www.ijjo.org how to measure and evaluate juvenile justice in the european union: the ijjo juvenile...

23
www.ijjo.org www.ijjo.org How to measure and evaluate Juvenile How to measure and evaluate Juvenile Justice in the European Union: Justice in the European Union: The IJJO Juvenile Justice The IJJO Juvenile Justice Indicators Indicators Cédric Foussard Director International Juvenile Justice Observatory

Upload: anthony-sparks

Post on 27-Mar-2015

216 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

How to measure and evaluate Juvenile How to measure and evaluate Juvenile Justice in the European Union:Justice in the European Union:

The IJJO Juvenile Justice The IJJO Juvenile Justice

Indicators Indicators

Cédric FoussardDirector

International Juvenile Justice Observatory

Page 2: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

IJJO PresentationIJJO Presentation

Page 3: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

International Juvenile Justice Observatory (IJJO): International organization based in Brussels recognized as a foundation of Public Interest.

Vision: International, holistic and interdisciplinary concept of juvenile justice.

International development of research to propose and promote appropriate policies, legislations and intervention methods in the context of a global juvenile justice without frontiers.

Our target group: Universities, NGOs and public administration, international organizations concerned by the situation of young people at risk of exclusion and reclusion.

Scope: Crime prevention, Intervention and educational measures and methods, S and P inclusion

IJJO PresentationIJJO Presentation

Page 4: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

Juvenile Justice indicatorsJuvenile Justice indicators Concept Concept

Page 5: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

- Unicef :What?

“An indicator provides a common way of measuring and presenting information that reveals whether standards are being met”

- The IJJO in its Valencia Joint Declaration : Which extent?

This action on setting common criteria and shared basis should continue towards the establishment of intervention methods and policy as well as shared re- education and reintegration projects for young offenders”

Definition of Juvenile Justice Indicators Definition of Juvenile Justice Indicators

Page 6: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

The need of dataThe need of data

The Hague Programme adopted by the The Hague Programme adopted by the European European CouncilCouncil in 2004 recognised the importance of in 2004 recognised the importance of sustainable cooperation in the field of juvenile sustainable cooperation in the field of juvenile justice: starting by sharing common tools, as for justice: starting by sharing common tools, as for instance instance statistics on crime and delinquencystatistics on crime and delinquency..

......need to establish European instruments need to establish European instruments for for collecting, analysing and comparing collecting, analysing and comparing information on information on crime and victimisation and their crime and victimisation and their respective trends in respective trends in Member StatesMember States, using , using national statistics and other national statistics and other sources of sources of information as agreed indicators’.information as agreed indicators’.

EU TEU Text appealing for European cooperation in the fieldext appealing for European cooperation in the fieldof juvenile justiceof juvenile justice

Page 7: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.orgwww.ijjo.orgwww.ijjo.org

Need of data and analysisNeed of data and analysis

▪▪ European ParliamentEuropean Parliament 2006 resolution “ 2006 resolution “Towards an EU strategy on the Towards an EU strategy on the rights of the childrights of the child” ”

-supports all cooperation initiatives between international -supports all cooperation initiatives between international institutions institutions to share experiences, information and statisticalto share experiences, information and statistical data to data to improve the awareness of the situation of children in improve the awareness of the situation of children in the EUthe EU..

▪ ▪ European Economic and Social CommitteeEuropean Economic and Social Committee 2006 Opinion: 2006 Opinion: ‘The prevention ‘The prevention of juvenile delinquency. Ways of dealing with juvenile delinquency and the of juvenile delinquency. Ways of dealing with juvenile delinquency and the role of the juvenile justice system in the European Union.’role of the juvenile justice system in the European Union.’

-recommend to set up methodology to for developing -recommend to set up methodology to for developing evidence evidence based policiesbased policies in Juvenile Justice. in Juvenile Justice.

▪ ▪ EC EC 2011 EU Agenda on the right of the Child 2011 EU Agenda on the right of the Child - Recommend to identify - Recommend to identify reliable, comparable and official datareliable, comparable and official data, ,

on child friendly justice as well.on child friendly justice as well.

EU TEU Text appealing for European cooperation in the fieldext appealing for European cooperation in the fieldof juvenile justiceof juvenile justice

Page 8: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

IJJO Juvenile Justice indicators IJJO Juvenile Justice indicators BackgroundBackground

Page 9: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

In the last 10 to 15 years, a number of comparative researches, studies and surveys have been dedicated to examine juvenile justice systems in Europe, unfortunately not many managed to identify whether national juvenile justice systems meet the International Standards both in law and in practice.

The main difficulty lies in lack of appropriate means to conduct a comparison, e.g. lack of common terminology or the differing degrees to which comparable available data.

