Data on Children’s Access to Justice A summary of reports by national statistical systems in the Europe and Central Asia region Network Meeting of National Statistical Offices In Europe and Central Asia 2 October 2018 Dan O’Donnell, Consultant

2016 Country Analytical Reports: Overview 26 NSO’s were invited to participate, but 20 sent the CARs 80% of the data provided covered all 6 years 9 questions on the relevant national data systems and 15 quantitative indicators 25 NSOs were invited to participate in 2017 TransMonEE reviewed the CARs, verified data, wrote NSOs to seek clarification of information and/or data, and prepared a synthesis 20 NSO sent CARs, but only 18 included the annex on quantitative indicators

2016 Country Analytical Reports: Overview 2 Average number of indicators per CAR is 6 (Romania provided data on 10 and Tajikistan on 2 indicators) 17 CARs provided data on reported crimes against children Much data on VAC were available outside the law enforcement/justice system (13 CARs) 12 CARs provided data on family law cases affecting children, but only 4 on judicial proceedings concerning the human rights of children. Most CAR (14) have data on child rights cases handled by ombud institutions, but only 9 on children who received legal aid One CAR contained data on 10 indicators (Romania) and one contained data on only two indicators (Tajikistan); the average was 6 More data is available on reported crimes against children than any other issue (17 CAR) Much data on VAC were available outside the law enforcement/justice system: 13 CAR contained some data on this issue Much data were provided on family law cases affecting children (12 CARs), but little on judicial proceedings concerning the human rights of children (only 3 or 4 CAR) Most CAR (14) have data on child rights cases handled by ombud institutions, but less than half (9) on children who received legal aid

2016 CAR Access to Justice Indicators 1. Number of cases filed with any court during the year, in which a child or a representative of a child or children sought a remedy for violation(s) of the rights of a child. 2. Number of court cases decided during the year in which a child obtained a remedy for a violation of his or her rights. Civil cases 3. Number of court cases affecting children decided during the year. 4. Number of court cases affecting children decided during the year in which the child or children concerned were heard, either directly or through a representative. Family Law Cases 5. Number of cases of physical, sexual or other violence against children reported to or registered by the child welfare authorities, health or other authorities during the year.* 6. Number of cases of crimes against children registered by the police during the year. 7. Number of registered crimes against children brought to trial during the year. 8. Number of criminal convictions during the year in which the victim was a child. 9. Number of child victims of violence provided with medical, psychological, social or other assistance in recovery during the year. Crimes against Children

2016 CAR Access to Justice Indicators 1. Number of cases filed with any court during the year, in which a child or a representative of a child or children sought a remedy for violation(s) of the rights of a child. 2. Number of court cases decided during the year in which a child obtained a remedy for a violation of his or her rights. Civil cases 3. Number of court cases affecting children decided during the year. 4. Number of court cases affecting children decided during the year in which the child or children concerned were heard, either directly or through a representative. Family Law Cases 5. Number of cases of physical, sexual or other violence against children reported to or registered by the child welfare authorities, health or other authorities during the year.* 6. Number of cases of crimes against children registered by the police during the year. 7. Number of registered crimes against children brought to trial during the year. 8. Number of criminal convictions during the year in which the victim was a child. 9. Number of child victims of violence provided with medical, psychological, social or other assistance in recovery during the year. Crimes against Children * Highlighted indicators are related to SDGs

2016 CAR Access to Justice Indicators 2 10. Number of children suspected or accused of a crime and child victims of crime who benefited from legal aid or legal representation during the year Legal aid and legal representation 11. Number of complaints brought to the Ombudsman’s Office by children during the year. 12. Number of complaints brought to the Ombudsman’s Office on behalf of a child or children during the year. 13. Numbers of complaints made by children or their representative to the Ombudsman’s Office, during the last year, that were investigated and resolved within 6 months 14. Numbers of complaints resolved by the adoption of a recommendation that the child be given a remedy, and in which the child or children concerned actually obtained a remedy or reparation. Complaints to the ombudsman 15. Number of cases involving children submitted for mediation during the year. Mediation

List of indicators VAC Albania Armenia Azerbaijan Belarus Bulgaria   Albania Armenia Azerbaijan Belarus Bulgaria Croatia Czech R Georgia Hungary Kazakhstan Kosovo Kyrgyzstan Latvia Moldova Montenegro Romania Serbia Slovakia Tajikistan Ukraine Crimes against children 6 (crimes against children reported to police) 7 (crimes against children prosecuted) 8 (conviction for crimes against children) VAC 5 (reported cases of VAC) 9 (VAC victims given assistance) Civil and family law cases 1 (civil cases filed) 2 (remedies obtained in civil cases) 3 (family cases decided) 4 (children heard in family cases) Ombuds Institutions 11 (children who brought cases to ombudsmen) - 12 (cases brought to/opened by ombudsmen) 13 (cases resolved in favor of the child within 6 months) 14 (children who in fact received a remedy) Legal aid, mediation 10 (children provided with legal assistance) 15 (cases referred to mediation) Data provided

