Save the Children Sweden...2.3 The Right to be Provided with Special Justice administration Procedures (p.64) Module 3: The problems of Child Abuse and Juvenile Deliquency (p.93) Lesson

Save the Children Sweden fights for children’s rights.We deliver immediate and lasting improvements to children’s lives worldwide.

Save the Children works for a world:which respects and values each child.which listens to children and learns.where all children have hope and opportunity.Save the Children Sweden publishes books and reports to disseminate knowledge about the situation of children, toprovide guidance and inspire new thoughts and discussions. You can order our publications by contracting us directly or byusing our East Africa website: http://ecaf.savethechildren.se or visit the bookshop www.rb.se/bookshop

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Ethiopia Office

P.O.Box 3457

Addis Ababa, Ethiopia

Tel: +251 113 21 09 60

Fax: +251 113 21 4234

Mail: [email protected]

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The Ethiopian Police University College, founded in 1942, is a sole national level police higher learning and researchinstitution established to support and speed up the modernization process of police service of the nation. From its inceptionit has evolved from a national school for training police to what it is now. Its vision is: To see the public receiving qualified policeservices that fully meet the requirements of civilized policing expected in a democratic society. It has two major campuseslocated in the capital Addis Ababa and at Sendaffa town 40kms from the capital. Various programs are run where, the issuesof general human rights, the rights and services for children, women and other disadvantaged groups are mainstreamed.Asinvolvement and working in collaboration with all stakeholders is its grand strategy, it wishes to work with all governmentaland non-governmental systems concerned to the protection of most vulnerable groups including children and women. Thistraining manual is one outcome of such a strategy.

The Ethiopian Police University CollegeP.O.Box 1503Tel: +251 11 686 0450Fax +251 11 686 0460E-Mail: [email protected] Ababa Ethiopia

Forum on Street Children Ethiopia (FSCE) is a non-government, none profit, organization established in 1989 by fewdedicated Ethiopians. FSCE works for the respect of the rights of street children, children who are sexually abused andexploited; trafficked; physically abused; exposed to labour exploitation, and those children in conflict with the law. At present,FSCE is implementing all its programs in five cities i.e. Nazareth, Dessie, Bahirdar, Addis Ababa and Diredawa and childprotection programs in additional five towns namely: Debrezeit, Shashemene, Ambo, Jimma and Nekemt. It works inpartnership with various governmental and non-governmental organizations and with the active involvement of the targetcommunity.

Forum on Street children EthiopiaP.O.Box 9562 Tel: 011 5534432Fax 011 55 34469E-Mail: [email protected]

Addis Ababa Ethiopia

© 2008 Save the Children Sweden

Producer: Tsegaye Deda, Assistant Commissioner, Ethiopian Police University College

Program Officer: Alemtsehay Mulat, Senior Program Officer, Save the Children Sweden

Design and Layout: Mango Production

Printing: Premium Plus Printers

FOREWORD

Although, the forms and intensity may vary form one to another, child abuse is the problemof all societies and nations. Child abuse has prevailed throughout the history of mankindand at the present time it is seriously threatening the wellbeing and development of childrenin many parts of the world, more severely the African continent. In Ethiopia, physical,psychological and sexual violence against children is widespread and having enormousdestructive impact on the children as well as the society in general.

Contemporarily, the incumbent government of the Federal Democratic Republic ofEthiopia and the public in general have come to be more concerned about the problems ofchild abuse and are taking serious measures accordingly. The Government clearly andcorrectly recognizes the role of the youth as well as the importance of investing on themin the endeavor to overcome underdevelopment. Accordingly, it streamlines the enabling andempowerment of today's children in the process of the accomplishment of the nationalpriorities of bringing quick socio-economic development and democratization.

The existence of various national laws and policies, regulatory mechanisms, specializedsystems and programs, --- etc, that help to uphold and protect the rights and welfare ofchildren are some of the major practical exemplifiers of the commitment of thegovernment. The Government has ratified the UN Convention on the Rights of the Childand the African Charter on the Rights and Welfare of the Child, and adopted them to theconstitution and other derived laws of the nation. The government has formulated andbeen implementing different national level policies and programs that directly deal with thematters of children, major ones of which include 'The Developmental and Social WelfarePolicy'; 'National Youth Policy'; 'Education Act and Directives'; 'The National Action Plan(NPA) for Children (2003-2010 and beyond'; and 'National Plan of Action againstCommercial Sexual Abuse and Exploitation of Children in Ethiopia'. Besides the regularjustice system the institutional frameworks established by the Government to help fortranslation of laws, policies, and programs into tangible results include Ministry of Womenand Child Affairs; the national inter-ministerial committee; child right committees that areestablished and operate at regional, zonal and Woreda (local administration) levels; thenational committee on child abuse and sexual exploitation; etc

The police, as a responsible government body to ensure the security and safety of the public,has an important obligation to enforce the legal rights of children, to protect them fromabuse and delinquency, and when exposed to abuse and offence, to facilitate theadministration of justice. Having such duty properly understood, and building the necessarycompetencies and capacities are the major aspects of preconditions for the police in orderto be able to accomplish the duties satisfactorily. The establishment of the Child ProtectionUnits in some police departments, the integration of the subjects of child rights and childprotection in some police education and training programs; changes and improvements inthe attitude and understanding of the police officers towards the matters and treatment ofchildren; etc are some examples of recent developments being seen from the police.

Top leadership of the Federal Police, however, believes that the performance of theEthiopian police service towards child protection is far below the expectations. Thus, it

strongly wishes and commits it self to see such state of the police performance reversed.Some of the major strategies it plans to follow so as to achieve this include encouraging andsupporting the: -Institutionalization and prioritisation of the child protection functions and services asintegral part of the regular policing processes at all police departments; Establishment of specialised police systems/units that specifically deals with child relatedmatters; Integration of the subject of child rights and child protection in all police training curricula; Designing and delivery of specialised training programs on the functions and process ofchild protection; Developing and implementing various operational standards and guidelines relating to childprotection processes; etc

Training and development of the police officers is a decisive entry point of greater priorityto bring the intended scale of change and development in the attitude and performance ofthe police. The training should cover all relevant issues of child related police roles andfunctions as well all police officers whose assignments involve child related matters in oneor another way. Accordingly, all police training institutions in the country are expected tointegrate child protection and child services to all regular and specialised police trainingprograms they run.

This manual is developed basically to support the police training and development processes.As the manual covers all relevant issues of police child protection functions and services, itcan serve as a major source material to all police training programs in child related matters.It is also believed to be a helpful reference for all who are involved in managing andexecuting child related functions. Accordingly, not only the training intuitions and trainers,but also all managers and executors of child protection functions are advised to make useof the manual.

The training manual is the result of collaborative efforts of many institutions and individualswith a commitment to the protection and welfare of children. We are thankful to all whohave contributed towards this result. More specifically, we are very much grateful to Savethe Children Sweden for covering the entire cost of the production and printing of thetraining manual and Forum on Street Children - Ethiopia, for giving technical support andfor facilitating. We believe that similar supports will continue in the future, and remain keento work in collaboration with all stakeholders and collaborators towards the welfare andprotection of children.

Hassen Shiffa, D/Director General of the Federal Police of Ethiopia

Table of Content

Manual Introduction and Users' Guide (p.I)

Purpose of the Manual (p.I)Process of the Manual Development (p.I)Organization of the Manual (p.II)Relative importance of the specific lesson topics to different categories of policeofficers (p.V)

Module 1: Understanding Childhood and Child Development (p.1)

Lesson One: The Concept of Childhood (p.3)1.1 Conventional Definition of a Child (p.6)1.2 Societal Conception of Childhood (p.6)1.3 Childhood in Different Ethiopian Communities (p.7)1.4 Implications to Policing (p.7)

Lesson Two: Child Development (p.9)2.1 Areas of Child Development (p.13)2.2 Major Stages in the Development of a Child (p.14)2.3 Needs for the Proper Development of a Child (p.17)2.4 Role of the Police in Child Development Processes (p.19)

Module 2: Child Rights (p.23)

Lesson One: Introduction to Legal Instruments of Child Rights (p.27)1.1 Overview of the Child Rights Instruments (p.30)1.2 The UN Convention on the Rights of the Child (p.31)1.3 Other International Instruments (p.36)1.4 Regional Instruments (p.38)1.5 National Instruments (p.39)

Lesson Two: The Rights of Children with Specific Relevance to Police (p.43)2.1 The Right to be Protected from Arbitrary Treatment (p.45)2.2 The Right to be Protected from Abuse and Exploitation (p.50)2.3 The Right to be Provided with Special Justice administration

Procedures (p.64)

Module 3: The problems of Child Abuse and Juvenile Deliquency (p.93)

Lesson 1: General Nature of the Problems (p.95)Lesson 1.1 Basic Features of Child Abuse (p.97)Lesson 1.2 Basic Features of Juvenile Delinquency (p.105)

Lesson 2: State of the Problem in Contemporary Ethiopia (p.115)Lesson 2.1 Magnitude of the Problem (p.117)Lesson 2.2 Most Prevalent Types of Child Abuse (p.123)

Module 4: Fundamentals of Policing Child Matters (p.139)

Lesson One: Police Duty to Protect Children (p.141)1.1 Policing and Children (p.142)1.2 Police Roles and Requirements (p.145)1.3 Review of the Contemporary State of Police (p.147)

Lesson Two: Moral and Behavioural Standards of Policing Child Matters (p.153)

2.1 Meaning and Principles of Morality (p.154)2.2 Morality and Policing (p.157)2.3 Governing Principles and Standards in Dealing with Children (p.164)2.4 The Practice in the Contemporary Policing in Ethiopia (p.169)

Module 5: Police Preventive Functions and Strategies for the Problems ofChild Abuse and Juvenile Delinquency (p.173)

Lesson One: Principles and Functions of Prevention (p.175)1.1 The Concepts of Crime Prevention (p.177)1.2 Police Preventive Roles and Functions (p.179)

1.2.1 Information (p.179)1.2.2 Education (p.184)1.2.3 Involvement (p.190)1.2.4Enforcement (p.195)

Lesson Two: Formulation and Implementation of Preventive Strategies (p.199)2.1 Process of Strategy Formulation and Implementation (p.200)2.2 Strategic Analysis (p.202)

