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Unlocking Children’s Rights

Unlocking Children’s Rights. Module 4 – The Child-Friendly Justice Guidelines. Co-funded by the Fundamental Rights and Citizenship Programme of the European Union And the Allan and Nesta Ferguson Charitable Trust. What does ‘child-friendly’ justice mean?.

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Unlocking Children’s Rights

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  1. Unlocking Children’s Rights Module 4 – The Child-Friendly Justice Guidelines Co-funded by the Fundamental Rights and Citizenship Programme of the European Union And the Allan and Nesta Ferguson Charitable Trust

  2. What does ‘child-friendly’ justice mean? What do you think of when you hear the words ‘child-friendly justice?’ 

  3. What does ‘child-friendly’ justice mean? “….effective implementation of all children's rights….giving due consideration to the child’s level of maturity and understanding and the circumstances of the case.” - Child-Friendly Justice Guidelines, para 2(c)

  4. Child-Friendly Justice is….. • Respecting: • The right to participation • The child’s integrity and dignity • Due process rights • Private and family life • Accessible • Age appropriate • Speedy • Diligent • Adapted to and focused on the needs and rights of the child - Child-Friendly Justice Guidelines, para 2(c)

  5. Child-Friendly Justice Why do you think child-friendly justice is important? 

  6. Why does ‘child-friendly’ justice matter? • Better outcomes for the child • Better (more accurate) evidence for proceedings • Better (more accurate) decision making • The Guidelines raise the profile and importance of child-friendly justice

  7. Child-Friendly Justice Guidelines (2010) Apply to children (under 18s) in contact with the justice system, including: • Criminal justice • Civil justice • Administrative justice

  8. The Guidelines apply to: • Individual decision-making • Systemic issues • Before, during and after judicial proceedings

  9. Examples of Child-Friendly Justice before proceedings • Children informed in a timely manner and consulted • Questioning, interviews and other interactions conducted in a child-friendly way • Availability of alternatives to judicial proceedings • High minimum age of criminal responsibility determined by law • Access to legal assistance and advice • Safety / special protective measures • Others?

  10. Examples of Child-Friendly Justice During proceedings • Access to legal representation • Right to be heard and express views • Avoidance of undue delay • Appropriate communication techniques • A child-friendly environment

  11. Good practice example: Empowering Children Foundation, Poland

  12. Good practice example: Empowering Children Foundation, Poland

  13. Practice examples Does anyone have good (or bad) practice examples about child-friendly justice during proceedings? 

  14. Examples of Child-Friendly Justice after proceedings • Child informed of on-going procedures and outcomes • Judicial decisions enforced and monitored • Provision of counselling or other rehabilitation services • Sanctions for children in conflict with the law must be compliant with international standards and best practices • Others?

  15. The Child-Friendly Justice Guidelines - sections • I. Scope and purpose • II. Definitions • III. Fundamental principles • A. Participation • B. Best interests of the child • C. Dignity • D. Protection from discrimination • E. Rule of Law

  16. The Child-Friendly Justice Guidelines - sections • IV. Child-friendly justice before, during and after judicial proceedings • A. General elements of child-friendly justice • Information and advice • Protection of private and family life • Safety (special preventative measures) • Training of professionals • Multi-disciplinary approach • Deprivation of liberty

  17. The Child-Friendly Justice Guidelines - sections • IV. Child-friendly justice before, during and after judicial proceedings • B. Child-friendly justice before judicial proceedings • C. Children and the police

  18. The Child-Friendly Justice Guidelines - sections • D. Child-friendly justice during judicial proceedings • Access to the court and to the judicial process • Legal counsel and representation • Right to be heard and to express views • Avoiding undue delay • Organisation of the proceedings, child-friendly environment and child-friendly language • Evidence/ statements by children

  19. The Child-Friendly Justice Guidelines - sections • E. Child-friendly justice after judicial proceedings • V. Promoting other child-friendly actions • VI. Monitoring and assessment

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