Absence of Future in Marginal Urban Contexts, and Dysfunctions of the International Legal System by Annalisa Imparato and Cristina Di Silvio

Absence of Future in Marginal Urban Contexts, and Dysfunctions of the International Legal System
by Annalisa Imparato and Cristina Di Silvio

Juvenile crime is not merely the product of disadvantaged socioeconomic conditions; it also reflects a systemic failure of the legal framework, which too often, instead of addressing the specific vulnerabilities of minors, perpetuates exclusion and marginalization. International regulations, though extensive and theoretically advanced, do not always ensure effective protection for minors involved in criminal activities, frequently favoring punitive rather than rehabilitative approaches. This orientation contributes to reinforcing cycles of recidivism and social disintegration. The United Nations Convention on the Rights of the Child (CRC, 1989) represents the cornerstone of international jurisprudence on children’s rights, requiring that minors be treated in a manner consistent with their age and development. Article 40 establishes that legal measures must be oriented toward re-education and reintegration, not mere punishment. In the European context, the European Convention on Human Rights (ECHR, 1950) guarantees every individual, including minors, the right to a fair and public trial (Art. 6) and prohibits inhuman punishment, torture, and the death penalty (Art. 4). However, disparities among Member States in applying these principles highlight the structural inadequacy of juvenile justice policies and the need for a more uniform and binding implementation. In Italy, Law 448/1988, which established the Juvenile Criminal Code, provides for alternative measures to detention in accordance with international directives. Nonetheless, its implementation is often limited by a lack of resources and inadequate facilities. Despite Article 27 of the Italian Constitution—stating that punishment must aim at re-education—and Law 1815/1962, the system continues to prioritize detention over more effective forms of social reintegration. Law 62/2011 sought to improve the educational treatment of minors in conflict with the law, but challenges persist due to insufficient funding and weak interinstitutional cooperation. At the international level, the Palermo Protocol on child trafficking and the Hague Convention (1993) on the protection of minors from abuse and exploitation are fundamental legal instruments, but their effectiveness is undermined by poor inter-State cooperation and widespread impunity. UN Security Council Resolution 1612 prohibits the recruitment of minors in armed conflicts, yet its enforcement heavily depends on the political will of States. The Optional Protocol to the CRC (2000), focusing on the protection of minors in armed conflict, marks significant normative progress, but in many regions, protection remains more theoretical than real. A structural reform of legal policies is therefore urgent—one oriented toward a restorative justice model. This approach, already adopted in several EU countries, aims at education and social reintegration rather than mere punishment. Educational communities supported by inclusive public policies and dedicated resources are essential to ensure the reinsertion of young offenders. Only a cohesive legal system, capable of integrating national and international norms, can effectively protect minors from exploitation and violence. In recent years, Italian news has reported an increase in cases of juvenile crime, often linked to youth deviance rooted in environments marked by economic marginalization, school dropout, and lack of social opportunities. In peripheral neighborhoods and degraded urban areas, the absence of adequate educational services, the fragility of family networks, and the presence of entrenched criminal models encourage the early involvement of young people in delinquent circuits. Participation in local gangs or baby gangs is not merely an individual choice but also a form of recognition and belonging, where crime becomes a language of identity and a response to the absence of alternatives. Recent cases confirm this trend: in Caivano (2023), youth groups exposed deep social decay and the lack of educational structures [RAI News, 2023]; in Naples, incidents of stabbings and robberies among minors highlighted the spread of baby gangs [Il Mattino, 2024]; in Milan, in Via Melegnano, adolescent violence demonstrated that the phenomenon also affects major northern cities [Corriere della Sera, 2024]. The term maranza describes youths identifiable by specific group codes, flashy aesthetics, and identities linked to trap music, fashion, and social media [Accademia della Crusca, 2023; Treccani, 2023] —a hybrid subculture combining both normality (school, sports) and risky or criminal behavior. Recent data confirm a rise in minors reported for street crimes over the past two years, with post-pandemic growth especially in northern metropolitan areas [Ministry of the Interior, 2024; TGCOM24, 2025; Eurocomunicazione, 2025]. In Lombardy, restrictive measures for robbery and assault reflect the attention of juvenile prosecutors and their preference for community-based or home measures, consistent with educational principles [EspansioneTV, 2025]. The most effective interventions are based on three main pillars: Extended educational and school support, including orientation, tutoring, and experiential learning; Community spaces and affordable cultural or sports activities, co-designed with youth participation; Restorative justice and early alternative measures, involving legal tutors and street mediators. The goal is to dismantle the group’s deviant identity function by offering positive forms of belonging and opportunities for social recognition. Juvenile crime cannot be reduced to mere individual deviance; it must be understood as a collective response to a fragmented social fabric, where the absence of strong educational institutions and tangible prospects generates a widespread sense of generational abandonment. Our collective responsibility lies in ensuring pathways to reintegration and genuine growth opportunities restoring to young people the chance to choose a path of life, not mere survival. As Edoardo De Filippo once said, “Fuitevenne” not as an invitation to escape, but as a call to free oneself from a system that stifles dreams and prevents young people from growing.