UNICEF Diversion & Alternatives Toolkit 2009

1. UNICEF Diversion & Alternatives Toolkit 2009 “Help! I’m still confused! What’s the relationship between diversion, alternatives, restorative justice & a child rights-based approach?” [These slides should be considered in conjunction with the ‘definitions & discussion’ sections of the toolkit as well as the section on ‘a child rights-based approach’, under ‘basic principles’.]

2. What’s the relationship between diversion, alternatives, restorative justice & a child rights-based approach? Alternatives: [Pre-trial] “I didn’t do it! I need a formal hearing, but please keep me out of detention until then.” [Sentencing / disposition]“If you find me guilty at the formal hearing then please don’t sentence me to detention. There’s almost always a better way.” [Within the formal system & with a criminal record if at sentencing / disposition stage] Diversion: “I admit I did wrong. Please take me away from judicial proceedings as soon as possible & give me a second chance with no criminal record.” [Any stage from apprehension to immediately before the final disposition hearing. Automatically excludes detention] diversion & alternatives [apply only to children in conflict with the law, not victims/survivors or witnesses] This is the minimum required for ‘good practice’  restorative justice “Don’t just concentrate on punishing me. Help me take responsibility for my offence and repair the harm done. Let’s restore the harmony between me, the victim/survivor & my community & society.” “It’s not just about Articles 37 & 40 – I’m a complex human being! It’s not even just about securing all my CRC rights, but how we get there! The process is just as important as the end results.” Should be applied where appropriate!

3. The need for overlap with a child rights-based approach ‘Raw’ diversion (no CRBA & no RJ): e.g. police officer catches a child stealing, beats him/her & lets him/her go. ‘Raw’ alternatives (no CRBA & no RJ): e.g. a child is sentenced by a court to hard labour. diversion & alternatives [apply only to children in conflict with the law, not victims/survivors or witnesses] CRB diversion (no RJ): e.g. police officer respects all child’s rights (inc. participation, non-discrimination & best interests considered etc.) before issuing a warning (but no restoring of community harmony). CRB alternatives (no RJ): e.g. child is given a fair trial (inc. participation, non-discrimination & best interests etc.) & is sentenced to probation with condition not to approach victim (but victim is not given chance to participate & harm is not repaired). Restorative justice approach to diversion (no CRBA): e.g. social welfare convene a family group conference resulting in community service for the child, but the child was not allowed to speak out during discussions. Restorative justice approach to alternatives (no CRBA): e.g. formal hearing invites contributions from all parties, inc. victim & community members but child is sentenced to repay victim by working 10 hours a day, 7 days a week for 1 month. restorative justice ‘Raw’ RJ (no D&A & no CRBA): e.g. victim-offender mediation is held whilst the child is already serving a formal detention sentence as part of the prison’s psychological support programme. However, the programme is not offered to ethnic minorities. ‘Raw’ CRBA (no D&A & no RJ): e.g. children in detention have all their rights respected, but they are still in detention & there is no element of repairing the harm done or restoring community harmony. CRB restorative justice (no D&A): e.g. mediation has taken place, the offender has admitted wrong & made an apology, but is still sentenced to detention due to lack of appropriate alternative options being available.

4. How all 3 areas can overlap CRB RJ approach to diversion: e.g. well-facilitated community mediation respecting child rights results in child accepting responsibility & repairing harm caused through appropriate & constructive community service, resulting in no criminal record. CRB RJ approach to alternatives: e.g. formal hearing invites contributions from all parties, inc. victim & community members & child is sentenced to appropriate community service to repair harm (with criminal record). diversion & alternatives [apply only to children in conflict with the law, not victims/survivors or witnesses]  restorative justice A CRB approach is always necessary, but a RJ approach might not be necessary or appropriate in all cases!