Child-friendly Justice – from Child-friendly Justice – from the Aspect of the the Aspect of the

OmbudsmanOmbudsmanDr. Ágnes Lux

Office of the Commissioner for Fundamental Rights in Hungary11-12 September 2012 – Nicosia,

CyprusENOC Annual Conference

• The Commissioner for Fundamental Rights’s task is to investigate abuses affecting the constitutional rights of anyone (also of children) whenever he becomes aware of them and to initiate general or specific measures for their redress.

• Since there is no special ombudsman for children’s rights in Hungary the general ombudsman play this role

The Commissioner, as The Commissioner, as Children’s Rights OmbudsmanChildren’s Rights Ombudsman

1.1. Act XXXI of 1997 on Child Protection Art.11 Act XXXI of 1997 on Child Protection Art.11 2.2. Act CXI of 2011 on Commissioner for Fundamental Act CXI of 2011 on Commissioner for Fundamental

Rights Art.1Rights Art.1„In the course of his or her activities the Commissioner

for Fundamental Rights shall pay special attention, especially by conducting proceedings ex officio, to the protection ofa) the rights of children.”

- shall initiate investigations on misuses of fundamental rights, and initiate single or general measures to their redress.

- shall give preliminary opinion on draft laws;- may initiate at the Constitutional Court the review

of rules of law as to their conformity with the Fundamental Law

+ proactive work, other means beyond law (publications, children’s rights website, exhibitions)

Prioritized annual projects2008- Awareness-raising, right

consciousness of children

2009- Violence against&among

children (violence in (violence in school)school)

- Since 2005 corporal Since 2005 corporal punishment is generally punishment is generally forbidden based on forbidden based on childprotection act childprotection act amendmentamendment

2010- Family substituting

institutions& children in care

2011-right to mental and right to mental and

physical health of physical health of childrenchildren

-child prostitution-child prostitution-school health-school health- Sexual violence against - Sexual violence against

children in carechildren in care

Child-friendly justice, as main topic on European

agendas in 2012 • European Network of Ombudsperson for Children

(ENOC) dedicated 2012 to childfriendly justice• The revised three-year children’s rights

programme of the Council of Europe (2012-2015) has a special part on it 17th November 2010 Council of Ministers adopted: Guidelines on Child-friendly Justice

• European Commission February 2011: 11 concrete steps on enforcement of children’s rights

International obligationsUN Convention on the Right of the Child (CRC) Art 1. every human being is a child under 18 Art 3. in all actions concerning children, whether undertaken

by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration

Art 37. deprivation of liberty must be only a last resort resolution (for the shortest period)

Art 40. the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society

10. General Comment of CRC Committee (2007) the reaction given to an abuse of law made by a child shall be proportional with the age, maturity, necessities, circumstances of the children, and has to take into account the longterm interests of society ( education, reintegration, not pure punishment)

What does it mean?• Children could be involved in justice system,

as victims, offenders, witnesses, asylum-seekers; or when their parents are divorcing

• Administrative&criminal&civil justice has to be child-friendly at all level & phases:

- best interests& respect their rights- effective access to justice- participation & proper information (child-

friendly conditions; inquiry rooms, right to be heard; etc)

- adequate trainings of professionals dealing with children

Special investigations of the ombudsman

• Implementation of international obligations (e.g. CoE Guidelines on child-friendly justice)

• Mediation and other restorative justice models

• Missing children• Juvenile justice (detention centers, prisons) • Monitoring (administrative, criminal, civil)

legal procedures • Victim support• Youth crime prevention• Trainings of professionals in justice

+ press release on concerns about proposal of lowering the age of criminal responsibility from 14 to 12 years in certain crimes

+ being invited in ch-friendlyjustice working group convened by the Ministry of Justice Penal, Civil Code : more strict sanctions against perpetrators committed violent crimes against a child; childprostitution will be separate legal fact

+ working in domestic violence WG convened by the Ministry of Social Affaires – separate legal fact

Thanks for your kind attention!• www.ajbh.hu

• www.gyermekjogok.obh.hu lux.agnes@ajbh.hu

See more: www.coe.int/childjustice