The IJJO has decided to conduct a specific investigation on JJ indicators which has focused its interest on the European area due to the ease of comparing similar juvenile justice systems compared to the rest of the world.

BackgroundBackground

Page 10: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

JUVENILE JUSTICE WITHOUT FRONTIERS GRANT

IJJO “Juvenile Justice without Frontiers Grant ”funded the investigation developed by Ineke Pruin, Joanna Grzywa, Philip Horsfield (Univ. of Greifswald)

“Juvenile Justice Indicators for Europe: How to Measure Juvenile Justice”,

This investigation provides a global framework for measuring and presenting specific information about the situation of children in conflict with the law, focusing on the development of specific juvenile justice indicators for Europe.

OBJECTIVES

- Develop an uniform and standardised instrument for examining whether and to what extent the different juvenile justice standards are regarded both in the law and in practice.

- Compare experiences of different countries and share good practices

- Promote links between European countries, which will help to harmonise juvenile justice systems.

Background Background

Page 11: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

Our investigation draws on a range of previous research and studies, without which it would not have been possible to identify indicators that are valid across Europe:

- UNICEF set of fifteen juvenile justice core indicators (United Nations Office on Drugs and Crimes 2007). They are categorised into (a) quantitative indicators, and (b) policy indicators, and have provided us with crucial encouragements and suggestions from which to further develop our own. Some UNICEF indicators have been incorporated directly into the questionnaires presented here (and are clearly quoted as such, but in the majority of cases adapted for the “European context”)

- Research on the different European Systems on Juvenile Justice was developed, to include efficient Indicators able to ask complex and multi-dimensional questions. (Sources used: (McCarney (1996), Shoemaker (1996), Dünkel/van Kalmthout/Schüler-Springorum, (1997), Albrecht/Kilchling (2002), Kilkelly/Moore 2002, Morgan/Evans (2002,....)

BackgroundBackground

Page 12: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

IJJO Juvenile Justice indicators IJJO Juvenile Justice indicators Methodology Methodology

Page 13: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

The following International instruments were the decisive starting point for our deliberations:

The Convention on the Rights of the Child (1989) (CRC),

United Nations Standard Minimum Rules for the Administration of Juvenile Justice (1985) (Beijing Rules),

The United Nations Guidelines for the Prevention of Juvenile Delinquency (1990) (Riyadh Guidelines),

The United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990) (“Havana Rules”)

General Comment No. 10 (2007): Children’s rights in juvenile justice (GC No. 10 (2007)),

Council of Europe’s Recommendation Rec(2006)2 (European Prison Rules)

Council of Europe’s Recommendation Rec(2003)20 concerning “New ways of dealing with juvenile delinquency and the role of juvenile justice” (CM/Rec(2003)20) and

Council of Europe’s Recommendation Rec(2008)11 concerning “European rules for juvenile offenders subject to sanctions or measures” CM/Rec(2008)11

Methodology Methodology International Standards- Main Principles in JJInternational Standards- Main Principles in JJ

Page 14: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

a) Development of Indicators:

- general and generic enough so that they are applicable to the various juvenile justice approaches in Europe.

- sufficiently concrete to allow the degree of adherence to the standards to be identified.

b) Development of questions, which can respond to the different chosen aspects of European Juvenile Justice Systems, to finally determine if International Standards are being met.

c) Implementation of the questionnaires through national representative of Public Administration and independent expert.

d) Quantitative and Qualitative results

Methodology Methodology Definition of the indicators for the different categories Definition of the indicators for the different categories of interest and draft of two questionnaires of interest and draft of two questionnaires

Page 15: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

Questionnaire I on JJ system

Special juvenile justice system

Aims of the juvenile justice system

Scope of juvenile justice I - Routes into the juvenile justice system

Scope of juvenile justice II – Age groups

Existence of procedural safeguards for juvenile offenders

Diversion

Dispositions by the juvenile court/judge after a formal hearing

Methodology Methodology Identification of the categories to focus the Identification of the categories to focus the investigationinvestigation

Page 16: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

Questionnaire II on Detention

Accommodation

Supervision by staff

Provision of education

Training and leisure time activities

Work

Health

Aggression/ self-inflicted harm/ deaths/ conflict

Release preparations

Regard for the right to privacy and (religious) self determination

Disciplinary measures

Complaints and complaint procedures

Staff

Regulations and provisions governing contacts with the outside world

Involvement of parents

Early release provisions

Aftercare

Inspections and monitoring of institutions

Juveniles suffering from mental illness

Methodology Methodology Juveniles deprived of their liberty- following sub-Juveniles deprived of their liberty- following sub-categories due to the extent of this themecategories due to the extent of this theme

Page 17: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

The presented questionnaires and indicators are intended to be regarded at this point as suggestions before they can be employed in practice.

