James Bulger's killers should not have been prosecuted for his murder because they were too young, the Children's Commissioner for England has said
Maggie Atkinson, who was appointed to the post last autumn, has called for the age of criminal responsibility to be raised from 10 to 12 years old.
A civilised society should recognise that children who commit offences should be treated differently from adult criminals, Dr Atkinson told The Times.
Her comments come after James' mother Denise Fergus met Justice Secretary Jack Straw to discuss the return to custody of her two-year-old son's killer Jon Venables.
Mr Straw has refused to confirm the details of why Venables was returned to prison.
Dr Atkinson said politicians should put the needs of children first and not allow themselves to be so influenced by the views of victims' relatives
"The 'we are too worried about the parents issue' is something that runs like a thread through a number of cases.
"My constant song is 'listen to the children and young people'."
Calling for a change in the law, she said even the most "hardened" of youngsters who have committed serious crimes are "not beyond being frightened".
"The age of criminal responsibility in this country is 10 - that's too low, it should certainly be moved up to 12; in some European countries it is 14," she told the newspaper.
"In terms of knowing what the full consequences of your actions are, you are into older childhood or adolescence."
She continued: "In most Western European nations they have a completely different way of intervening with youngsters who have committed crime
"Most of their approaches are much more therapeutic, much more family and community based, much more about reparation than simply locking somebody up."
Dr Atkinson insisted Venables and Robert Thompson, who were 10 in 1993 when they were charged with the James's murder, needed to be in a contained environment like a youth justice facility and given programmes to help them turn their lives around.
Venables' breaking of the terms of his "life licence" which saw him recalled to custody should actually help to force a debate on the effectiveness of the current system, she said.
"Youngsters are usually tried in a youth court, (Thompson and Venables) were tried in an adult court," she explained.
"What they did was exceptionally unpleasant and the fact that a little boy ended up dead is not something the nation can easily forget.
"But they shouldn't have been tried in an adult court because they were still children."