This policy brief stems from our three-year research project called CrimScapes: Navigating Citizenship through European Landscapes of Criminalisation Hence, the conclusions from our research analyses have been condensed into an accessible, concise form for this policy brief. We hope our insights from fieldwork and policy recommendations can bring clarityand inspiration to further advance critical research, bring about a much-needed change in the employed policies, and, ultimately, strengthen social justice.
Criminalisation represents an expanding form of governance, where an increasing array of identities, behaviours, communities, and aspects of daily life fall under the purview of criminal law, often at the expense of principles of social justice. Social issues are increasingly viewed through the lens of criminalisation, framing them as threats rather than challenges to be addressed through social policies such as public health initiatives, access to rights, or support-oriented or educational interventions.
For instance, the criminalisation of practices like HIV transmission or drug use shifts the focus from public health concerns to punitive measures. This approach, which portrays social problems as imminent threats necessitatinenhanced efforts to protect an alleged vulnerable society, can fuel authoritarianism and populism while limiting personal freedoms. Moreover, the pervasive reach of criminal law into everyday life has worrying social implications.
Instances where individuals hesitate to seek necessary assistance due to fear of legal repercussions, such as medical care for drug overdoses or protection and justice in the case of violence, illustrate the chilling effect of criminalisation. Similarly, criminalising survival strategies like migration or sex work further marginalises already vulnerabilised individuals and perpetuates inequalities.
Stigmatisation, social isolation, and barriers to organising or accessing essential services are among the detrimental effects of criminalisation. Despite its purported aim to protect the most vulnerable, criminalisation often increases their susceptibility to harm and perpetuates cycles of disadvantage.