2.2.1 Context Analysis (p.2042.2.2 Problem Analysis (p.206)2.2.3 Solution Analysis (p.207)

2.3 Major Directions and Strategies of the Prevention (p.209)

Module 6: Treatment of Vulnerable and Victim/Abused Children (p.217)

Lesson One: Police Treatment of Street Children (p.221)1.1 Scope of the Police Duty to Protect Street Children (p.222)1.2 Police Understanding and Attitude Towards Street Children (p.224)1.3 Principles and Process of Police Treatment to Street Children (p.233)

Lesson Two: Treatment of Children at Risk and Difficult Circumstances (p.241)2.1 Children Addicted to Dangerous substances (p.244)2.1 Children Being Beaten at Homes (p.246)2.3 Child Prostitutes (p.247)2.4 Working Children (p.249)2.5 Children Kept in Police Stations (p.250)2.6 Lost and Abandoned Children (p.251)2.7 Disturbed Children (p.252)2.8 Hungry/Starved Children (p.253)2.9 Begging Children (p.253)

Lesson Three: Treatment of Child Victims and Handling of Their cases (p.257)3.1 Major Principles and Functions of Treating Child Victims (p.258)3.2 Assistance and Support to a Victim Child (p.263)3.3 Examination of Physical and Emotional Signs (p.269)3.4 Interviewing a Child (p.272)3.5 Managing the Case of Child Abuse (p.279)

Module 7: Handling Children in Conflict with the Law (p.287)

Lesson One: Principles and Processes of Treating Child Offenders (p.289)1.1 Major Principles and Functions (p.291)1.2 Pre-trail Processes (p.297)1.3 Arrest, Detention and Investigation of Child Offenders (p.303)

Lesson Two: Diversion: The Concepts and Processes (p.311)2.1 The Concept of Diversion (p.312)2.2 Police Diversion Processes (p.319)Case Studies (p.324)

Module 8: Organizing and Managing the Child Protection Functions (p.327)

Lesson One: Institutionalisation of the Police Roles and Functions (p.329)1.1 Child Service Standardisation (p.330)1.2 System Creation and Capacitating (p.336)1.3 Staff Training and Development (p.341)

Lesson Two: Leadership and Control of Child Protection Functions (p.351)2.1 Planning and Monitoring (p.352)2.2 Networking and Collaboration (p.359)

Manual Introduction and Users' Guide

Purpose of the Manual

Protecting children from violence and abuse is one of the key responsibilities of policeinstitutions. The Police have an indispensable role to enforce the legal rights of children, toprotect them from abuse and delinquency, and to facilitate the administration of the justicewhen exposed to abuse and offence. In order to perform these tasks adequately, the skillsand knowledge of the police officers in the area must be strengthened. Training serves notonly to provide such skills and knowledge, but also to change attitudes among police officerswith respect to children and their cases.

Accordingly, all police training institutions are expected to institutionalize training on childrights and child protection. Possible approaches to achieving this involve integration of thesubject of child protection in all regular and specialized police training programs run by theinstitution (curriculum integration) and designing and delivery of specialized trainingprograms particularly addressing child protection functions and services. This trainingmanual is designed to support the achievement of these goals.

The manual is designed basically for use by police trainers and training institutions in theEthiopian Police Service. Although it is primarily designed to be used in training, the manualcan also serve as a major resource in the process to develop working guidelines for childprotection functions; carry out child protection functions and services; and organize andmanage child protection processes. It is expected that the major users of the manual, morespecifically, child protection trainers and Child Protection Unit (CPU) staff, will have gonethrough a training of trainers program on the contents and use of the manual.

Process of the Manual Development

An assessment of the impact of the previous training efforts, current state of the trainingpractices and future needs for training in the filed of child protection was completed at thebeginning of the manual's development process. The methodologies applied in theassessment includes testing the attitudes and understanding of the police officers; observingand analyzing the practical performances of the police; conducting public opinion survey;and evaluating the contents and processes of the previous training.

The study revealed that there are serious limitations in the practices of training concerningcontent, process and coverage. These limitations include the following:

l Length and depth of the training was too short to acquaint the trainees with thenecessary level of knowledge, skill and attitudinal/behavioural values.

l Contents of the training are not structured based on a specifically identifiedstandard (not need based, targeted, carefully designed, etc);

l Training process were not properly owned and programs not adequately integratedinto police training systems;

I

l Coverage was very limited to few geographic locations and a small proportion ofpolice officers e.g. more than 90% of the existing police officers have not taken anytraining on child rights and child protection.

The major recommended solution measures derived from the findings of the study includethe following:

Incorporation of the subject in all regular and specialised police training programs, Designing specialized training programs for those who are specifically assigned todeal with the matters of children - child protection and juvenile justice;Designing and providing trainer-training course on child rights child protection;Preparing and providing a basic awareness creation course to at least some proportionof the existing police officers who have not undergone any training concerning thematter;

The subsequent processes of the manual's development and its contents are basicallyfounded on this reality and aim to solve such gaps in the practices of police training andimplementation of the recommended solutions.

Moreover to the initial assessment, amid the development process of the manual, aworkshop had been conducted on the draft output with the representatives of all policetraining institutions in the country. Through the workshop process the contents andstructure of the training manual are reviewed; worthwhile inputs to improve the draft workand to make it meet the expectations of its users are received.

Organization of the Manual

Content and Structure of the Manual

With the intention to make it a complete hand-on guide, the training manual has been madeto address all relevant issues and aspects of child related functions and services of the police.Operational and managerial issues; principles, techniques and processes of performing thefunctions; and building knowledge, skills as well as attitudes. The training manual comprisesof eight separate modules, each dealing with one major separate subject of study.

The first three modules aim to enhance the knowledge and understanding about children,their rights and problems (the foundation issues); while the remaining five modules dealwith various aspects of the police roles and functions. The first module focuses on thelessons that help to enhance the officer's understanding of the distinguishing characteristicsof a child as well as their corresponding implications to the police. The second modulespecifically deals with the rights of a child, aiming on enabling the attendants to identify andunderstand the relevant international and local legal instruments of child rights as well asthe rights of a child with specific relevance to the police. Module Three is particularlydevoted to help the learners to understand the nature of the problems of child abuse andjuvenile delinquency. It starts by discussing the common characteristics of the problems,such as forms, causes, consequences, trends, and then continues to the detailed discussionof the state of conditions of such problems in the contemporary Ethiopian context. Thefourth module aims to introduce with the general roles and responsibilities of the police and

II

the governing moral principles of handling children and their cases. The lessons in thismodule will serve as a foundation and reference point for the lessons in all of theforthcoming modules, as the roles and principles are frequently reviewed back and dealt-within detail later on. Module Five aims on building the knowledge and skills of planning andimplementing preventive strategies and operations to solve the problems of child abuse anddelinquency. Module Six specifically deals with the specific principles, techniques andprocesses of treating children who are particularly known to be in need of special attentionand protection from the police. These include street children, children at risk of variousforms of abuse, and children who are suspected or identified to be victims of abuse oroffence. The seventh module aims to equip with the necessary knowledge, skills and attitudesof handling children in conflict with the law. It addresses the step-by-step processes oftreating a child alleged to be in conflict with law as well as the principles and processes ofdiverting child offenders from the regular justice administration process. Module Eightspecifically deals with the managerial issues of police child protection functions focusing onbuilding the necessary managerial/leadership capabilities.

Internal Structure of the Specific Modules

The detailed contents of each module are organized into different lessons and topics, in astandardized manner. The internal structure of the modules and lessons compriseintroduction, learning outcomes, relevance and priority, lesson topics and contents, hint tothe trainer, and summary and key learning points. The introduction section gives briefinformation about the core issues of learning (subject of learning), rationale (why is itimportant to learn about such topical issue), relationship to other modules or lessons,detailed contents and processes of the learning; etc. The broader aim and the specificobjectives expected to be achieved in completion of each lesson are clearly outlined under'Learning Outcomes'. The relative importance of each separate learning topic (i.e., to whichcategory of the police officers is the lesson generally relevant and of prior importance) isexplained at the beginning of each module or lesson, under the topic ' Relevance andPriority'.

Suggestions to the trainer concerning the approaches and methodologies he/she may followin dealing with each specific lesson topic together with the descriptions of the recommendedactivities are provided in a shaded box under the heading 'Hint to the Trainer'. The requiredinformation that the trainer can focus and rely on (i.e., the facts, principles, techniques,procedures, rules, etc wanted to be known, or applied) is sufficiently provided under eachspecific learning topic. This part contains the drsired information that is to be taught andserves as a note for the trainers as well as the trainees. The key learning points are alsooutlined at the end of each lesson to support the trainers in recapping the lessons.

Making Use of the Manual

Although the immediate users will be the trainers and training intuitions, others whose rolebrings technical, operational or managerial responsibilities regarding child protection canfind the manual a major source of information and guidance in performing their tasks. Thecategories of the intended potential users of the manual include police training institutionsand trainers, CPU staff, operational and executive managers of the police service andindividual police officers whose roles include child related matters, in corresponding orderof sequence. Trainers and training institutions will use the manual in the processes ofdesigning and delivering training programs. CPU staff will find the manual of great help in

III

the processes of training, sensitization and consulting other police members and managersas well as executing their roles of child protection functions and services. Operational andexecutive level mangers of the police service can find the manual a major source of usefulinformation in the processes of organizing and leading child protection functions andservices in their respective communities.

The training manual is also not designed to serve a specific type of police training; rather,it is designed to serve for all forms of police training. First and foremost, the entire contentof the manual can be used in making child protection an integral part of the curriculum fornewly recruited police training, as well as other higher level regular police education andtraining programs, given the depth of coverage and delivery methodology commensuratewith the entire purpose and structure of the corresponding curricula. In such cases thecontents may, preferably, be organized as a separate course, named, for instance, 'ChildRights/Child Protection' rather than disintegrating them to be component element of otherrelated subjects or topics. The appropriate principles and techniques of 'vertical andhorizontal extension' of course contents should be employed in determining the contentsof the same subject (topical issue) to be included in the curriculum's of different regular andspecialized programs. These processes entail preparation of separate modules to be used foreach specific type of the police-training program.

