Beyond detention: Assessing the implementation of diversion for children in conflict with the law in Tunisia

Abstract

This study examines the gap between Tunisia's legal commitment to using detention as a last resort for children in conflict with the law and the reality of its implementation. Despite progressive legislation aligning with international standards, alternative measures remain the exception. Through a qualitative approach involving document analysis, interviews with key stakeholders, and focus group discussions with children, the research explored challenges in implementing non-custodial measures and the impact of detention on child well-being. Findings reveal institutional and financial constraints, judicial attitudes favoring detention, and limited awareness of legal processes among children and parents as barriers to effective implementation. Additionally, detention is found to have detrimental effects on children's physical and mental health, education, and prospects. The study concludes that while Tunisia has a robust legal framework for child rights protection, a reassessment of the juvenile justice system is necessary to address the underutilization of diversion and ensure a rights-respecting approach prioritizing the child's best interests.