child-friendly justice guidelines. getting there (1) gaps between law and practice crc and echr...

CHILD-FRIENDLY JUSTICE GUIDELINES

Getting there (1)Getting there (1)

• Gaps between law and practice• CRC and ECHR• Resolution No. 2 on Child-Friendly Justice

(25-26 Oct. 2007)• Building a Europe for and with Children• CoE Strategy on Children’s Rights (2009-

2011)

Getting there (2)Getting there (2)

• Integrated approach between major intergovernmental committees (CDCJ, CDPC, CDDH)

• 4 expert reports• Stockholm (Sept. 2008) and Toledo

(March 2009) Conferences• Group of specialists (magistrates, practising

lawyers, academics, psychologists, social workers, government officials)

• Consultation of children and young people

Preamble (1)Preamble (1)

• Reference to several binding legal instruments (no repetition of existing norms)

• Reference to ECHR case law• Reference to several recommendations and

initiatives• Need to enforce the status of children and

young people in proceedings that affect or involve them

Preamble (2)Preamble (2)

• Role of parents• Training • Practical tool: how to put existing children’s

rights into child-friendly practices

Scope and purposeScope and purpose

• The place, role, rights and needs of children• In whatever capacity (party, victim, alleged

perpetrator...)• In whatever kind of proceeding, in and

outside court• Civil, criminal and administrative law

DefinitionsDefinitions

• Child = everyone under 18• CFJ = justice in which all children’s rights are

implemented at the highest possible level, considering the child’s level of maturity and understanding and the circumstances o the case

Fundamental principlesFundamental principles

• Participation: access, express views, due weight

• Best interests: respecting all rights, not just legal

• Dignity: respect, integrity, no degrading treatment

• Protection from discrimination: specific vulnerabilities

• Rule of law: due process, access to justice

General elements(before, during and after proceedings)

General elements(before, during and after proceedings)

• Information and (legal) advice: CRC, Art. 42• Protection of privacy: media, data...• Safety• Training• Multidisciplinary approach• Deprivation of liberty: last resort, no

restriction of other rights

Before proceedingsBefore proceedings

• MACR reference: not too low, determined by law

• Alternative proceedings vs. court proceedings: open choice, information. No preference

• Quality requirements of alternative settings: legal safeguards

PolicePolice

• Specific attention to children’s rights and police settings and police detention

• Information, respectful treatment, safety, legal counsel

During (1) During (1)

• Access to remedies and the judicial process• Legal counsel and representation:

independent lawyer, training, guardian ad litem

• Right to be heard and express views: level of understanding, due weight, not a duty, age issue

During (2) During (2)

• Avoiding undue delay: immediacy, rule of law, respect for family relations

• Child-friendly environment and language: no intimidation, support, separate rooms, adapted settings, youth courts...

• Evidence and statements by children: trained interviewers, adapted regulations...

After After

• Explanation of the taken decision• Avoid execution by force• Facilitate speedy execution of decisions• Post proceeding guidance and support• Constructive and individualised sanctions

aimed at reintegration

Other child-friendly actionsOther child-friendly actions

• Link to other strategies: research, cooperation, child-friendly information...

• General info on children’s rights (CRC, Art. 42)

• Accessible services: ombudsmen, NGOs, helplines (combination!)

• Accessible complaint mechanisms• Specialised courts and magistrates• Human rights and children’s rights in curricula

Monitoring and assessmentMonitoring and assessment

• Law and practice review and adjustment• Involvement of children and young people in

the assessment• Involvement of ombudsmen, NGOs etc

Consultation CYP (1)Consultation CYP (1)

• Questionnaire: a first attempt• Support of NGOs and ENOC• Prof. Ursula Kilkelly• 3721 responses were processed from 25 MS• Experienced contact with police/justice • Similarity in responses with existing other

research

Consultation CYP (2)Consultation CYP (2)

• More information needed on children’s rights from people close to them

• Important role of parents• 40% did not feel listened to• A third did not feel treated fairly• Uncertainty about how to challenge decisions

taken• Child-friendly explanation = ‘very’ important,

age appropriate• Wish to speak directly to decision-maker

Role of ombudsmenRole of ombudsmen

• Children’s rights education and information• Promote and disseminate the guidelines in

child-friendly versions• Involvement in training• Complaints and support children in

challenging decisions, test cases• Monitoring the implementation (a.o.through

complaints)