As all contents of the manual are not equally relevant to all types of police trainingprograms, it requires carefully identifying the relevant topical issues and their relativeimportance with regard to a specific type of training. This will depend on the kind ofprospective trainee group and the purpose of the specific training programs. As theyconstitute foundation issues, the lessons in the Modules 1 to 4 may become generallyrelevant to be dealt with by all categories of police trainees unless they have already beentaught about them before. However, the relative level of priority of each specific lessontopic may often vary from one to another trainee group. Module 6 and 7 are generally ofgreater relevance in cases of lower level officers training than module 5 and 8, and vice-versain cases of managing officers training programs. Where the relevance of a specific lessonis of high priority to the trainee group, the delivery process may need to involve detaileddiscussions, wider and more thorough coverage, more references (readings), case analysis,practical projects, etc to ensure complete and in-depth understanding.

Therefore, customization of the contents and structure of the lessons in the manual inaccordance to the specific type of training program and corresponding needs is very crucial.With the view to help in doing so, the relevance and relative level of importance of eachmodule, lesson and lesson topic is explained at the bringing of the module or lesson underthe topic ' Relevance and Priority'. The same is also summarized in the table overleaf. Hence,concerned trainers and course designers are suggested to read this part carefully whilepreparing and delivering different training programs. It should also be noted, that thesuggestions are general and may not always perfectly fit specific circumstances. Thus, theultimate decision should be made based on the outcomes of specific training needsassessment.

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VIII

Module1

UNDERSTANDINGCHILDHOOD AND CHILD DEVELOPMENT

Module

1

Children and adults have differences. This statement has meaningfulimplications to the approaches and strategies that are relevant whenattempting to promote and maintain children’s rights and security. Havinga proper understanding of these distinguishing features of childhood is,then, imperative for those who are attempting to develop and implementstrategies to deal with children matters - protection from abuses againstchildren and managing cases involving juveniles.

With the aim of developing such understanding, this module discusses howa 'child' and 'childhood' is explained or understood in different contexts,describes the characteristics and corresponding needs of childhood andchild development processes and clarifies the implications of this to thosewho deal with children.

This understanding of the specific features of childhood provides afoundation for the forthcoming topics and is believed to contribute to thebetter understandability of the issues addressed. Accordingly, it is suggestedthat the module be a starting point for any training relating to policing childmatters.

After working out the lessons included in the Module the attendants will:

1) Have a proper understanding of the conventional definition aswell as the societal conception of a child and childhood,

2) Be acquainted with the aspects and stages of child developmentand the basic needs of children in their development processes,

3) Understand the implications of the concepts of childhood andchild development to policing child matters;

4) Apply the lessons from the concepts of childhood and childdevelopment in nurturing the basic needs of children, as well asprotecting them from harmful consequences;

UNDERSTANDING CHILDHOOD AND CHILD DEVELOPMENTModule1

Introduction

POLICE TRAINING MANUAL ON CHILD PROTECTION 1

Content Structure

The contents of the module are organised into two major lessons as outlined below:

Lesson One: The Concept of Childhood

1.1 Conventional Definition of a Child1.2 Societal Conception of Childhood1.3 Childhood in Different Ethiopian Communities1.4 Implications to Policing

Lesson Two: Child Development

2.1 Areas of Child Development2.2 Major Stages in the Development of a Child2.3 Needs for the Proper Development of a Child2.4 Role of the Police in Child Development Processes

Relevance and Priority

Understanding a child is an imperative precondition for all those who take part in childcareand protection services. Each police officer needs to have such an understanding as all policeofficers have a duty, in one way or another, to deal with child related matters. Thus, thelessons in this module are relevant to be addressed in all cases of police training programs.

However, the depth of learning can vary depending on the specific conditions of the traineegroup. For those with relatively higher level of prior-learning and high cognitive level, andin cases of non-specialized general awareness raising training programs, brief lecture maybe enough.

On the contrary, it may be necessary to give much time and do a thorough discussion in thecase of a learner group with lesser pre-awareness and cognitive level, but with an identifiedneed to have deeper understanding of the issue. This is especially true when the learners arefrom the specialized departments/units with roles specifically associated to child services,for instance, child protection or juvenile unit staff, investigators, rehabilitators, etc.

In such cases, it is suggested to consider in-depth discussions; broader coverage; moreinformation on psychological aspects - behavioural patterns of children at different stagesof development; and methods involving group works and presentations on the matters thathelp to reflect more about the practical experiences of understanding a child in theattendant’s context (in their respective communities).


POLICE TRAINING MANUAL ON CHILD PROTECTION2

Ideas about the nature of the child and concepts about what childhoodentails are reflected in the way children are treated, in the concerns that wehave for them, and in the policies that are created for their benefit.Therefore, having a clear understanding about 'who is a child?' is animperative precondition in order to be able to provide appropriate serviceto children.

The concept of childhood is explained differently in different contexts.For this reason, the real meaning of 'child' differed from time to time inhistory and from one social context to another. Accordingly, this lessonattempts to discuss the concept of childhood as a historical, cultural, andpsychological construct.



Introduction

The Concept of Childhood

Lesson 1

Learning Outcomes

The purpose of the lesson is to enable the trainees to understand the universally providedlegal definition of a 'child' as well as how childhood is understood in different contexts.Upon completion of the lesson, the attendants should be able to: -

1) Give the conventional definition of a child.

2) Explain how and why the conception of child and childhood differs in differentcontexts;

3) Tell how childhood is understood and described in their respective communities;

4) Discuss the implications of the differing concepts of a 'child' and 'childhood';

5) Illustrate the importance of proper understanding of the conception of childhoodin a given community for a police officer who works towards child rights and childprotection within the community,

6) Consider the relevant implications of the conception’s of his/her community inpolicing child matters;

Lesson Structure

Keeping the aforementioned expected learning outcomes in focus the lesson starts by givingthe conventional definition of a ‘child' and continues to discuss the societal conception ofa ‘child' and ‘childhood'. The practical experiences of different communities in Ethiopiashould be focused on discussing the societal conception of 'childhood'. At this level,involvement of the participants is imperative, since it enables the participants to reflect ontheir real experiences and to gain a real understand. At the later stage of the lesson, theimplications of the difference in the concepts are illustrated. Below are the detailedsuggestions to the trainer/facilitator of the lesson.



Lesson1


Lesson1

Hint to the Trainer

First, you may need to introduce the trainees with the universaldefinition of a 'child' and the fact that the meaning of childhoodis understood differently in different societal contexts. Then,it seems better to make the trainees themselves reflect onhow childhood is understood in their respectivecontexts/communities. You may consider different approachesto do this, for instance, individual assignment, group work,classroom discussion where every body is required to contribute,etc. Suggested points of consideration for the activity mayinclude the following:

(1) How a child is described

(2) What makes a person a child

(3) At what age should a child assume adult's role

(4) Proverbs that define childhood

(5) Ways in which the concept of childhood is changing

(6) The obligations and entitlements (rights or privileges)related to childhood.

(7) The implications of the community's conception- their positive or negative impacts on child upbringingand treatment of children within the community.

Organize the outcomes of individual/group works or individualinputs through facilitated discussion in order to see whether it ispossible to reach a conclusive view about the conception ofchildren and the corresponding implications in Ethiopia. Outlinethe major and most common conceptions, associated problems,and the implications to the police.

Finally, do recap of the key learning points and check the extentto which the objectives of the lesson are achieved. For thispurpose you may consider requesting the participants to explainthe key learning points in their own statements, evaluate thequality of the works they have done through the learningprocess, or give a test covering all of the lesson outcomesoutlined above.


1.1 Conventional Definition of a 'Child'

The Convention on the Rights of the Child (CRC) /Article 1/ states, “a child means everyhuman being below the age of 18 years unless, under the national law applicable to thechild, maturity is attained earlier”. This is also an official/legal definition of child in Ethiopiaas we have ratified the CRC.

Although it is common to define children by reference to age, definitions of childhood aremuch more complex than this. In different cultural contexts, factors other than age may beimportant in determining who is a child: factors such as social roles, gender, marital statusand the capacity to contribute economically may be more important.

1.2 Societal Understanding of 'Childhood'

Childhood is not determined only by age, or by biological and psychological factors. Ratherchildhood is understood by reference to particular cultural and social contexts and toparticular periods in history.

In Medieval society, children were not considered different in nature from adults. Childrenwere moved into the world of adults as soon as they could function without their mothers(6 years old). In the Renaissance, there was a more ambivalent vision of children. Childrenwere seen as evidence of God's creation, and therefore innocent, but also as evidence oforiginal sin of adults, and therefore evil. In the 20th century childhood is defined as a specialperiod of the life cycle.

The concept of childhood also differs from one place to another and from one historicalperiod to another in the same place. For example, Childhood in Tokyo is not the same aschildhood in Paris: childhood at the beginning of the third Millennium in Ethiopia is not thesame as it was two hundred years ago or at the present. In the more developed countries ofthe north, for example, childhood is now seen as an extended period of economic dependencyand protected innocence during which play and schooling are seen as central components.But this is far removed from childhood in many other cultures, where work (whether paid, orwork within the household) must take precedence over both schooling and play.

Many child-rearing practices also reflect particular cultural contexts: in Asia for instance,mothers may be quite protective of their children, seeking to keep their infants quiet andcontented, and as they grow up there may be an expectation of compliance and conformity,and an acceptance of adult authority. By contrast, many western societies parents mayencourage open, expressive, autonomous and assertive behaviour and allow a pre-schoolchild to take physical risks that would be unacceptable to many Asian mothers.



Lesson1

1.3 'Child' in Different Ethiopian Communities

The word ‘child’ is translated as ‘Hitsan/CÊ}' in many Amharic literatures including theAmharic translation of the CRC. However, the Amharic word ‘Hitsan/CÊ}' does not seemto appropriately translate the concept of a child, particularly when it comes to communitiesat grass root level in rural areas of Ethiopia. If one goes out to a typical rural communityof Oromia or Afar and try to tell them that any one at age 15 or 16 is a child, that personwould be a laughing stock as at these ages many children can marry and lead their ownhouseholds and may even have one or more of their own children. Calling such individuals‘Hitsan' is unlikely for these community members.

