CHILD-FRIENDLY JUSTICE
GUIDELINES
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 (20092011)
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)
• 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)
• Role of parents
• Training
• Practical tool: how to put existing children’s
rights into child-friendly practices
Scope 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
Definitions
• 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 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)
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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 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
Police
• Specific attention to children’s rights and
police settings and police detention
• Information, respectful treatment, safety, legal
counsel
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)
• 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
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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 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 assessment
• Law and practice review and adjustment
• Involvement of children and young people in
the assessment
• Involvement of ombudsmen, NGOs etc
Consultation CYP (1)
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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)
• 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 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)