الحماية الاجتماعية للطفل في خطر في ظل القانون 15-12 : بين الواقع و المأمول

Abstract EN

Family and social conditions surrounding some youth may sometimes lead to exposing them to danger and pushing them to demeanor and delinquency.

For this reason, the Algerian legislator has been keen under under the 12-15 law related to child rights protection to devote a set of procedures to the endangered child.

While some of these procedures are preventive in nature and should be taken before committing the crime or entering its world where the child is prone to some sort of danger, others are remedial in nature and should be applied after the committing of the crime once the child has become delinquent, although both types are intended to protect the child from danger in general.

Given the vulnerability of this category in general and its readiness to reform and protection from falling in the trap of crime, the legislator has established two institutions: the first one has a social character and the second one has a judiciary character.

The first one is devoted to the provision of social protection to the endangered child, through the provision of psychological and social care and the juvenile's rehabilitation and reintegration in society.

What can be observed, however, concerning the aspects of this protection at the level of implementation and practice, is the existence of a large number of hurdles and constraints which prevent its realization in reality, which has led to a decrease in its utility and effectiveness.

Hence, the present study has been conducted to explore the different constraints which face the accomplishment of the protection that the legislator has devoted to the endangered child in the 15/12 law, after exposing the two sides and institutions of this protection, because it is not possible to talk about the constraints facing its implementation without knowing its sides and institutions.