1.4 Implications to the Police

Principally all people under the age of 18 are entitled to rights and services declared to berespected of and provided to children by the CRC. But it is apparent that the community'sconception of a child and childhood will influence the real behaviors and strategies ofpolicing child matters in that community.

In a community where people beyond the age of 15 are perceived as independent adults, therights and services, which are regulated by the law may not be considered for those beyondthat age level. As a result, the children beyond that age level may be exposed for manyproblems. Moreover, the conception of the children's roles and responsibilities, socialpositions, etc determines the kind and ways of treatment provided to the children in thatcommunity.

Thus, the understanding and the consideration of the societal concept of a child isimportant for police work within the community in that it helps to understand the impliedpositive and negative influences on children of that community. This will be an input todetermine strategies and police behaviors that become appropriate in dealing with childrelated matters.

To understand this point more, please imagine dealing with a problem of marriage throughabduction cases in two different communities of which one accepts and encourages thepractice of marriage through abduction and the other doesn't.



Lesson1


Lesson1


Understanding the upper age limit of a child has a lot of consequences,either positively or negatively, on the rights of a child. If a person’sperception of a child and childhood is, say, until the age of 10 then itimplicitly implies that anyone beyond that age, according to such anindividual, is an adult. This in turn can result in the violations of many ofthe rights entitled to a child up to age 18.

The Convention of the Rights of the Child defines childhood as a life spanbelow the age of 18. However, this definition is not sufficient to understandthe concept of childhood. The concept of a child is best understood notonly with reference to chronological age but also with reference to differenthistorical epochs and in different social contexts.

“A child means every human being below the age of 18years unless, under the law applicable to the child,maturity is attained earlier” CRC (Article 1).

Age alone is not a sufficient criterion for establishingoperational definition of a child.

Childhood is understood in very different ways indifferent contexts. Knowledge of how the community understands a 'child'and 'childhood' is a precondition to work towards childprotection and welfare within that community.

The conception a community determines the manner ofhandling children and the level of maintenance of theirrights and well-being.

Nevertheless the differing societal conception, policeshould always treat all persons under the age of 18 aschildren.

Summaryand

Key Learning Points

During childhood, each person passes through various stages ofdevelopment and changes. The major aspects of child development arephysical development, cognitive development, and psychosocial(emotional and moral) development.

In their development from infancy to puberty, children, normally showdifferent forms of physical changes and characters at different age ranges.Correspondingly, children have basic physical, mental, social, and emotionalneeds, which must be met to ensure their healthy development.

Knowledge of the aspects and stages of child development and thecorresponding characteristics and needs of children is very important inthe protection of children as well as in the provision of different treatmentsfor the children. In this lesson, their aspects, stages, needs and implicationsto the police are discussed in detail.



Introduction

Child Development- Aspects and Needs -

Lesson 2

Learning Outcomes

The lesson aims to acquaint the trainees with the knowledge of the aspects and stages ofchild development and the basic needs of children in their early development processes. Incompletion of the lesson, the attendants should be able to: -

1) Describe what child development means,

2) Discuss the major aspects of child development,

3) Describe the distinguishing characteristics of children at different stages ofdevelopment;

4) Estimate the age of a child based on his/her characteristics;

5) Explain the need to treat children of different age levels differently, and how totreat children of different age levels;

6) Outline and describe the basic needs of children for their proper development;

7) Discuss the implications/influences of the circumstances in which a child isbrought up in her/his development;

8) Explain the role of police in the proper development of a child;

9) Execute all the expected roles properly;

Lesson Structure

Making the abovementioned expected learning outcomes in focus, the lesson should startby making the meaning of child development understood by the participants. Following tothis, it is better to encourage the trainees to contemplate on the aspects of changes anddevelopments in children based on their own experiences before the trainer explains them.Consider the suggestions below for the detail processes and content of the involvement.While summarising the points at the latter stage of the involvement and discussion process,the common characteristics of children at different age ranges and their implications topolice should be sufficiently illustrated by the facilitator. Then the provider needs to carefullyexplain the concept and process of development through solving conflicts in life, as itapplies to the children of different ages. As part of this, what children need, from whom,who can have what contribution and influence, how, etc are explained and discussed. Theroles that the police can and should play in making positive influence on the properdevelopment of children are explained and discussed at the later stage.



Lesson 2


Lesson 2

Hint to the Trainer

Make the attendants imagine or see children or pictures ofchildren at different levels of age ranges (for instance, below 3,3-6, 6-11 and beyond 11), and/or to consider how her/hiscommunity categorizes children in accordance to their age levels.Encourage the attendants to describe the ways in which childrenat different age ranges differ from each other, the changes anddevelopment seen on children corresponding to their age levels,and the appropriate ways of treating children of different agelevels.

Suggested points of consideration for the activity may includethe following:

1) In what ways do children of different ages differ fromone another? Outline the aspects of differences.

2) Can there be a difference between two children of thesame age level? Describe the way they differ and why.

3) Describe the changes you have noticed take place inchildren at different ages, and write a short note oneach change.

4) Considering the categorisation of children in yourcommunity, describe the distinguishing characteristicsof each category, and discuss the major aspects ofdifferences among the categories.

5) In which age group are the majority of children whocome to your police unit (1) as alleged offenders (2) inneed of care and protection? What age was theyoungest child you have dealt with (1) as allegedoffender (2) in need of care and protection?

6) Do you think that you, as a police officer need to treatchildren of different ages differently? Why? Howshould children of different age ranges treated bypolice officers? Why? Do they have been treated in thatmanner in practice? If not why not? What effects haveyou noticed as a result?



Lesson 2


7) What do you think chi ldren need for theirproper development? List out and describe thespecific needs of children for their physical, mental,moral and emotional development.

8) What will happen if children are not properlyprovided with such needs? Discuss the nature ofrelationship that exists between a child's present lifeand behavior and the manner in which he/she isbrought up with his/her future life.

9) Who has what role/influence in shaping a child'scurrent and future personality? Discuss theimplications of the manner in which a child is broughtup in his/her family and social circumstances inshaping his/her attitudes, interests, behaviouralpatterns, emotional responses, social roles, and otherindividual traits that endure over long periods of time.

10) What roles and influences do you think the policecan have in the current and future life of Children?

You may consider different approaches to do this; just lecture, inclass exercise and discussion where every body is required tocontribute, individual assignments, group works, paperpresentations and thorough discussions, etc, depending on thelevel of the relevance of the lesson to the specific traineecategory and the time you have. You may also consider workingthrough the four main topical issues (Areas of ChildDevelopment, Stages of the Development, Needs for ProperDevelopment, and the Implications to the Police) separately. Youmay also deal with the first two together and the second twoseparately - three lessons in total; or just two lesson where thefirst and second dealt with merged to one, the second dealt withseparately and the implications to police addressed as an integralpart of the above two. In such cases you may need to reorganizethe lessons accordingly. Please note that discussion points 7 to10 target specifically on the Needs for Proper Development.

In cases where the trainees have been made to do the aboveactivities in separation, it becomes important to have a commonsession where every body's views are entertained, shared andreviewed.

During the common session you need to give sufficientexplanation about the forms and stages of child development


Lesson 2and common characteristics of children at different age ranges;clarify and reach on consensus as to why it is important to treatchildren of different ages differently, and even those in the sameage too; encourage a general discussion on the implications ofthe common characteristics of children at different age levels tothe police; etc

Finally, do recap of the key learning points and check the extentto which the objectives of the lesson are achieved. For thispurpose you may consider requesting the participants to explainthe key learning points in their own statements, consider thetrainees' performance on the individual/group works anddiscussions, or give a test covering all of the lesson objectivesoutlined above.


2.1 Areas of Child Development

There are different ways in which children grow and show difference and changes in theirearly development processes. These are commonly categorised into four and known asphysical, cognitive, emotional and moral development.

� Physical Development:

Physical development relates to the bodily changes and developments of a child. Thedevelopment includes the child growing bigger and experiences changes in the body dueto the development of the internal and external sex organs and associated secondarysexual characteristics’ (e.g. facial hair and deeper voice for boys, development of breastsand menstruation for girls).

� Cognitive Development:

Cognitive development relates to what a person or a child knows and understands. Itrefers to the mental process of knowing, thinking, remembering, reasoning,understanding, problem solving, evaluating and using judgment. It is in contrast toemotional processes. As children get older, their ability in all of these areas increases.

� Emotional Development:

Emotional development relates to changes and improvement in feeling - emotional stateof conditions. As a child gets older, he/she gains increasing control over his/heremotions. This is possible because of the process of learning through social interactionsabout what is considered ‘appropriate’ emotional behavior in different circumstances.

�Moral Development:

Moral development relates to knowledge about what is right and wrong. Normally, a child'sunderstanding of what is right and wrong increases as she/he gets older. However, thespeed and level of the change and development depends very much on what environmenthe/she is in and who his/her role models are. It should be noted that, there is a differencebetween ‘cognitive’ and ‘moral’ reasoning and judgment. For example, a child might‘understand’ in a cognitive way, that stealing is ‘against the rules’ because he/she has beentold so, but he/she may not ‘understand’ that it is ‘wrong’ in a moral sense.

2.2 Major Stages in Child Development

Each child grows and develops at his or her own pace. Children display developmentallandmarks at different times. They pass through various changes in their journey toadulthood. Maturity occurs as each child progresses from one stage to the next. The childbecomes an adult when he/she is able to care for him/herself without the support of adults.

There are five basic stages of development from birth to adolescence. The characteristicsof children at these stages of development are summarized below.

� Infancy and Toddlerhood:

This is the period of babyhood which covers the period from birth to 3 years. It is a period ofrapid changes in all aspects of development. The major developments during this stage aregrowth of the brain in complexity; high sensitivity to environmental influences; rapidphysical growth and motor (muscular activity and flexibility) development; anddevelopment of comprehension and use of language.

The most noticeable changes/development of this period is the rapid physicaldevelopment. Most babies double their birth weight in five months and triple theirweight in one year. At the age of one normal average babies start to walk. On average ababy is about 85 cm by the end of the second year.