Overview of data reported-VAC Provided data on both indicators Provided data only on one indicator No data

Access to Justice 16.2 ending exploitation and violence against children 16.3 ensuring equal access to justice for all SDG 16 calls for the promotion of just, peaceful and inclusive societies. It includes following goals: VAC prevention and response access to justice elimination of harmful practices e.g. child marriage UNICEF Strategic Plan 2018-2021 has a goal on child protection, which has 3 targets: SDG 16 calls for the promotion of just, peaceful and inclusive societies SDG 16 goals include ending exploitation and violence against children (16.2) and ensuring equal access to justice for all (16.3) UNICEF Strategic Plan 2018-2021 has a goal on child protection, which has 3 targets, including VAC prevention and response and access to justice Access to effective remedies is an essential part of any comprehensive child rights strategy: It helps to ensure programmes are implemented and services provided with respect for basic CRC principles i.e. without discrimination and with respect for the dignity and views of children and family unity It helps to ensure professionals fulfill their duties properly, and to change cultural values

Information on data systems – administrative data of police, prosecutors and courts All CAR contained information on data collected by police, but several indicate such data are incomplete Only 2/3 of CAR contained clear replies on data collected by prosecutors, and fewer than half of them report that data on child victims are collected Three CAR provide info on data collected by administrative dispute settlement procedures; three more described the role of commissions on minor’s affairs but indicated that they do not produce data Most CAR report that data on children involved in judicial proceedings are incomplete; one indicates the courts system produces no data and two indicate existing data are not reliable Four CAR mention other specialized agencies as sources e.g. on domestic violence, aid to victims

Information on data systems – role of NSOs Publishing data More data published by line ministries Verifying Data Providing tools and guidance for data collection and use Description of difficulties and plans most NSOs publish data on children and justice, but indicators are few and focus on juvenile justice; often more data are published by line ministries e.g. justice, interior, or child protection agencies some take a proactive active role in verifying the data provided by line ministries, in developing tools for collecting data and providing guidance on their use many NGOs have a more passive role, receiving & publishing data many NSOs gave useful comments on difficulties and plans

Data systems – difficulties reported and plans Most CAR report plans to expand/improve the capacity to collect and manage data Some report plans to create of an integrated national database Some report plans to collect data relevant to international norms and greater disaggregation Fragmentation of data management systems Lack of equipment, outdated software Inconsistent or out-of-date norms on data collection, differing units of count Lack of training Difficulties Difficulties ‣ fragmentation on data management systems – separate databases for related data ‣ inaccurate recording of data due to lack of computers & on-line access to databases, leading to unrealistic demands on the time of justice professionals lack training of those responsible for recording data and/or poor supervision or limited accountability use of data to evaluate performance, creating incentives to underreporting or over-reporting Plans Most CAR report plans to expand/improve capacity to collect and manage data on children’s access to justice -Examples: 1) INSTAT Albania Strategic Plan 2017-2021 calls for wider range of indicators, better disaggregation. UNICEF is supporting the development of an integrated web-based system to enable MoJ and other authorities to collect data and track all cases concerning children in the criminal justice system. 2) The Bulgarian CAR calls for a working group of lawyers and statistical experts to adapt and clarify the CAR indicators and the methodology for data collection, under the Supreme Judicial Council, with financial support. The Romanian CAR proposes the creation of an integrated national database using indicators and definitions in line with international standards, with access by all institutions that have a role in judicial proceedings concerning children, and regular meetings of such institutions with child welfare institutions, education system, Ombudsperson, public health institutions, bars associations… confidentiality of data seen as obstacle to collection of data on children’ difficulty in modifying ‘old’ or ‘rigid’ software to meet new needs differences between the legal requirements on recording of data applicable to different institutions changes in legal meaning of terms used for statistics, due to the law reform use of different units of count (case, person, crime)

Conclusion and Selected Findings General Conclusion Selected Findings The response to CAR shows high interest in children’s access to justice, but significant gaps in the data available. Not withstanding these gaps, the data reported shed light on important questions concerning the children’s right to a remedy The percentage of reported crimes against children that are prosecuted ranges widely from 3% to 49%, but the percentage of cases prosecuted that end with convictions is relatively high The number of children who receive legal assistance is small Most data on VAC and crimes against children are disaggregated by sex, but most data on other indicators are not Most data on crimes against children are not disaggregated by the nature of the crime and age of victims

