WHEN a child commits an offence, society often reacts swiftly and harshly and understandably so.

The label “criminal” comes quickly. Then judgement follows, “they must be punished.” Globally, the scale of children who offend is significant. The United Nations Children's Fund reports that “at least 259 000 children are deprived of liberty worldwide on any given day” (Unicef, Justice for Children Data, 2024). Estimates suggest that over one million children pass through detention annually. This reality forces us to ask ourselves: are children who offend hardened criminals or just vulnerable children navigating difficult environments?

Understanding juvenile justice

A child offender justice system, commonly known as juvenile justice, is designed to treat children differently from adults.

This reflects decades of legal and scientific understanding. As the United Nations Office on Drugs and Crime explains, “the primary aim of juvenile justice is the rehabilitation and reintegration of the child” (UNODC, Handbook on Restorative Justice Programmes, 2020).

Children are still developing emotionally, mentally and socially. Their decision-making is often influenced by peer pressure, trauma or survival needs. A child-focused system is therefore not a “free pass.” It is a smarter, evidence-based way of ensuring accountability.

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Why children offend

Children’s actions are often shaped by circumstances beyond their control. Their criminal actions are mostly a response to layered social, economic and psychological pressures they face.

Research consistently shows that poverty, family instability, exposure to violence and school exclusion are among the strongest predictors of youth offending. As Abrams observes in (Juvenile Justice at a Crossroads, 2013), “many young offenders are themselves victims with complex welfare needs shaped by their environments.” Similarly, the United Nations Office on Drugs and Crime in Handbook on Youth in Conflict with the Law, (2018) notes that “risk factors such as neglect, abuse, lack of supervision and peer influence significantly increase the likelihood of children coming into conflict with the law.” Studies also highlight that adolescents are developmentally more prone to risk-taking and impulsive behaviour due to ongoing brain development, making them particularly vulnerable to negative peer pressure (Steinberg, Adolescent Development and Juvenile Justice, 2009). In practical terms, this means a child who steals may be responding to hunger, while another who engages in violence may be reproducing behaviours learned in unsafe environments. In many cases, the offender was also a victim at some point.

Does punishment always work?

The Sentencing Project, (Why Youth Incarceration Fails, 2023) concludes that “incarceration of youth does not reduce recidivism and may in fact increase it.” Similarly, David Roodman in (The Impacts of Incarceration on Crime, 2020) finds that “incarceration tends to increase crime after release rather than reduce it.” Why? Because punitive systems:

˜Expose children to hardened offenders

˜Disrupt education and development

˜Stigmatise them for life

In effect, prisons can become training grounds for future crime.

Zimbabwe’s progress

Zimbabwe has taken meaningful steps. Diversion programmes now allow children to be dealt with outside formal courts through counselling, community service and family conferencing. Juvenile courts and probation officers further ensure that decisions are informed by a child’s circumstances.

 

 

 

Within juvenile institutions, including training centres and remand homes, there has been a gradual shift towards rehabilitation. These institutions recognise that children require guidance rather than mere punishment and provide education, life skills development and psychosocial support. These are not small achievements. They represent a growing understanding that justice must build, not break. Even though gaps remain on fragmentation, uneven access and the absence of a unified Child Justice Act for expanded impact, the existing efforts have resulted in many positive results.

Revisiting imprisonment of children

The United Nations Special Representative on Violence Against Children notes that diversion and restorative justice programmes can achieve “compliance rates as high as 90% while reducing reoffending” (UN SRSG VAC, Diversion and Restorative Justice, 2022). Where a country employs more humane ways of dealing with child offenders, the results are often positive. Countries that prioritise rehabilitation show this clearly. One such country is Norway which has one of the lowest recidivism rates globally due to its focus on education and reintegration.

Why rehabilitation is the smarter choice

On one hand, punitive systems have been known to increase re-offending, entrench cycles of crime and cost more long-term. On the other hand, rehabilitative systems are argued to reduce repeat offending, promote reintegration and strengthen communities. Accountability in child justice should help a child to understand harm, repair it and become better.

Holding children accountable responsibly

Holding children for their offences requires approaches that combine responsibility with rehabilitation rather than punishment alone. As the United Nations Office on Drugs and Crime explains in the Handbook on Restorative Justice Programmes, (2020), “effective juvenile justice responses should ensure that children take responsibility for their actions in ways that foster their reintegration and prevent reoffending.” Restorative justice models require children to acknowledge harm and make amends, which research shows leads to stronger behavioural change. Zehr notes in The Little Book of Restorative Justice, (2015) that “justice should focus on repairing harm and involving those affected, rather than simply punishing the offender.” Similarly, Unicef in Justice for Children, (2021) highlights that diversion programmes are no ‘easy ride’: they “hold children accountable and helps them to change their behaviour — a win-win for them and for society.” In practice, this means accountability is not abandoned. It is rather reframed to ensure that children understand the consequences of their actions, take responsibility and are supported to make better choices in the future.

A future is at stake

Children are not generally born criminals. They are shaped by their environments and, therefore, can be reshaped by opportunity. The question is not whether children should be held accountable. It is whether we choose accountability that heals or accountability that harms. Zimbabwe has laid the foundation. Now it must build on it by enacting a revised child justice Bill to harmonise laws, expanding diversion programmes nationwide, strengthening probation and social services and investing in prevention; especially parenting and school-based support.