Cédric Foussard International Juvenile Justice Observatory Cédric Foussard Director

Cédric FoussardCédric Foussard WWW.IJJO.ORGWWW.IJJO.ORG

International Juvenile Justice Observatory

Cédric Foussard

Director


Missing Children &Missing Children &Childfriendly justiceChildfriendly justice

11. Links between justice system and . Links between justice system and missing childrenmissing children

2. A group of children missing from 2. A group of children missing from the debate: those who interact with the debate: those who interact with the juvenile justice systemthe juvenile justice system

IJJO presentation IJJO: Foundation, based in Brussels Aims:

• Bring an international and interdisciplinary vision of juvenile justice

• Create multidisciplinary networks of experts to collaborate in the development of research and new initiatives.

• Promote international development strategies of appropriate policies, legislations and intervention methods.

Our action lines : • Prevention, • Intervention measures,• Social & professional inclusion

Partners:• NGOs • Universities/ Research centres • Public authorities

Beneficiaries: minors and young people all over the world who are in situations of exclusion leading to conflict with the law



Missing childrenMissing children::

• Child abduction for sexual/ Child abduction for sexual/ comercial/ labor exploitationcomercial/ labor exploitation

Developement of EU policy Developement of EU policy

• ““Voluntarly” missing– Runaway Voluntarly” missing– Runaway childrenchildren

Little done at EU levelLittle done at EU level



2011 EU Agenda for the RC recognizes:2011 EU Agenda for the RC recognizes:• Children may go missing regardless of their Children may go missing regardless of their

age, gender or social status age, gender or social status • Little knowledge about the reasons why Little knowledge about the reasons why

children run away from home/or institutionschildren run away from home/or institutions• Risks are enormous: risks to their safety, Risks are enormous: risks to their safety,

mental and physical health, well-being, etcmental and physical health, well-being, etc• Missing children can suffer violence and can be Missing children can suffer violence and can be

trafficked or exposed to begging,trafficked or exposed to begging,

prostitution and criminal activities prostitution and criminal activities UnderlineUnderline: The importance of CFJ: The importance of CFJ



Child friendly Justice (CFJ)Child friendly Justice (CFJ): :

A CFJ aims to provide a range of A CFJ aims to provide a range of strategiesstrategies that can be used to that can be used to adapt a legal proceeding to the adapt a legal proceeding to the particular circumstancesparticular circumstances of the of the child involvedchild involved


Recent EC Communication, Strengthening Victims’s Rights:

Recognition children vulnerability, a criminal investigation is likely to be a traumatic process, especially if they have been victims of abuse, and special measures should be available to protect them

EC will promote a‘child-friendly justice’ approach towards children involved in criminal proceedings



CFJ embraces the contradictories CFJ embraces the contradictories ideas that courts and legal ideas that courts and legal proceeding can be :proceeding can be :

• a tool to positively shape children's a tool to positively shape children's lives andlives and

• at the same time recognizes that they at the same time recognizes that they can be too often more a source of can be too often more a source of additional trauma additional trauma



2.2. A group of children missing A group of children missing from the debate: those who from the debate: those who interact with the juvenile interact with the juvenile justice systemjustice system



Missing children have high risk of being in Missing children have high risk of being in contact with the juvenile justice system, ascontact with the juvenile justice system, as• victimsvictims• witnesseswitnesses• offendersoffenders

IMP: IMP: They meet a system that must understand They meet a system that must understand and respect both their specific rights and respect both their specific rights

and their particular vulnerability.and their particular vulnerability.



Victims rightsVictims rights

Professionals who might encounter child victims Professionals who might encounter child victims should receive appropriate training and be able should receive appropriate training and be able to quickly refer them to designated points of to quickly refer them to designated points of contact in the legal system.contact in the legal system.

Steps should immediately be taken to protect Steps should immediately be taken to protect child victims from further harm and to link them child victims from further harm and to link them with services they may need to reach a full with services they may need to reach a full physical and psychological recovery.physical and psychological recovery.

Free 24-hour helplines should be put in place to Free 24-hour helplines should be put in place to offer child victims a chance to discuss their offer child victims a chance to discuss their options before bringing matters to the attention options before bringing matters to the attention of authorities.of authorities.



Victims rightsVictims rights

Children should be interviewed by trained Children should be interviewed by trained professionals in the presence of trusted adults; the professionals in the presence of trusted adults; the number of interviews should be kept to an absolute number of interviews should be kept to an absolute minimum; and, where multiple interviews are minimum; and, where multiple interviews are necessary, the same interviewer should conduct necessary, the same interviewer should conduct each session.each session.

Children should not be forced to have contact with Children should not be forced to have contact with alleged perpetrators and, where appropriate, alleged perpetrators and, where appropriate, audio-visual or closed-circuit television technology audio-visual or closed-circuit television technology should be made available to facilitate prerecorded should be made available to facilitate prerecorded testimony or live communication from a remote testimony or live communication from a remote location.location.



Witnesses rightsWitnesses rights

Children should be asked straightforward questions in Children should be asked straightforward questions in language that they understand; techniques designed to language that they understand; techniques designed to test or confuse witnesses, as are frequently employed test or confuse witnesses, as are frequently employed during cross-examination in adversarial legal systems, during cross-examination in adversarial legal systems, should be avoided.should be avoided.

It should never be presumed that children's testimony It should never be presumed that children's testimony or evidence is untrustworthy or inaccurate simply or evidence is untrustworthy or inaccurate simply because it is not submitted by an adult.because it is not submitted by an adult.

When a child agrees to testify in court, measures When a child agrees to testify in court, measures should be taken to keep the child at ease. should be taken to keep the child at ease.



Offenders rightsOffenders rights

Police officers and legal professionals should explain to Police officers and legal professionals should explain to children in a way that they can understandchildren in a way that they can understand

Any child apprehended and suspected of wrongdoing Any child apprehended and suspected of wrongdoing should be given an immediate opportunity to contact a should be given an immediate opportunity to contact a parent, guardian or trusted person and provided with parent, guardian or trusted person and provided with access to a legal aidaccess to a legal aid

Children should only be detained in exceptional Children should only be detained in exceptional circumstances and, where this is necessary, should circumstances and, where this is necessary, should never be detained alongside adultsnever be detained alongside adults


Recommendations to avoid missing right of the Recommendations to avoid missing right of the childchild

Child friendly Justice is missing when children rights are Child friendly Justice is missing when children rights are dismisseddismissed

More than others vulnerable groups, children hold specific More than others vulnerable groups, children hold specific rights that have to be included in all EU policies- as a rights that have to be included in all EU policies- as a horizontal issuehorizontal issue

It is important to maintain the momentum around the EU It is important to maintain the momentum around the EU agenda to ensure that children’s rights are not missing in agenda to ensure that children’s rights are not missing in EU & national policies; in particular:EU & national policies; in particular:

. current Directive proposals. current Directive proposals

. future civil and criminal justice instruments. future civil and criminal justice instrumentsCédric FoussardCédric Foussard WWW.IJJO.ORGWWW.IJJO.ORG

IJJO Greenpapers Implementation of international standards in

European juvenile justice systems

The social insertion of minors and young offenders, key in the fight against recidivism

Measures of deprivation of liberty affecting child and young offenders: How can international standards of juvenile justice be promoted and alternative measures encouraged?'

Documents

Cédric Foussard International Juvenile Justice Observatory Cédric Foussard Director