At the end of this period, their intellectual development has reached the stage ofexpressing themselves through inquisitive play. Through this type of play, evidences canbe gathered from a baby who has experienced abuses, which may not be possibleotherwise. For police to deal with a child of this age it is a must to get a professionalpsychologist's assistance.

� Early Childhood:

This is the preschool period that covers from 3 to 6 years of age. The major changesduring this stage are steady physical growth; improvement of growth and fine motorskills; development of handedness; development of egocentric thinking; improvement ofmemory and language; development of gender identity; development of imaginative,elaborative and social play; manifestation of aggression, altruism, and fearfulness;diminishing of appetite.



Lesson 2

Preschool children can express themselves by the use of language. Although they havecome to know many concepts, they can not express accurately all feelings. They also canexpress one self more through drawings. At this age they like to imitate adults.

�Middle Childhood:

Covers the time from the age of 6 to 11 years. The major developments during this stage areslow physical growth; improvement of strength and athletic skills; development of concretelogical thinking; development of strong relationship with peers; diminishing of egocentricthinking; improvement of memory and language; and involvement in formal schooling.

The child of 5 is happy and restless. He/she can play with other children without muchdisagreement. He/she gets pleasure by exploring his own sex and that of the opposite,listening to stories and the like.

A six-year old child likes to talk much. He/she likes to form friendship with one child.When he/she plays, he/she always wants to be a winner and a leader. He/she hasreached at the stage of identifying what is a secret and what is not. He/she likes to formcloser relationship with other children, his/her parents and teachers. He/she getspleasure by setting his/her own standards and being up to them, listening to stories oraccomplishing his/her assignment.

The child of seven-years-old begins to establish the first “love affairs”. He/she distanceshim/her self from the mother and starts to tell secrets into ears.

The eight-year-old child can “critically” evaluate his/her work and that of others.He/she can set rules for games and understands the existence of alternatives to solveproblems. They like money, may be exposed to abuses through monetary bribes. It isalso the optimum age for learning skills.

� Pubescent Child:

The period from the age of 10-13 years, in most cases, is called the pubescent (reachingor attaining puberty) period. This period is the period of reality. During this periodchildren form friendships with their own sex. It is the period during which children arehighly involved in physical activities and practice hobbies.

While the preschool period is the period of fantasy, the pubescent period is the periodof reality. It is the period when the child is filled with wonders about natural creations.

The most remarkable characteristics of the children of this period is that boys and girlsdo not mix with each other in classes, playing yards, or other situations. Communicationbetween boys and girls is cut down to a trickle.

The following are most common characters of boy children of this period:

- Boastful and wants to be popular at all costs; - Gang formation and membership;



Lesson 2

- Secret keeping and communicating with secret language;- Physical activity is high and serves as a means of communication; - Talk loud; prefer gaudy decorations and clothes, and loud music;- Anything, which could indicate refinement and peace, is disregarded with

contempt by adults as being girlish; - Prefer to be with striking distance with the old;- Practicing hobbies; - Gets sexual experience in the form of fondling with a member of his own sex.

Not all girls of this period have the same experience. On one hand there are girls whoare as robust and impulsive as boys, while on the other hand there are girls who arequieter and more feminine.

The Following are some of the most common characteristics of girl children of thisperiod:

- Usually gets pleasure by swapping secret and giggling together with her friends;- Cannot bear boys;- Create their own subcultures, which have little to do with the adult’s life;- Are loyal to their schools, families and friends;- Considerate in managing small children without creating any psychological trauma;

This calm period lasts with the beginning of the period of puberty, which, on thecontrary, is a period of storm and stress.

� Puberty/Adolescence:

Puberty/adolescence is the period of transition from childhood to adulthood, covers thetime between 12 to about 18/20 years of age in general. It is characterized by dramaticchanges in all aspects of development (physical, social, emotional and intellectual). Thesechanges take place simultaneously and influence one another.

The major developments during this stage include: profound physical growth and otherbodily changes; growth of reproductive maturity; development of ability to thinkabstractly and use of scientific reasoning; development of search for identity; andpreparation for college or vocation. During this period children face more exposure tohealth risks like eating disorders, drug abuse, and sexually transmitted diseases.

In girls, the beginning of puberty is heralded by the first menstruation and in boys bythe first nocturnal emissions. Although girls reach puberty earlier than boys, on theaverage, it occurs between the ages 12-15 years. Nevertheless, there is wide variation inthe occurrence of puberty from individual to individual.

The most dramatic change during puberty is physical change. Both boys and girls showaccelerated increase in height and weight. Primary sex characteristics (the attainment



Lesson 2

of the ability for reproduction) and secondary characteristics (appearances of bodilyfeatures that distinguish male from female) develop. There is change in appearance inboth boys and girls.

When intellectual development shifts from perceptual to conceptual level both boys andgirls attain abstract thinking such as logical reasoning in the absence of concretesituations, formation of hypothesis, imagination of unreal world, formation of beliefsand the use of induction and deductions.

With regard to the emotional development boys and girls are highly sensitive of theirphysical appearances because they are constantly exposed to the glance of others. Bothboys and girls are highly emotional with frequent outbursts of temper, depression andshyness. They are in a turmoil which may be referred to as storm and stress in theireffort to accommodate the new world. Their feelings are unstable and they try out beingrebellious, studious, or detached as they attempt to resolve questions about sexuality,self-worth and independence.

The puberty boys and girls are not a child or an adult. They face problems of beingaccepted by parents and adults. Adults do not accept their opinions because theyconsider them as children. It is the time when relationships with the opposite sex starts.

During puberty many girls do need to be consulted /provided with support ofpreparation by her parents/elder sisters, etc/ in order to accept the fact that they arepotential mothers.

At this stage, children start to involve in sexual matters. In some cases sexual deviationmay occur. Thus sex education is needed to help them know about themselves and toprevent them from the dangers of sexual deviation. During adolescence the youth attainsadult like sexual maturity and sexual relations.

By the time they are twenty-one they have resolved the identity crisis in a way that isconsistent with their self-concept. They are ready to enter the adulthood with self-confidence.

2.3 Needs for the Proper Development of a Child

How to grow by resolving conflict?Each stage is characterised by a different conflict that must be resolved by the individual.The conflicts arise when the environment makes new demands on people. The personis faced with two choices of coping with each crisis: an adaptive, or maladaptive way.Only when each crisis is resolved, which involves a change in the personality, does theperson have sufficient strength to deal with the next stages of development. If a personis unable to resolve a conflict at a particular stage, he/she will confront and strugglewith it later in life.



Lesson 2

Resolving these conflicts is of prime importance to those who care for children and areresponsible for interactions where children are involved. It is important to see, appreciateand to understand characteristics of childhood development in relationship tocharacteristics of the social/cultural environment because this contributes to the well-being and fulfilment of individuals who are vulnerable to social and culturalresponsibilities.

What do they need?For a child to develop well, there is a need for a trusting, caring and stable environment.Any disruption of the environment will affect the child's development. Childrenparticularly need stable relationships with their primary care givers (usually their parents).

Moreover, all children have basic physiological, social and emotional needs, which mustbe met to ensure healthy development. Some needs are shared in common with adults,but others are specific to particular ages and stages during childhood. For example, veryyoung children have a particular need for consistent, secure patterns of care andnurturance, though these needs can be adequately met through a wide range of familyand care systems. With regard to the physical and cognitive development, children needto be provided with proper level of feeding/nutrition, care, protection, stimulation,education, etc. Having supportive family, love, protection from neglect and emotionalabuse are preconditions for better emotional development. Regarding proper moraldevelopment, children need positive role models, positive and consistent discipline inloving context, (e.g. telling what is right, wrong, good, bad; praising good behaviour andexplaining bad behaviours why they are so; etc). Lack of such conditions leads childrento abnormal development. If a child doesn't grow in a kind of loving and supportiveenvironment, for instance, his/her emotional and moral development will be lessadvanced than the others who have better opportunities.

Who has the influence on their growth?Children are dependent on their environment and adults for their development. A child'sdevelopment is influenced by many factors - people in his immediate social setting, thefamily, the larger or more remote social systems such as the school, the community etc.The way other people, especially, adults treat them and the surrounding they live indetermines their total personality significantly.

Implications of the manner they were brought upThe more difficulties a child has to encounter during their development, the more riskthere is for the child to develop a negative identity in the present and in the future. Forinstance children who encounter neglect or exploitation, or who have been exposed toviolence and abuse may not develop a proper level of self-esteem, tolerance, competence,positive problem solving skills. They are also more likely to be exposed to developattitudes and behaviours that could lead them to commit crime and possibly be moreprone to further abuse and/or exploitation.



Lesson 2

2.4 The Role of Police in the Development Process

Have proper understanding:Police officers, when they encounter children should always bear in mind that childrenat different age levels have different characters and needs; there are different reasons forwhat they are doing and how they are behaving; it is not them who are basicallyresponsible for what they are doing and how they are behaving; and should be treatedaccordingly.

Treat each in accordance to his/her state of conditionObviously children at different ages need different approaches to be treated. Especiallywhen the range of the difference is large, for example, 7 and 17.. Generally, the youngerthe child, regardless of her/his background, the less she/he will be able to understandthings.

In addition to the differences related to age, children from different background mayneed different treatment approaches from police. Children, who have not been giventhe necessary support for their proper development, are more likely to experience unevenor unbalanced development in all aspects of the development. Accordingly, a child whoseems to be physically well developed might have very low moral and emotionaldevelopment.

