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ISPCAN Bragi Guðbrandsson, Director General, Iceland

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Presentation on theme: "ISPCAN Bragi Guðbrandsson, Director General, Iceland"— Presentation transcript:

1 The Road We Travel: Current trends toward convergence of child abuse response
ISPCAN Bragi Guðbrandsson, Director General, Iceland Chris Newlin, Director General, NCACC, USA

2 Abstract Few remarks on why Barnahus/CAC should be addressed in Europe
How it all started: from Huntsville to nationwide implementation of CAC in the USA The evidence based foundation of CAC Barnahus as a travelling idea Agents of change The European Barnahus standards

3 The Emergence of Nordic Barnahus Model
Barnahus Iceland founded in 1998 rooted in the principles of child-friendly, multiagency and interdisciplinary features of the CAC model in the US with the overt aim of integrating: The US long tradition of investigative approach in child protection The great legacy of the Nordic welfare model and the principles of the UN CRC

4 Barnahus vis-á-vis the CAC “Due process” and the “Best interest of the child”
An attempt to integrate the principle of the “best interest of the child” on the one hand and the human rights principle of a “fair trial” on the other by Providing an arrangement for eliciting and recording the child´s testimony under conditions required to ensure the “due process” by allowing for the representation of the defence as all other relevant agencies To avoid the harmful effect on the child by repetitive interviews and having to testify again and/or being cross-examined in the courthouse during the court procedure if the case is prosecuted

5 Barnahus vis-á-vis the CAC Organizational features
While the CAC is most often independent or private no-profit organisation, Barnahus is an integral part of the institutional structure of the public judicial and social welfare systems This involves that Barnahus is a public organisation in terms of legal standing, financing the services and the non-discriminatory rights that children have to access the services offered in Barnahus

6 Barnahus Joint Invest. Interviews: court statements/ CPS interviews
Victim Therapy Medical Exams and Evaluation Consultation and advice to local CPS Education, training and research Family Counselling/ Support

7 Court testimonies The Court Judge is in charge of the procedure – the “due process” The Defence The Prosecution The Police The CPS representative The Child’s Legal Advocate The child´s disclosure is elicited by trained forensic interviewer according to evidence based interview protocol and videotaped

8 CPS exploratory interview
Guidelines: At the request of the Child Protection Services Disclosure is absent or very weak/ambigous Offender has not been identified Offender is below the age of criminal responsibility(15 years)

9 Traditions in Europe with regard to Response to Child Abuse
The social perception of the nature of the phenomenon of child abuse reflect different systems of response, characterized by the following “ideal types”: The “Child Rescue” Response investigatory, policing and procedurally driven The “Family Support” Response supportive intervention and partnership with families The “Institutional” Response out of home placement in institutional setting

10 Child Rescue Model Response Trauma in the justice system
The real object may rather be to ensure a guilty verdict and punish the perpetrator rather than ensure the best interest of the child Multiple interviews in different locations and the corresponding re-victimization of the child-victim Repeated interrogation within the justice system, in police stations and court settings adds to the traumatic experience Hostile cross-examination, intimidating and hammering of the child-witness The months, even years of waiting for the trials, with one or even more appeals, puts the life of the child victim at halt and constant distress

11 A fresh example

12 “What happened to me at court was worse than the abuse” - Lilly

13 “Waiting for the trial put my life on hold”

14 The Family Support Model Response Subjecting the Child to Continued Risk
Confidentiality and professional secrecy becomes the “name of the game“ Restriction of reporting, often no criminal investigation Perpetuates child abuse as a “family secret” and counteracts social awareness of child abuse Can prevent interdisciplinary and comprehensive intervention Overlooks the risks of recidivism and therefore the risk situation of the child (betrayal of the child)

15 The Institutional Model Response Removing the child
In it´s worst form the institutional response acts on the assumption that the child´s disclosure is false Placement in psychiatric wards for evaluation of possible false accusations, a residual practice still to be found in some former Soviet states Fails to recognize the importance of avoiding as possible rupture in the child´s daily routine and alienation from significant others Targets the removal of the child rather than the perpetrator

16 Decline of traditional responses The impact of the UN CRC
The CRC introduced a paradigm shift that revolutionized our perception of the child as holder of rights – protective as well as participatory rights The dynamic nature of the CRC as embodied in the principle of the “best interest of the Child” has created international consensus on priorities and strategies in child welfare The “operationalization” of the CRC into diversified contexts of children´s live experiences