- European ScrutinyTo achieve the aspired-to degree of universal validity, the questionnaires should be presented to and discussed in international boards, panels and committees that are preferably attended by representatives of each country to which the instruments are intended to apply. The ideal situation would be for the indicators to be agreed on at a scientific level (integration of European juvenile justice researchers), a governmental level and a non-governmental level.

- IJJO NetworkThe IJJO is working on it throught a Group of Academics which forms the Academic Section of the European Council of Juvenile Justice.

Methodology Methodology Reaching agreements on the indicators and Reaching agreements on the indicators and questionnaires, and examining their validityquestionnaires, and examining their validity

Page 18: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

Implementation through Implementation through the European Juvenile Justice the European Juvenile Justice CouncilCouncil

Page 19: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

Mission and visionMission and vision

a) Formulate recommendations on the development and a) Formulate recommendations on the development and evolution of juvenile justice in Europe.evolution of juvenile justice in Europe.

b) Obtain quantitative and qualitative information on the b) Obtain quantitative and qualitative information on the situation of children, adolescents and young people in situation of children, adolescents and young people in conflict with the law within the region of Europe.conflict with the law within the region of Europe.

c) Serve as a transmitter on the action lines that are c) Serve as a transmitter on the action lines that are being developed in various countries of Europe in fields being developed in various countries of Europe in fields related to intervention with minors in conflict with the related to intervention with minors in conflict with the law.law.

d) Propose the promotion of coordinated actions between d) Propose the promotion of coordinated actions between public administrations, non-governmental organizations public administrations, non-governmental organizations and academic and training centres, in various countries and academic and training centres, in various countries in Europe.in Europe.

e) Draft reports, opinions and proposals.e) Draft reports, opinions and proposals.  

European Juvenile Justice CouncilEuropean Juvenile Justice Council

Page 20: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

European Juvenile Justice CouncilEuropean Juvenile Justice Council

Structure?Structure?

• • Public AdministrationsPublic Administrations

• • AcademicAcademic

• • NGONGO

A European think tank composed of 81 members A European think tank composed of 81 members from the 27 EU Member states, and as well with from the 27 EU Member states, and as well with specific European and international observers specific European and international observers and experts.and experts.

Page 21: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

Roma 2010Roma 2010 In In 2010, along with the EJJO continued with the development of 2010, along with the EJJO continued with the development of

the European Council of Juvenile Justice. More than 70 the European Council of Juvenile Justice. More than 70 professionals and experts from all 27 EU members and professionals and experts from all 27 EU members and representatives of the three sections of the Council: The Public representatives of the three sections of the Council: The Public Administration, Academic Section and NGOs, participated in this Administration, Academic Section and NGOs, participated in this second meeting held in Rome.second meeting held in Rome.

Representatives of the Directorate General of Justice of the Representatives of the Directorate General of Justice of the European Commission and the Council of Europe: projects of European Commission and the Council of Europe: projects of Communication on the Rights of the Child 2011 - 2014 of the Communication on the Rights of the Child 2011 - 2014 of the European Commission and Child Frienfly Justice Guidelines of the European Commission and Child Frienfly Justice Guidelines of the Council of Europe .Council of Europe .

The The OutputsOutputs of this second meeting were of this second meeting were presented to the presented to the European institutions thrgought three Green Papers.European institutions thrgought three Green Papers.

European Juvenile Justice CouncilEuropean Juvenile Justice Council

Page 22: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

www.ijjo.orgwww.ijjo.org

IJJO Green paper on Child Friendly JusticeIJJO Green paper on Child Friendly JusticePublic Administration Section of the EJJCPublic Administration Section of the EJJC

““The evaluation of the implementation of The evaluation of the implementation of international standards in national juvenile international standards in national juvenile justice systems”justice systems”

A concept paper to justify the JJ Indicators:A concept paper to justify the JJ Indicators:

- overview of the basic principles of JJ Standards- overview of the basic principles of JJ Standards- EU snapshot of compliance with JJ standards - EU snapshot of compliance with JJ standards focusing on the implementation focusing on the implementation

-age criminal responsibility-age criminal responsibility- alternative to detention- alternative to detention- nature of deprivation of liberty, etc.- nature of deprivation of liberty, etc.

- identifies existing tools and instruments of - identifies existing tools and instruments of evaluationevaluation- recommendations to collect and analyze data at EU - recommendations to collect and analyze data at EU levellevel

European Juvenile Justice CouncilEuropean Juvenile Justice Council

Page 23: Www.ijjo.org How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International

Cédric FoussardDirector

International Juvenile Justice Observatory

[email protected]

www.ijjo.org