Generally, children do not have the same conception of things with adults. Especially,younger children and those who have experienced uneven development may be less ableto understand the implications of what they have done - the impacts on the others andramifications on themselves; and less able to understand:-

- the difference between what is right and what is wrong; - the rights and obligations of themselves and others; - social and legal responsibilities, customs/values and processes; etc - technical and/or complex languages; etc

Thus, police should treat every child in a way which is appropriate to the child'sdevelopmental age (level of cognition as well as moral and emotional state), not justhow old she/he looks. The following are some governing principles, for police, toconsider in dealing with child matters:

- be patient - understand their background and current state of conditions - choices they have

had and have; - use child friendly approaches and languages,- understand differences and treat them accordingly;



Lesson 2

Have a positive influence in their development:

The international human rights standards as well as the UN convention on the Theinternational human rights standards as well as the UN convention on the Rights of theChild declare that a child has the right to be provided with the needs to his/her survivaland development. The responsibility to do so goes dawn from the level of state partiesto individual families. Thus, resulting an unbalanced development in a child or impairinga child's development by not being able to provide the needs for his/her properdevelopment is a violation of one of the most fundamental rights of the child. Thistherefore, becomes a relevant issue for police to deal with, for the police have the dutyto protect children from violence and harm. Accordingly, police should intervene incases where children are being violated of these basic needs.

Moreover be a positive influence in their life - - be a good role model, - help children to expand the choices available to them at difficult times, - make the best out of their difficult circumstances, - in case of conflict with the law help, them learn from their mistakes and take

responsibility for their actions;

Children meeting with police may often be in difficult circumstances - risks or crisis. Butpolice have the opportunity to change the risk/crisis to opportunity, to positivelyinfluence the life of the child who is in crisis, stop the negative cycle that the child isinvolved in. E.g., if the child is living in a negatively affecting environment intervenewith that.


POLICE TRAINING MANUAL ON CHILD PROTECTION

Lesson 2

20

NB: These and more of

related principles are dealt

with in more detail in

module four (lesson Two).


Lesson 2

All children pass through various changes in their journey to adulthood. As they changeand grow up, children show various physical and behavioural differences.Corresponding to these aspects of development, children have basic physical, mental,social, and emotional needs which must be met to ensure their healthy development.

Knowledge of child development is important to understand how children change fromtime to time and to assist them by fostering their fundamental needs that are closelyrelated with the changes. Especially for police officers, such knowledge is very helpfulas it helps them to understand the common characteristics of children at different agelevels and corresponding approaches to deal with them properly.

According to the theories of psychological development, children develop by solvingconflicts or problems at each stage. The resolution of conflicts successfully leads to asafe and healthier personality development. In contrast, failure to resolve the conflictsat each stage leads to unhealthy personality development. With regard to the physicaland cognitive development, children need to be provided with proper level of feeding,care, treatment, education, etc. They also have more physiological, emotional and moralneeds. If their needs are not adequately met, young children’s development may beimpaired and this may have immediate and long-term impact. Accordingly, childrenhave fundamental rights for survival, development, protection and participation indecisions that affect their development.

Children can be especially vulnerable because of their immaturityand dependence.

In the process of development, all children pass through a series ofstages of growth.

The major aspects of development are physical, cognitive, andpsychosocial.

Stages of development are linked with specific characteristics andneeds of children.

Care, treatment and protection services that are congruent withthe specific characteristics and needs of a child on different levelsof development are imperative for the proper, whole roundeddevelopment of the child.

A child's development is influenced by many factors in his/herspecific circumstances

Police can and should have significant influence for the properdevelopment of a child.

Summaryand

Key Learning Points


Module 2

CHILD RIGHTS

Module

2

Children have general rights, as any human being has, and more specificrights based on their special conditions. Human rights belong to all peopleregardless of their age, sex, race, religion, etc. But children, because of theirspecial status, i.e., vulnerability, role in building future of a society,dependence on or need for extra protection and guidance from adults, havesome special rights of their own. These are called the 'Children's Rights'.

It is important, for all those who deal with children matters, to have anunderstanding of such general and specific rights of children. This is anextremely crucial requirement, especially for members and leaders of lawenforcement institutions. If they lack such understanding, they willdefinitely be doing at least one of the following shortcomings: fail toenforce the rights of children or infringe the rights themselves. This meansthat they are greatly failing to perform their purpose.

The purpose of this module is to develop such understanding of the specialrights of children, which is specifically relevant for law enforcementpersonnel. Indeed the module will not totally deal with the subject of therights of the child as such, but will be limited to explaining the principalinternational and national legal standards concerning the rights of the childin areas that are relevant to the works of the police. Thus, this module willnot attempt to engage in detailed discussion of all the rights of the child.It rather deals with the rights of the child in the administration of justice,which the child may come in contact with either as a victim or an offenderof the law, and with specific situations where a child is a victim of abusesand exploitations.

After working through the lessons addressed in the module the attendants will be fully cognizant of the specific rights of children who come intocontact with the justice system as well as the corresponding responsibilitiesof the police officers. It is also believed that he/she will be able to realizewhat is expected from him/her personally.

CHILD RIGHTSModule 2

Introduction




Content Structure

The content of the module is organized in to two different sections, where the general legalinstruments and provisions they contain and the specific legal provisions concerning thejuvenile justice process are addressed separately.

General legal instruments' are those conventions, declarations, and laws available atinternational, regional, and national levels concerning child rights. 'Specific provisions' referto those claimed and barred rights of children as specifically listed and declared in variousrelevant instruments. They are of concern to the law enforcement agencies and theirmembers. These include, for instance, the right to freedom from torture and degradingtreatment; the right to liberty; the right to be protected from abuse and exploitation; and theright to have special procedural safeguards in the justice process.

Lesson One: Introduction to Legal Instruments of Child Rights

1.1 Overview of the Child Rights Instruments1.2 The UN Convention on the Rights of the Child1.3 Other International Instruments1.4 Regional Instruments1.5 National Instruments

Lesson Two: The Rights of Children with Specific Relevance to Police

2.1 The Right to be Protected from Arbitrary Treatment2.2 The Right to be Protected from Abuse and Exploitation2.3 The Right to be Provided with Special Justice administration Procedures


All rights of children are relevant to be known by all those who deal with child matters.Those aspects of child rights concerning their protection from criminal abuses and justiceissues are imperative to be known and respected by all members of the police. Therefore,the entire contents of this module are relevant to be considered in all kinds of police trainingprograms, though, the priority and depth of coverage may vary depending on the specificresponsibilities of the attendants of the given program.

Generally, in cases of basic police education and training programs, it is suggested to focuson the first part while the lessons in the second part are more emphasized in cases of

24



specialized courses. In cases where the specific trainees are not going to take the secondlesson, it needs to be sure that the key learning points from that part of the lesson areaddressed while dealing with the first lesson.

Considering the specific rights separately, the right to be free from torture and similardegrading inhuman treatments, the right to be protected from unlawful deprivation ofliberty, and the right to be protected from any form of abuse and exploitation is equallyrelevant to all police officers. The issues relating to special procedural safeguards, however,can take precedence in cases of specialized training to police officers who are going to dealspecifically with child related matters. For instance, for Child Protection Unit or Juvenile Unitstaffs, investigators, trainers, juvenile correction/rehabilitation center staff, etc. In cases ofleadership development programs, the obligation to establish specialized justiceadministration systems may take priority.

25


Lesson 1

Introduction to LegalInstruments of Chid Rights


There are many kinds of international, regional, and national legalinstruments that ensure the rights of children. The instruments includelaws, standards and guidelines, and are to be implemented by governmentsand individuals working in criminal justice systems, including police.

Before proceeding to the discussion on the specific rights of the child, it isimportant that a brief introduction regarding the relevant international,regional and national legal instruments be made. Familiarizing the traineeswith these instruments, especially with the contents of the UN Conventionon the Rights of the Child (CRC), is essential, as reference to them wouldfrequently be done throughout the module.

The most important ones of these instruments, to be known by a policeofficer, are briefly described bellow. More detailed and specific reference ismade to the contents of these instruments during the discussions in thesecond part of this module as well as the forthcoming modules on policefunctions, where specific provisions corresponding to various practicalduties and responsibilities of the police are referred back from allcontaining instruments. A table that summarizes the relevant contents ofall the instruments and help as a quick reference is annexed at the end ofthe Module.

Introduction

27


Lesson1


Learning Outcomes

The major objectives of the lessons in this section are to make the trainees aware about thekinds of relevant instruments and the provisions they contain, and to encourage them tomake further reference to the materials. Having worked-out through the lessons, theattendants should be able to:

1) Identify the relevant international, regional and national instruments;

2) Outline the major contents of the relevant legal instruments and explain the scopeof their application;

3) Clarify the nature of relationship among different instruments;

4) List and describe the universal rights of children;

5) Explain the implications of each specific universal right of a child to the police ingeneral and to him/herself in specific;

6) Make correct reference of the instruments - know when to refer to whichinstrument and to which article.

Lesson Structure

The process of the lesson starts by giving brief overview of all the relevant documents andcontinues to the detailed discussion of the contents and application of the most relevantinstruments. Relevant international instruments are dealt with before going to nationalinstruments as they represent universal declarations. CRC is most emphasized from suchinternational instruments.

A reference is made to these regional and international legal instruments not merely becausethey espouse the general principles on the rights of the child, but, more importantly, becausethey are part of the law of land. According to article 9 of the Constitution of the FederalDemocratic Republic of Ethiopia, any international instrument that is ratified by Ethiopiashall be considered as part of the law of the land. This, among others, means that thoseinternational and regional legal instruments that are ratified by Ethiopia can be consideredas any other domestic law. It should be noted that most of the instruments outlined aboveare signed and ratified by Ethiopia

After discussion on the relevant international instruments, the discussion on the relevantnational laws follows. The examination of the national laws begins from the Constitutionand extends to the codes, proclamations and other relevant laws. The most relevant laws,other than the Constitution, are the Penal Code and the Criminal Procedure Code. Oneshall thus find a reference to these codes now and then throughout the module.

28



Please note that you need to get copies of each document foryourself and the participants. Apparently you should also be familiarwith the contents of the documents beforehand.

Options to be considered for the delivery of the lessons will varydepending on the specific circumstances of the trainee group.Lecture, classroom exercise and discussions may be good in caseswhere the participants have sufficient prior knowledge; are going todeal with the second part of module; there is shortage of time; thelesson is not a priority, etc.