17 Development of Convergence towards a unified approach
The new paradigm generated new knowledge from research, sharing of experiences and information Reflected in international laws and other instruments as well as the activities of the Council of Europe, the European Union and the bodies of the United Nations It is articulated the ruling of the European Court of Human Rights as reflected in the case law of the Court

18 Principles of Convergence
General consensus among professionals on priorities of New strategies to ensure protective and participatory rights of children CAC/ Barnahus embodies the main components of this consensus: Evidence based programs: forensic interviewing, medical exams and therapy Interdisciplinary and multi-agency response and avoiding re-victimization Assessments of needs and comprehensive services Child – friendly and rights based approach Partnership with parents, identifying protective factors as well as risk factors Prevention and early detection by dissemination of reliable data

19 The European Court: Balancing principles of Human rights
Barnahus reflects child-friendly strategies and practices to ensure The „best interests of the child“ without compromising the human right principle The “due process” (fair trial) “Equality of arms”, “evidential immediacy”

20 Reflections on travelling ideas
The process of convergence in child welfare and human rights described above constitutes the social reality and the context fostering the Barnahus/CAC model and promotes its growth In celebrating Barnahus/CAC we may ask about the journey we have travelled Sharing experiences from Iceland: study visits in Barnahus or invitations to present abroad reflect the enhanced interest beyond the northen European states

21 Presentations abroad and study visits in Barnahus Iceland The Nordic countries vs. other states

22 Advocacy for Barnahus/CAC Inter-governmental Organizations
The Council of the Baltic Sea States Barnahus and child-sexual abuse priority from the onset Numerious conferenc./meetings on child-friendly investigations etc, The Nordic Council of Ministers Facilitating study visits, highlighting Barnahus European Economic Area Social Fund EEA and Norwegian Grants financing study visits and training Others: WHO, OSCE

23 Advocacy for Barnahus/CAC The Key Role of Council of Europe
Standard settings: The Lanzarote Convention, Guidelines Child-friendly justice, Rec Social Services friendly to Children and Families Campaigns for children´s rights: “Europe for and with Children“, “One in five“ Publication and dissemination of visual material The Secretariat, debates within and programs of The Congress of Regional and Local Government and Action Plan The Parliamentary Assembly; Country specific support (Cyprus, Ukraine, Moldova etc.)

24 Advocacy for Barnahus/CAC The Role of International NGO
Save the Children Europe/Sweden/Norway “Child Abuse and Adult Justice“ 2002 and national campaigns World Childhood Foundation The initiative of HM Queen Silvia of Sweden domestically and abroad ISPCAN The Multidisciplinary Award 2006 in York UK Plenary presentations and workshops in all Regional (including NFBO) and World Congresses since then including Lisbon, Hong Kong, Dublin, Calgary UNICEF Regional Conferences (Ljubljana 2005,Tirana 2013 , Minsk 2014 etc.); Webinar

25 Contribution of Academics Nova and the forthcoming book on Barnahus

26 EU and Promise During the last decade the EU has increasingly addressed the rights of children Towards an EU strategy on the rights of the child (2006) The Charter of Fundamental Rights of Children (2010) The Agenda on the Rights of the Child (2011) The Directive on Child sexual abuse and exploitation (2011) Global Alliance on for Combating Child sexual abuse Online (2012) Public Consultation on Child Protection systems (2013) The Directive on Victims of Crimes (2015) The Promise project is probably the most significant EU supported program, in terms of potential structural changes for enhancing protective as well as participatory rights of children in Europe

27 Promise: a milestone in evolution of Barnahus
The first systemic attempt to bring together European states for the purpose implementing Barnahus/CAC The project has brought together professionals who have been generous in sharing their experience, wisdom and knowledge to develop strategy for the future The collaboration has enriched the conceptualization of Barnahus and deepened our understanding of how to ensure the transferability of the model accross cultures Facilitates the set up a professional network into the future

28 European Barnahus Standards
The first systemic attempt to establish quality standards for child-friendly, multi-agency response to child abuse Addresses the evidence based components of Barnahus including structured forensic interviews, medical examination and therapeutic services Ensuring necessary flexibility to allow for implementation in diversified social/legal environment with the necessary fidelity required for professional implementation

29 Further readings

30 Concluding Remarks Promise has set in motion collective and coordinated force that already has produced tangible outcome We have come so far – but yet achieved so little! Yet, we only have Barnahus/CAC in pockets of Europe – but in these pockets we keep keys for unlocking many, many more! Dripping water hollows out stone - not through force but through persistence


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