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

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)

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

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

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

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

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

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?

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

Good practice example: Empowering Children Foundation, Poland

Good practice example: Empowering Children Foundation, Poland

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

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?

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

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

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

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

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