In other cases, it may become important to follow a thoroughprocess involving works to the participants. In such cases, you needto provide the trainees with copies of all instruments and consideractivities that encourage the participants to review the contents ofthe instruments in more detail and thoroughly. You may, forinstances, set activities that help them to:-

- Identify and describe the provisions concerning children(directly or indirectly)

- Discuss the scope of the application of each majorprovision as well as the implications to police;

Discuss the relationship among different instruments - congruence,difference, conflicts, strength and gaps (which is better in whataspect by doing comparative review of the contents of variousinstruments. For instance, international versus regional, and nationalinstruments; CRC versus ACRWC; CRC versus nationalinstruments).

- You may also prefer to deal with each theme as a separatelesson. In such cases you can consider the hints given undereach theme below or you may develop you own approach.

In completion of the entire lessons in the section you may wrap-upby readdressing the major issues based on the key learning points.To check the level of achievement with regard to the expectedlearning outcomes, you may consider analysis of the trainees workduring the learning process, for instance to what extent and level ofprecision the participants have done the activities; and/or preparingwritten test corresponding to the specified learning outcomes.

Hint to the Trainer

Lesson1

29

1.1 Overview of the Child Rights Instruments

There are many laws, standards, and guidelines developed at international, regional andnational levels that assist institutions in criminal justice system in dealing with children whocome into the system. These instruments are outlined in the following table.


Lesson1

Domain Child Specific Instruments None-Child Specific Instruments

International

UN Convention on the Rights of a Child:CRC (1989)

International Covenant on Civil and Politicalrights: ICCPR (1966)

UN Guideline on prevention of JuvenileDelinquency: the 'Riyadh Guidelines' (1990)

International Covenant on Economic, Social andCultural Rights

UN Minimum rules for the Administration ofJuvenile Justice: the Beijing Rules' (1985)

International Convention on the Elimination ofall forms of Racial Discrimination: CERD (1966)

UN Rules for Protection of JuvenilesDeprived of their Liberty: the 'JDL's' (1990)

UN Convention against Torture and other Cruel,Inhuman or Degrading treatment of Punishment:CAT (1984)

UN Resolution 1997/30 - Administration ofJuvenile Justice: the 'Vienna Guidelines' (1997)

Un Convention on the Elimination of all formsDiscrimination Against Women: CEDAW (1979)

The general comments of the UN Committeeon the rights of the child1

UN Standard Minimum Rules for the Treatmentof Prisoners: (1995)

UN Minimum Rules for Non-CustodialMeasures: the Tokyo Rules (1990)

UN Code of Conduct for Law EnforcementOfficials

UN Basic Principles on the Use of Force andFirearms by Law Enforcement Officials (1990)

RegionalAfrican Charter on the Rights and Welfare ofthe Child: ACRWC (1990)

African Charter on Human and People's Rights:'Banjul Charter' (1981)

National

The FDRE Constitution (1993)

The Revised Penal Code of FDRE

The Criminal Procedure Code

The Federal as well Regional State's Family Laws

Other varied laws of the Federal as well RegionalStates

1 An organ that has the authority to give authoritative interpretation of the Convention,

Adapted from the Police Training Manual on Child Rights and Child Protection, by Marie Wemham and Consortium for Street Children.


As it can be seen from the table, some of these instruments are specific to children whileothers are not, although they are useful in dealing with cases of children. Similarly, some ofthe international regional instruments, the shaded ones on the table, are binding on thestates that have ratified them. As FDRE has ratified the UN Convention, those instrumentsare all binding to Ethiopia.

The remaining, non-shaded, guidelines and rules are not binding international laws. Butthey still hold the authority of the UN and can be used to support the legally binding onesby providing more detailed information and guidance. They also represent the best possiblestandards which could be considered in a modern professional policing system.

1.2 The United Nations Convention on the Rights of the Child

The Convention on the Rights of the Child (CRC) is the most comprehensive instrumenton the subject encompassing recognition of civil, cultural, economic, political and socialrights, and of special protections specifically required for children. It highlights thevulnerability of children in a separate document and serves to further educate citizens andpoliticians on children’s rights.

The Convention has developed into an essential worldwide legal tool for the enhancementof the rights of the child, and is the most comprehensive international legally bindingdocument that exclusively focuses on the specific needs and interests of the child. It hasbeen ratified2 by more nations than any other human rights treaty. Currently, it is legallybinding in all countries of the world except USA and Somalia. It is then more powerful andmore widely applicable than other instruments.


Lesson1

2 Ratification of the Convention entails on the ratifying state the duty to be bound to observe its provisionsand become answerable to the international community if it fails to comply with it.

Hint to the Trainer

After you have briefly introduced theinstruments and their general contents,make the trainees complete the table inAnnex 1. You may leave the table either fullyempty except for the heading columns orrights/provisions (the rows in the left sidecolumn) are filled and all the remaining areleft blank to be completed by theparticipants. Through this processes you canhelp them better digest the contents of theinstruments.




Lesson1

Hint to the Trainer

This should be thoroughly dealt with by all types of trainees andpolice training programs unless and otherwise the participantshave already taken training on the same topic before.

First give brief introductory lecture on the background,purposes, general contents, special features, and relevance of theinstrument as well as the content structure.

Then after, distribute copies of the document to participantsand request them to do the following:

1) Identify the articles and describe the provisions related tocriminal justice system in general as well as to police inspecific. In doing so, you may consider one of thefollowing alternative approaches (a) leave them to readthrough the document and derive a summary of eacharticle themselves or (b) use /distribute/ the summary listof the CRC attached as Annex 2.

2) Explain why each provision is relevant/important.Encourage them to relate the rights with basic needs ofchildren that justify the right.

3) Discuss the implications of each to the police - what doesit means to the police, and what is expected from thepolice accordingly.

4) Discuss the implications of each to the trainee group inspecific - what does it means to the group as well as toeach participant considering the specific role he/se or hiswork unit has.

Finally, conduct facilitated discussion, where you do all thenecessary inputs: clarifications, corrections, summary learningpoints, etc. Please, focus on the cardinal principles andprovisions described below.

32

3 Ratification of the Convention entails on the ratifying state the duty to be bound to observe its provisionsand become accountable to the international community if it fails to comply with it.


Lesson1


1.2.1 Background

The first major attempt to come up/ adopt specific laws that guarantee the rights of childrenwas made in 1924 when the League of Nations adopted the Declaration of the rights of the Child.The person responsible for the initiation of this instrument was Eglantyne Jebb, the founderof Save the Children UK. Driven by her experience during the First World War, she arguedthat children as well as adults have inherent rights and that governments have a duty toassume some responsibility for the protection of those rights. She lobbied to change thetraditional approach to children’s welfare and protection from one that based on charity toone that based on law. The Declaration of the rights of the child, being a mere declaration,is essentially an aspiration document with no binding force. But it must be rememberedthat it is the first formal international recognition of the vulnerable legal status of the world’schildren and speaks clearly of the duty of the world community to provide “the best it hasto give” for the children.

Another specific document that addresses numerous childrelated problems was adoptedin 1959. This document, which carries the same title as the previous one (i.e. Declarationof the rights of the child) includes protection against neglect, prohibition against anyemployment that interferes with a child’s education, health and development and the rightsto special treatment and education for children with physical and mental disabilities. It isinteresting to note that this document speaks of the government’s duty to protect children,rather than stating that children have individual rights. More importantly, this documentsuffers from the same problem as the previous one as it never had the force of law. Theeffort to adopt a legally binding instrument, thus, continued.

The next move to adopt a binding legal instrument came in 1978 when Poland proposedto put into a treaty form the earlier non-binding United Nations Declaration of the Rightsof the Child. The UN Commission on Human rights responded to Poland’s proposal byestablishing a working group who had finally came up with a more complex and distinctdocument consisting of forty-one substantive articles. This document, which is nowrecognized as the Convention on the rights of the child, was then adopted unanimously bythe United Nations General Assembly on 20 November 1989 and entered into force on 2September 1990.

The Convention on the Rights of the Child (CRC) is often rightly considered as the basicdocument. It is the most comprehensive instrument on this subject, encompassingrecognition of civil, cultural, economic, political and social rights, and of special protectionsspecifically required for children. It highlights the vulnerability of children in a separatedocument and serves to further educate citizens and politicians on children’s rights. It isratified by 191 countries. It has been ratified3 by more nations than any other human rightstreaty and thus represents a significant tool for promoting the rights of the child.

33


Lesson1


1.2.2 Cardinal Principles and Provisions

The CRC has many articles and there are lots of rights with relevant implications to thepolice and, thus, they are to be remembered and reviewed frequently. The five cardinalprinciples are, however, identified as the cornerstone for applying the Convention. These areconsidered as umbrella rights which cut across the others.

1) The principle of Non-discrimination:

(Art. 2): State parties are obliged to apply the rights stated on the Convention to eachchild without discrimination of any kind. Interestingly, the Convention protects childrenfrom discrimination not only on the basis of their own circumstances (i.e. race, color,sex, language, religion…etc), but also on the basis of circumstances of their parents,legal guardians, or other members of their families;

2) The principle of the best interests of the child:

(Art. 3): In all actions concerning children undertaken by public or private bodies, thebest interest of the child shall be a primary consideration. This, however, doe not meanthat the best interest of the child will always be the single, overriding factor to beconsidered. It is acknowledged that there may be other competing interests. The pointis that the child’s interests must be the subject of active consideration and it needs tobe demonstrated that children’s interests have been explored and taken into account asa primary consideration.

3) Children’s rights to life, survival and development:

(Art. 6): State parties are under the obligation to ensure to the maximum extent possiblethe survival and development of children and have to take positive measures in orderto achieve this for children within their jurisdiction. The Convention emphasizes notonly the right of children not to be arbitrarily deprived of life, but also to a life whichensures their full physical, mental, spiritual, moral and social development.

4) Children’s rights to be heard:

(Art. 12): The Convention has consistently promoted children’s participatory rights andemphasized the duty of state parties to guarantee their effective enjoyment of thefundamental freedoms including those of opinion, expression and association.Accordingly, children should be able to express their opinions freely, and those opinionsshould be listened to and given due weight, in accordance with the age and maturity ofthe child, in all matters affecting them.

5) State's duty to implement all the rights:

(Art. 4): The convention puts obligations on governments for the implementation ofthe rights. It states that governments have a duty to ensure the implementation of allthe rights in the CRC including economic, social and cultural rights. Thus, a state must

34


Lesson1


do all it can to implement the rights contained in the convention using the maximumextent of resources available.