1. All countries in the region should be encouraged to take certain measures … 2. A chapter on children’s access to justice should be added to the TransMonEE database. 3. Include A2J indicators to the TransMonEE database, including definitions, rules of count, and criteria for disaggregation and other guidance 4. A regional strategy should be developed on support for national, inter-institutional data collection and management systems concerning children’s access to justice. Recommendations RECOMMENDATION 2 It should include 10 of the 2016 CAR indicators: 1. number of cases of crimes against children registered by the police during the year 2. number of registered crimes against children brought to trial during the year 3. number of criminal convictions during the year in which the victim was a child 5. number of cases of physical, sexual or other VAC reported to or registered by the child welfare, health and education authorities during the year 4. number of cases filed with any court during the year seeking a remedy for violation(s) of the human rights of a child 5. number of court cases decided in which a child obtained a remedy for a violation of his or her human rights 7. number of court cases (family law) affecting children decided during the year 8.  number of children who benefited from legal aid or legal representation during the year 9. number of complaints concerning violations of the rights of children brought to/opened by the Ombudsman’s Office number of complaints/cases handled by the ombudsman in which the child(ren) obtained a remedy or reparation RECOMMENDATION 3 The review process should take into account: - the positive results and difficulties observed in the 2016 CAR reporting - the SDG indicators - the reporting guidelines of the Committee on the Rights of the Child - the relevant indicators used by other UN and European databases * In order to enhance comparability of data - traffic offences not be counted - non-payment of child support should not be counted, or be clearly disaggregated RECOMMENDATION 4 The strategy should define/address - aims/objectives - expected participants on the national level - coordination mechanisms on the national and regional (ECA) level - the kinds of assistance/support to be provided - the possibilities of cooperation/synergy with activities of other international agencies/donors

Recommendation 1 Actions the police publish data on all reported crimes against children data on crimes against children that are prosecuted should be registered and published the number of child beneficiaries of free legal aid (not limited to juvenile offenders) be recorded and published the number of cases in which child protection services participate in judicial proceedings concerning children be recorded and compiled, disaggregated by the nature of the case and their role all data on children’s access to justice be disaggregated by sex, and where appropriate, by age and the nature of the issue and/or outcome of the proceeding cases where administrative remedies are sought for violations of the rights of children, the number of child beneficiaries of free legal aid and the number of cases in which child protection services participate in judicial proceedings concerning children be recorded and published medical, social and educational systems publish data on registered cases of VAC Recommendation 1 1. All countries in the region should be encouraged to take appropriate measures to ensure that all required data is recorded, registered and published. the police publish data on all reported crimes against children data on crimes against children that are prosecuted should be registered and published the court system compiles data on family law cases involving children, on cases where remedies for violations of the rights of children are sought, and on convictions for crimes against children cases where administrative remedies are sought for violations of the rights of children are recorded and the data are published the number of child beneficiaries of free legal aid (not limited to juvenile offenders) are recorded and published the number of cases in which child protection services participate in judicial proceedings concerning children is recorded and compiled, disaggregated by the nature of the case and their role medical, social and educational systems publish data on registered cases of VAC all data on children’s access to justice are disaggregated by sex, and where appropriate, by age and the nature of the issue and/or outcome of the proceeding

Recommendation 2 Actions It will be included in the 2018 TM database revision 2. A chapter on children’s access to justice should be added to the TransMonEE database. RECOMMENDATION 2 It should include 10 of the 2016 CAR indicators: 1. number of cases of crimes against children registered by the police during the year 2. number of registered crimes against children brought to trial during the year 3. number of criminal convictions during the year in which the victim was a child 5. number of cases of physical, sexual or other VAC reported to or registered by the child welfare, health and education authorities during the year 4. number of cases filed with any court during the year seeking a remedy for violation(s) of the human rights of a child 5. number of court cases decided in which a child obtained a remedy for a violation of his or her human rights 7. number of court cases (family law) affecting children decided during the year 8.  number of children who benefited from legal aid or legal representation during the year 9. number of complaints concerning violations of the rights of children brought to/opened by the Ombudsman’s Office number of complaints/cases handled by the ombudsman in which the child(ren) obtained a remedy or reparation

Recommendation 3 Actions It will be included in the 2018 TM database revision 3. Include A2J indicators to the TransMonEE database, including definitions, rules of count, and criteria for disaggregation and other guidance RECOMMENDATION 3 The review process should take into account: - the positive results and difficulties observed in the 2016 CAR reporting - the SDG indicators - the reporting guidelines of the Committee on the Rights of the Child - the relevant indicators used by other UN and European databases * In order to enhance comparability of data - traffic offences not be counted - non-payment of child support should not be counted, or be clearly disaggregated

Recommendation 4 It will be included in the 2018 TM database revision Actions It will be included in the 2018 TM database revision 4. A regional strategy should be developed on support for national, inter-institutional data collection and management systems concerning children’s access to justice. RECOMMENDATION 4 The strategy should define/address - aims/objectives - expected participants on the national level - coordination mechanisms on the national and regional (ECA) level - the kinds of assistance/support to be provided - the possibilities of cooperation/synergy with activities of other international agencies/donors

Thank you The strategy should not focus narrowly on indicators selected by TransMonEE, but should recognize primary, broader purpose of enabling national authorities to generate reliable data that will help them make informed policy decisions and effectively monitor children’s access to justice.