Brussels, June 14th, 2017
The Barnahus movement and
the Council of Europe guidelines
and conventions
Claude JANIZZI
Chairman of the Lanzarote Committee
Claude Janizzi, COE Lanzarote Committee, 2017
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2009
Guidelines recommended by the Committee of ministers on
integrated national strategies for the protection of children
against violence
• 5.3.1. Child protection institutions should have a clear obligation
to collaborate
• 6.5.1. Modalities for inter-agency co-operation should be clearly
defined
• 6.5.2. Through the provision of independent advocacy and
support services, children should be encouraged to speak to the
relevant authority about their experience of violence
Claude Janizzi, COE Lanzarote Committee, 2017
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Guidelines recommended by the Committee of ministers on
integrated national strategies for the protection of children
against violence
• 6.5.3. Child victims should be assessed without delay. For victims of
violence within the home, the protective capacity of the nonviolent
caregiver should be established
• 6.7.3. Judicial and extra-judicial proceedings involving children should
be treated as a priority and be completed without unjustified delay
• 6.7.5. Judicial proceedings should not aggravate the trauma
experienced by the child. Where appropriate, the justice response
should be followed swiftly by adequate support services.
Claude Janizzi, COE Lanzarote Committee, 2017
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2010
Guidelines of the Committee of ministers of the Council of
Europe on child–friendly justice
• 9. When children are heard or giving evidence in judicial and nonjudicial proceedings, this should preferably take place in camera, only
those directly involved should be present
• 11. Children should be protected from secondary victimisation
• 16. A multidisciplinary approach should be encouraged to obtain a
comprehensive understanding of the child
• 50. In all proceedings involving children, the urgency principle should
be applied to provide a speedy response and protect the rights of the
child, while respecting the rule of law
Claude Janizzi, COE Lanzarote Committee, 2017
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2010
Guidelines of the Committee of ministers of the Council of
Europe on child–friendly justice
• 62. Interviewing rooms should be arranged for children in a childfriendly environment
• 64. Interviews of children should be carried out by trained
professionals.
• 64. Children should be given the possibility to give evidence in the
most favourable settings and under the most suitable conditions
• 67. The number of interviews should be as limited as possible and
their length should be adapted to the child’s age and attention span
• 71. Interview protocols that take into account different stages of the
child’s development should be designed and implemented
Claude Janizzi, COE Lanzarote Committee, 2017
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2010
Guidelines of the Committee of ministers of the Council of
Europe on child–friendly justice
• 74. The possibility of taking statements of child victims and witnesses
in specially designed child-friendly facilities and a child-friendly
environment should be examined
• Chap V point j) Members of the Council of Europe are encouraged to
set up child-friendly, multi-agency and interdisciplinary centres for
child victims and witnesses where children could be interviewed and
medically examined for forensic purpose, comprehensively assessed
and receive all relevant therapeutic services from appropriate
professionals
Claude Janizzi, COE Lanzarote Committee, 2017
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2007
The Lanzarote Convention
on Protection of children against sexual exploitation and sexual
abuse
Article 30 - Principles
1. Each Party shall take the necessary legislative or other measures to
ensure that investigations and criminal proceedings are carried out in
the best interests and respecting the rights of the child.
2. Each Party shall adopt a protective approach towards victims,
ensuring that the investigations and criminal proceedings do not
aggravate the trauma experienced by the child and that the criminal
justice response is followed by assistance, where appropriate.
3. Each Party shall ensure that the investigations and criminal
proceedings are treated as priority and carried out without any
unjustified delay
Claude Janizzi, COE Lanzarote Committee, 2017
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2007
The Lanzarote Convention
on Protection of children against sexual exploitation and sexual
abuse
Article 31 - General measures of protection
1. Each Party shall take the necessary legislative or other measures to protect the
rights and interests of victims, including their special needs as witnesses, at all
stages of investigations and criminal proceedings,
Article 34 - Investigations
1. Each Party shall adopt such measures as may be necessary to ensure that
persons, units or services in charge of investigations are specialised in the field
of combating sexual exploitation and sexual abuse of children or that persons
are trained for this purpose. Such units or services shall have adequate
financial resources.
Claude Janizzi, COE Lanzarote Committee, 2017
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2007
The Lanzarote Convention
on Protection of children against sexual exploitation and sexual
abuse
Article 35 - Interviews with the child
1. Each Party shall take the necessary legislative or other measures to ensure
that:
a. interviews with the child take place without unjustified delay after the facts
have been reported to the competent authorities;
b. interviews with the child take place, where necessary, in premises designed
or adapted for this purpose;
c. interviews with the child are carried out by professionals trained for this
purpose;
d. the same persons, if possible and where appropriate, conduct all interviews
with the child;
e. the number of interviews is as limited as possible and in so far as strictly
necessary for the purpose of criminal proceedings;
Claude Janizzi, COE Lanzarote Committee, 2017
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2007
The Lanzarote Convention
on Protection of children against sexual exploitation and sexual
abuse
2. Each Party shall take the necessary legislative or other measures to ensure that
all interviews with the victim or, where appropriate, those with a child witness, may
be videotaped and that these videotaped interviews may be accepted as evidence
during the court proceedings, according to the rules provided by its internal law.
Claude Janizzi, COE Lanzarote Committee, 2017
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2007
The Lanzarote Committee’s Recommendations
following the first monitoring round on protection of children
against sexual abuse in the circle of trust
• The intervening players need coordination and collaboration
• Arrange the interview of the child victim in a child friendly setting separate from
the usual premises where investigations and interviews are conducted ( such as
police, hospitals or court premises) by taking into consideration the best practices
in the field
• Ensure that interviewing staff has undergone suitable qualifying training
• Conduct the interview as soon as possible after the offence
Claude Janizzi, COE Lanzarote Committee, 2017
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2007
The Lanzarote Committee’s Recommendations
following the first monitoring round on protection of children
against sexual abuse in the circle of trust
• Limit the duration and number of interviews and take into account the
child’s age and attention span (only where absolutely indispensable
interview more than one time, with the same interviewer and under the
same conditions)
• Offer the defence the possibility of contesting the child’s disclosure during
the interview by asking questions
• Make systematic use of video equipment to record the interview
• Provide assistance intended for child victims of sexual abuse in their
circle of trust, once the criminal justice decision is taken
Claude Janizzi, COE Lanzarote Committee, 2017
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Conclusions
The Council of Europe,
in the Council’s guidelines on integrated strategies and on child-friendly
justice, as well as in the Council’s Lanzarote Convention
Considers the Barnahus/ Children’s house/ Child Advocacy Center model as a best practice
Promotes the model towards all the member states of the Council of
Europe
Includes the main characteristics of the model in all relevant
conventions, guidelines and awareness raising activities
Claude Janizzi, COE Lanzarote Committee, 2017
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