Intercultural Justice in France: Origins and Evolution

Abstract

This paper will highlight the mandate of the juvenile judge in the context of intercultural justice in France, in which juvenile judges are at the same time civil judges and criminal judges. Their role is to both pass judgement on juvenile offenders as well as to protect minors who may be at risk. It may even be the same adolescent who has committed a crime who is also a child at risk. Through the guidance process (children at risk), the judge must respect — as is necessary for all judges — the principles that all must have the opportunity to contradict the charges leveled against them. These decisions are made in the context of a hearing where the parties may be present with or without counsel, where reasoning must be given and will be subject to appeal. We therefore have the obligation to listen to the appeals of both parents and children; some juvenile judges will even accept the presence of other members of the family or other persons whose presence is desired and may help to establish a dialogue.