JUSTICE FOR CHILDRENLooking after the interests of victims,

witnesses and offenders

Anne Grandjean

Justice for Children Seminar, St. Lucia26 July 2007

Justice for Children Justice for Children

• What is it ?

• Why is it a useful approach?

• How to use it? – some implications for policy makers and

practitioners

The Justice for Children approach…The Justice for Children approach…

• … aims at ensuring that all children are better served by justice systems that provide greater protection to them as victims, witnesses and offenders

• … also aims at providing children with access to the justice system in order for them to seek and obtain redress in criminal and civil matters

… includes (1) juvenile justice; (2) children victims and witnesses; (3) access to justice issues

Justice for Children approach:Context & Rationale

Rule of law, peace & securityRule of law, peace & security

• Increasing global commitment to an international order based on rule of law — including a functioning justice system

• Increasing understanding of importance of rule of law in: – promoting peace and security – restoring confidence and stability following a period

of conflict – reducing poverty

Millennium Development Goals (MDGs)Millennium Development Goals (MDGs)

• Child protection is a pre-requisite to the realization of the MDG (poverty, health, education, gender, etc.)

Children going through the justice system are particularly vulnerable to violations of their rights & often forgotten

Justice systems can play a crucial role in reinforcing child rights by:

promoting children’s (victims, witnesses and offenders) rehabilitation and reintegration into society

providing them with a avenue to claim their rights

Therefore, particular attention to Justice for Children is a must to achieve the MDGs

UN ReformUN Reform

• After 2005 World Summit the UN stepped up its reform efforts including greater coherence to its work (“UN delivering as one”)

UN Reform provides UN agencies with opportunities to enhance their cooperation, e.g.:

Joint country/situation assessments on rule of law & justice sector reform

Joint rule of law programming and projects (capacity building, technical assistance, institutional & legislative development)

Developing joint UN policy and guidelines (including JfC)

Rationale for Justice for Children approach Rationale for Justice for Children approach

• Increased interest, commitment and support for RoL, justice sector reform & realisation of MDGs is an opportunity to

– leverage support with partners working on these broader agendas and

– integrate justice for children issues in these agendas

• Increased UN coherence brings agencies together & creates synergies

• Comprehensive & systemic vs. piecemeal more effective

• All in all: greater results for children (ultimate goal)

Rationale for Justice for Children approachRationale for Justice for Children approachCont’dCont’d

Children may come into contact with the justice system as alleged offenders, victims and witnesses; or for other reasons involving their care, custody, maintenance or protection

Often, all these children are being dealt with by the same institutions and professionals these therefore need to be trained and equipped accordingly

Child offenders are frequently also victims institutions and professionals to be able to address all children

International legal framework for children victims & witnesses

Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime

• The guidelines set out principles and rights of child victims and witnesses

• Examples of principles: dignity, non-discrimination, best interests of the child and participation, protection

• Examples of rights: – to be treated with dignity and compassion– to be informed – to effective assistance– to privacy– to be protected from justice process hardship– to reparation

Other international instruments relevant Other international instruments relevant to childrento children victims & witnesses

• CRC Optional Protocol on the sale of children, child prostitution and child pornography

• CRC Optional Protocol on the involvement of children in armed conflicts

• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime

• Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182)

Practical implications of the Justice for Children approach:

Integration into broader development strategies

• Rule of Law• Poverty Reduction• Safety & Security• Transitional Justice

Integration of children’s issues Integration of children’s issues in in Rule of LawRule of Law strategies strategies

Some practical examples:

• Integration of child rights standards & norms in law & policy reform

• Institutional capacity building of law enforcement, justice and social sectors on children’s issues (e.g. Police Child Protection Units)

• Development of diversion mechanisms & alternatives to deprivation of liberty

• Support to traditional, community-based justice and dispute resolution mechanisms in line with HR

• Development of knowledge base & awareness raising on the nature & extent of crimes by and against children

Integration of children’s issues Integration of children’s issues in in Poverty Reduction/Access to justicePoverty Reduction/Access to justice strategies strategies

• Link between access to justice and poverty reduction: lack of access to justice as

– a defining attribute of poverty and – an impediment to poverty eradication

• Some practical examples: – (Free) legal aid for children – Awareness raising in communities (including building trust) – Capacity building for all relevant professionals on special

needs of children – Promote traditional justice mechanisms – when in line with

children’s rights and human rights

Integration of children’s issues Integration of children’s issues in in Security Sector ReformSecurity Sector Reform strategiesstrategies

• Security requires well-managed and competent personnel operating within an institutional framework defined by law

• Security sector personnel – including justice and law enforcement – are essential duty bearers of children’s rights.

• Some practical examples: – Build the capacity of police and judiciary on how to deal with

children

– Strengthen constitutional and legal frameworks so that roles and mandates of security forces are clear and provisions applied effectively

Integration of children’s issuesIntegration of children’s issues in in transitional justicetransitional justice strategiesstrategies

• = Full range of processes and mechanisms associated with a society’s attempt to come terms with a legacy of large-scale past abuses – accountability, justice, reconciliation

– International Criminal Court (ICC) and international/mixed tribunals– Non-judicial mechanisms, such as Truth and Reconciliation

Commissions and traditional practices – Prosecution in national courts

• Children increasingly affected and targeted by warfare calls for greater accountability & more importance placed on the prosecution of crimes against children

Integration in Integration in transitional justicetransitional justice strategiesstrategiesCont’d Cont’d

integration of child-friendly procedures in transitional justice processes

• All guidelines apply – Some examples (ICC statute): – avoiding children’s participation as witnesses when possible– provide investigators with guidelines to support questioning in a

safe and child-friendly manner– obtaining the consent of parents or guardians– undertaking a security assessment – conducting a psycho-social pre-interview of the child’s well-

being– providing assistance of a psychologist during the interview &

presence of an accompanying person – if requested by the child

Inter-Agency Cooperation

Interagency Panel on Juvenile Justice

• Goal: facilitate and enhance country level coordination on technical advice and assistance in juvenile justice

• Members: UNICEF, UNDP, UNODC, OHCHR, DPKO, DCI, PRI, OMCT, TdH.

• Key objectives of the Panel in 07-08:– Increase visibility – Increase availability of existing technical resources on juvenile

justice – Develop common tools and document good practices– Develop common positions– Inform Panel members about technical assistance requests

Development of tools – latest developmentsDevelopment of tools – latest developments

• Child-friendly UN Guidelines on justice for child victims and witnesses of crime – UNICEF, UNODC and IBCR

• Implementation handbook for the guidelines, including training tools and model law (in progress) – UNICEF, UNODC

• Manual for the Measurement of Juvenile Justice Indicators (UNICEF, UNODC)

• Juvenile Justice Training Manual for policy-makers and practitioners – UNICEF, PRI (2006) – a CD version will be available by end July

• New worldwide estimate of children in detention (children in detention and children in pre-trial detention) in progress – UNICEF