Chapter 13: Youth Justice as Justice for Children: Towards a Capabilities Approach

Children are often side-lined in both national and international provisions. Whilst the 2030 Agenda for Sustainable Development mentions children, it does so not as World citizens but rather as subjects; this replicates their position in most state constitutions. The chapter considers the use of Amartya Sen's justice theory to deliver the 2030 Agenda to children who offend. For Sen, justice requires the identification and removal of sociostructural barriers which limit the life chances and impede the ability of many children to pursue legitimate and meaningful goals. He prioritises choice for all, including children. This chapter uses these ideals to consider the delivery of justice whilst respecting human agency. It takes as its example Wales, where children are central to a sustainable future and embraced as citizens with full human and fundamental rights. In particular, the Welsh Government's emphasis on ‘universal’ entitlements places a moral and political imperative on agencies to promote the well-being of all children, including those in conflict with the law; it seeks to deliver well-being to all children. The Welsh example is suggested as a just solution that might be replicated elsewhere and so result in a true delivery of the 2030 Sustainable Development Agenda.