« Creating a non-violent juvenile justice system »

Report 2013 by The International NGO Council on Violence against Children (InCo)

Benoit VAN KEIRSBILCK - Vienna – 10 & 11 April 2014Thomas MÜLLER

Fundamental Rights Platform

2002

United Nations Secretary-General’s Study on VAC

2003

Appointment of Paulo Sergio Pinheiro to lead the development of the study that looks into violence in family, schools, alternative care and detention, work places and communities.

2006

Presentation of the study to the GA

2009

Appointment of Special Representative of the Secretary General on Violence against Children Marta Santos Pais

2006

Establishment of the International NGO Council on Violence against Children

International NGO Council on Violence against ChildrenWorks to ensure recommendations of the UN VAC study are effectively implemented

Violence against Children in care and justice institutions1. Children in custody and detention

Nature and extent of the problem

Why children come into conflict with the law

Detention as a substitute for care

Sources of violence in detention and police custody

Detention of migrant children

2. Responses to violence against children in care and justice institutions

Protection from violence within institutions

3.

Complaints mechanisms

Recommendations

For all care and justice settings

For care and social welfare systems

For justice systems

Introduction: The International NGO Council on Violence against Children

- Works with NGOs and other partners to ensure that the recommendations from the UN Study on Violence against Children are effectively implemented.

- 9 International NGO Representative + 9 Regional Representatives

Why this report?

•Many reports explaining how a juvenile justice system can be violent in many ways

• Need for a positive perspective and ways of improvement

The report 2013

- 4 parts:

• Creating a Non-violent Juvenile Justice System

• Building Blocks of a non-violent Juvenile Justice System

• A comparative journey through Violent and non-violent

Juvenile Justice systems

• Conclusion & recommendations

The report 2013

- Goals:

• Illustrate the magnitude of children’s exposure to violence in the

justice systems;

• Identify areas where critical efforts are needed to secure

children’s rights and protection from violence;

• Present a vision of a non-violent juvenile justice;

• Clarify the many ways in which governments fail to,protect

children in conflict with the law.

Part 1: Creating a non-violent juvenile justice system (1) Children in conflict with the law : legally entitled to special consideration

Countries are obligated to ensure that all children grow, develop, thrive and reach their full potential

The UNCRC: governments must “take all appropriate legislative, administrative, social and educational measures to protect [children] from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation.”

Part 1: Creating a non-violent juvenile justice system (2)

- Increased violence against children in the juvenile justice system

- 2006: World Report on Violence Against Children

- InCo is now responsible for ensuring that this work remains relevant, that its findings are disseminated, and that its recommendations are followed

Part 2: Building Blocks of a non-violent Juvenile Justice System (1) Justice systems must offer full protection to children

Efforts must be made to find a suitable non-custodial measure

Restorative justice approaches merit particular attention : they root causes instead of examine the events surrounding in isolation

Recourses when children are victims of violence

The situation of children in conflict with the law must be actively monitored to guarantee full support and protection

Part 2: Building Blocks of a non-violent Juvenile Justice System (2)11 topics are mentioned in the report

1) A distinct Juvenile Justice

Need of a separate approach from the criminal justice system with special protections, and ensuring of children’s rights

2) Reach

Only to children who are accused of committing an offence : distinction between children in conflict and in contact with the law

Part 2: Building Blocks of a non-violent Juvenile Justice System (3)

3) Minimum Age and Jurisdiction

>18 years: never be held criminally responsible for their actions ; special rights, exclusively in the juvenile justice system

4) Staffing

Poorly trained and qualified

Staff shortage and low status: better remuneration and more employees

-Part 2: Building Blocks of a non-violent Juvenile Justice System (4)

5) Prevention

Respecting children’s rights = the best way to prevent children from coming into conflict with the law

Resources should be shifted from policing, prosecuting and incarcerating children in conflict with the law to providing social, economic and psychological support for children and families in difficult circumstances

Part 2: Building Blocks of a non-violent Juvenile Justice System (5)

6) Diversion

Juvenile justice : noble aims BUT has a harmful impact on children

Constructive responses outside judicial proceedings are better

“Diversion”: children are channeled away from the formal justice system before a sentence is pronounced.

Examples: cautions or warnings; apologies to persons negatively affected by the actions in question; curfews; peer education or youth mentoring…

Part 2: Building Blocks of a non-violent Juvenile Justice System (6)7) non-custodial measures

Non-custodial measures should be preferred and directed toward children’s full rehabilitation and reintegration.

Sentencing decisions should be made in a child’s best interests,

Non-custodial sentences serve the interests of both children and society.

8) Restorative Justice

aims to address the root causes of offending behavior by helping children in conflict with the law to understand the consequences of their actions.

asks children to take responsibility for repairing the harm they have caused,

Part 2: Building Blocks of a non-violent Juvenile Justice System (7)9) Complaints mechanisms

Absence of meaningful complaints mechanisms : little recourse when violence is perpetrated against them

Children have no avenues to draw attention to police or institutional violence other than through the police or institutions themselves must be able to report violence in ways that are adapted to their rights, needs and level of understanding, thoroughly, independently and impartially investigated

monitoring should be conducted by external agencies or independent advocacy organizations

Part 2: Building Blocks of a non-violent Juvenile Justice System (8)10) Data Collection & Research

Data are rarely collected and not centralised

need of more informed policy decisions and increased public accountability

11) Public Support

Fear and insecurity reinforce negative stereotypes, focusing public perceptions of juvenile justice on youth violence rather than underlying problems of social and economic exclusion

greater public awareness of children’s rights, juvenile justice and the harmful effects of violence against children should be fostered

See also the :

Part 3: A Comparative journey through violent & non-violent juvenile justice systems Violations vary but the common point is that most countries are

failing to protect children from all forms of violence.

This report illustrates the violent realities of juvenile justice.

INCO wishes to present a clear vision of a hypothetical journey through a non-violent juvenile justice system.

Highlight the ways in which flawed juvenile justice systems perpetuate violence against children

+

Show how these systems can be reformed to ensure that children are fully protected from all forms of violence

A Comparative journey through violent & non-violent juvenile justice systems (3)First contact

Apprehension

Pre-trial Detention

Trial

Disposition

Detention

Reintegration

Conclusion & Recommendations (1)

Children in conflict with the law continue to face acts of aggression and abuse at every stage of their involvement with the justice system, despite the international laws.

There has been ample time, guidance and encouragement to address this growing crisis, but distinct juvenile justice systems remain underdeveloped, underutilized, under resourced and underappreciated.

Conclusion & Recommendations (2)

- All too often, promises of positive, healing interventions into children’s lives have collapsed into inevitable violations of their rights

- Recommendations to: international/regional Bodies national Governments children’s Rights advocates

Possible Questions

- What are some key characteristics of child sensitive interrogations?

- How can police units and social services specialise on dealing with children?

- How can detention facilities become more child sensitive?