The Listening to the Minor Offender: Probation, Planning and Interest of the Minor

The listening of minor is the most important right in the Convention of Children's Rights (New York, 1989). Normally, the listening of minor is a right that considered in case of separation, divorce or adoption. Nevertheless, the Convention highlights that the listening is the fulcrum of every type of judgment in which the minor is involved. There is a relevant literature of national and international studies about the listening and the protected listening of a minor victim of an offence, an abuse, a mistreatment or in case of separation, divorce and in case of adoption of the minor. The listening of the minor is a form of protection. This essay, beginning from an international view, tries to interpret the issue of the listening also as a focusing problem to the application of probation in the Italian Juvenile Justice System. The probation requires the full consent of the minor and his/her adhesion, and, at the same time, the attention of all actors involved in the promotion of respect and protection of the minor. This contribute outlines the competence of the listening of the minor for the juvenile justice professionals.