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The International NGO Council on Violence Against Children has launched it latest report, "Creating a non-violent juvenile justice system". This report is a follow-up to the 2006 UN Study on Violence against Children. This report has been written to address the growing epidemic and global magnitude of the violence being experienced by children in juvenile justice systems. Whilst aspiring to clarify the many ways in which governments are failing to protect children in conflict with the law, the report also presents a non-violence vision of juvenile justice.
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« 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?
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