumstances.”

Art. 3 – “In all decisions concerning children, whether by public or private institutions of social welfare, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a continuing consideration”.

Art. 6 – “States Parties recognize that every child has an inherent right to life and shall ensure as far as possible the survival and development of the child.”

Art. 12 – “Children are guaranteed the right to express their views freely in all matters affecting them, given their weight according to their age and level of maturity.”

Art. 40 of the Convention defines in greater detail the rights of juveniles suspected or accused of having committed a criminal offence; it calls upon the countries signatory to the Convention to promote the adoption of laws, procedures, the establishment of authorities and institutions specifically intended for juveniles suspected, accused or found guilty of having committed a criminal offence, and in particular identifies the minimum procedural guarantees for the juvenile, the minimum age limit for criminal responsibility, as well as promoting procedures involving the implementation of a set of alternatives to institutionalization and imprisonment.

During the proceedings, the child should be treated in a manner that fosters his or her sense of dignity and personal worth, reinforces his or her respect for human rights and fundamental freedoms [3].