The Convention, in addition to these key principles, provides for a long list of human rightswhich state parties are obliged to take measures to protect children's interests. What followsis a brief description of some of these provisions of the Convention.

a) Civil rights and freedoms are guaranteed by the Convention. This includes the rightto freedom of expression, thought and association. It also extends to the right not tobe subjected to torture and the protection of children from physical or mental harmand neglect; (Art.7, 8, 13-16 and 37)

b) The Convention requires that special consideration be accorded to children in conflictwith the law, refugee children, those caught up in armed conflicts, children deprivedof their liberty and children suffering economic, sexual or other exploitation. (Art 22,23 and 32-40)

c) The right to health and security is also recognized by the Convention. The spectrumof rights in this area includes basic health and welfare, including the rights of disabledchildren, social security, child care services and an adequate standard of living.(Art,18, 24, 26 and 27);

d) The right to education, leisure and cultural activities are also given due recognition.(Art 28-31)

e) The Convention also addresses issues related to family environment and alternativecare. In this regard, it recognizes the right to live with parents, to be reunited withparents if separated from them and the provision of appropriate alternative carewhen necessary. (Art 18, 24, 26, and 27);

f) Protection from economic exploitation and all forms of sexual abuse and exploitationis also guaranteed as a right by the Convention.

g) Other CRC articles relevant to street children and juvenile justice, including aspectsof prevention are Articles 3.3, 9, 13-20, 23-25, 27-34, 36 and 39.

35

1.3.1 International Bill of Rights

The horrific atrocities that happened during World War II have prompted the internationalcommunity to develop and enforce international human rights standards. With theestablishment of the United Nations in 1945, a number of international instruments havebeen adopted. The first of such document was the Universal Declaration of Human Rightswhich was passed by the United Nations in 1948. Although it has no legally bindingauthority, it has assumed international status as the foundation document of a bill ofinternational human rights. It provides for a wide spectrum of rights. These rights areconsidered to include coverage for children. It, however, has also two articles that specificallyconcern children. Article 25 ensures the right to special care and assistance for children andarticle 26 declares that all individuals have a right to free education "at least in the primaryand fundamental stages”.

1.3 Other International Instruments

The following are some other useful international instruments which support the CRCand/or give detail standards and guidelines on the implementation of the CRC declarations


Lesson1

Hint to the Trainer

AfThe purpose here is to help the trainees beaware of the types and contents of theinstruments, and in what manner theinstruments could help them in dealing withpractical problems, cases, and/or issuesrelated to child rights and child protection.

You may simply give brief lecture or canencourage the participants to do activities.The focus of the discussion and/or activitiesshould be on the following aspects of eachinstrument: purpose, focus, scope/coverage,specific rights or issues it deals with,relationship to the CRC as well as one to theother, areas of application, relevance of theissues addressed, when to use them and howto use them, etc.


The two other international human rights instrument, which together with the UDHRconstitute the international bill of human rights, are the International Covenant on Civil andPolitical rights and the International Covenant of Economic, Social and Cultural rights (ICESCR).Both covenants include articles that either explicitly or implicitly provide protection forchildren. The rights to education, due process and rehabilitation in Juvenile courtproceedings, and freedom from the death penalty are a few of them. The ICESCRspecifically mentions children in Article 10 and 12. Article 10 acknowledges the family as thefundamental unit of society that is owed protection and assistance and article 12 addressesthe rights of all people to the highest attainable standard of physical and mental healthincluding a focus on the healthy development of the child. The ICESR specifically addressesthe rights of the child in four articles: 6, 10, 14 and 24. Articles 6, 10 and 14 include juvenilejustice safeguards and articles 24 address the right of non-discrimination and the right ofevery child to be registered and to acquire nationality.

1.3.2 UN Guidelines for the Prevention of Juvenile Delinquency

The Riyadh Guidelines represent a comprehensive and proactive approach to prevention andsocial reintegration, detailing social and economic strategies that involve almost every socialarea: family, school and community, the media, social policy, legislation and juvenile justiceadministration. Prevention is seen not merely as a matter of tacking negative situations butrather as a means of positively promoting general welfare and well-being. It requires a moreproactive approach that should involve efforts by the entire society to ensure the harmoniousdevelopment of adolescents. More particularly, countries are recommended to developcommunity-based interventions to assist in the prevention of children coming into conflictwith the law, and to recognize that ‘formal agencies of social control' should only be utilizedas a means of last resort. General prevention consists of ‘comprehensive prevention plansat every governmental level’ and should include: mechanisms for the co-ordination ofefforts between governmental and non-governmental agencies, continuous monitoring andevaluation; community involvement through a wide range of services and programmes:interdisciplinary co-operation; and youth participation in prevention policies and processes.The Riyadh Guidelines also call for the decriminalization of status offences andrecommends that prevention programmes should give priority to children, who are at riskof being abandoned, neglected, exploited and abused.

1.3.4 UN Rules for the Protection of Juveniles Deprived of their Liberty

This very detailed instrument sets out standards applicable when a child is confined to anyinstitution or facility (whether this be penal, correctional educational or protective andwhether the detention be on the grounds of conviction of or suspicion of. havingcommitted an offence, or simply because the child is deemed ‘at risk’) by order of anyjudicial, administrative or other public authority. In addition, the JDLs include principles thatuniversally define the specific circumstances under which children can be deprived of theirliberty, emphasizing that deprivation of liberty must be a last resort, for the shortest possibleperiod of time, and limited to exceptional cases. In the context where deprivation of liberty


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Hint to the Trainer

Distribute copies of the documents to theparticipants and encourage them to do thefollowing activities: (1) Identify and describethe relevant articles and provisions from bothregional instruments taking the police rolesand duties in perspective. (2) Discuss therelationship with the CRC - congruence,contradiction, gaps, additions, amendments,reductions, etc should be addressed. It is alsogood to do the same sort of relationshipanalysis between the two regional instruments.


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is unavoidable, detailed minimum standards of conditions are set out. The JDLs serve as aninternationally accepted framework intended to counteract the detrimental effects ofdeprivation of liberty by ensuring respect for the human rights of children.

1.3.5 UN Standard Minimum Rules for Non-Custodial Measures

The Rules are intended to promote greater community involvement in the management ofcriminal justice, especially in the treatment of offenders, as well as to promote a sense ofresponsibility towards society among the offenders. When implementing the Rules,governments shall Endeavour to ensure: proper balance between the rights of individualoffenders, victims and concern of society for public safety and crime prevention. In orderto provide greater flexibility consistent with the nature and gravity of the offence, with thepersonality and background of the offender and with the protection of society and to avoidunnecessary use of imprisonment, the criminal justice system should provide a wide rangeof non-custodial measures from pretrial to post sentencing dispositions. Where appropriateand compatible with the legal system, the police, the prosecution service or other agenciesdealing with criminal cases should be empowered to discharge the offender if they considerthat it is not necessary to proceed with the case for protection of society, crime preventionor promotion of the respect for the law and the rights of victims.

1.4 Regional Instruments

In addition to the international instruments discussed above, there are also regionalinstruments that provides for the rights of children. In our continent, the African Charteron Human and Peoples’ Rights and the African Charter on the Rights and Welfare of theChild are the main regional instruments that apply to the rights of the child. These regionallegal rules should also be referred to whenever relevant.

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Hint to the Trainer

The discussions and activities you may need to consider, in dealing withthis part of the lesson, should focus on helping the trainees to identifyand understand the provisions the instruments contain and tounderstand to what extent the specific provisions in the nationalinstruments confirm to the universal rules and standards at internationaland regional domains, and similarly, to what extent the provisions inother national instruments confirm to the provisions in the FDRE'sconstitution. Congruence, contradiction, gaps, additions, amendments,reductions, etc needs to be clarified.

You may, for instance, distribute copies of the documents to theparticipants and encourage them to do the following activities: (1)Identify and describe the relevant articles and provisions (2) Discuss therelationship of such provision to the provisions in the relevant regionaland international instruments, (3) Discuss the relationship among theprovisions in different national instruments, (4) Explain when eachprovision in each national document should be referred to, (5) Discusswhich provisions are specifically relevant (of prior importance) to thetrainee group in general and/or for you in specific.


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The African Charter on the Rights and Welfare of the Child (ACRWC) adopted at thetwenty-sixth ordinary sessions of the Assembly of the Head of State and Government ofthe OAU in 1990. The Charter provides for an African perspective on the concept ofchildren’s rights. Not only does it provide for the rights of children but also imposes dutieson children.

As with the CRC, the ACRWC contains a broad range of socio-economic provisions thatcan be referred to holistically, as well as the specific juvenile justice provisions of Article 17.The ACRWC serves the same purpose with the UN CRC, hence it should be considered asan adaptation of the CRC to the regional context of Africa. In many respects, the Chartersimply complements the CRC.

1.5 National Instruments

The Government of Ethiopia ratified the Convention in 1992. Since then, various effortshave been made to harmonize national laws and policies with the provisions of theConvention. The following national legislations are relevant for the discussion on the rightsof the child.

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The Constitution

In 1995, a new Constitution was adopted. The Constitution of the Federal DemocraticRepublic of Ethiopia, as it is officially referred to, has in many ways improved the legalprotection of children. The Constitution made the Convention part of the domestic law thatcan be invoked and applied before the courts as any other piece of national law.4 Anothermajor achievement was the incorporation of a specific article on the rights of the Child.Article 36 of the Constitution provides for the rights of the child as indicated below.

Rights of Children

1. Every child has the right:

a) To life;b) To a name and nationality;c) To know and be cared for by his or her parents or legal guardians;d) Not to be subject to exploitative practices, neither to be required nor

permitted to perform work which may be hazardous or harmful to his orher education, health or well-being

e) To be free of corporal punishment or cruel and inhumane treatment inschools and other institutions responsible for the care of children.

2. In all actions concerning children undertaken by public and private welfareinstitutions, courts of law, administrative authorities or legislative bodiesthe primary consideration shall be the best interests of the child.

3. Juvenile offenders admitted to corrective or rehabilitative institutions andjuveniles who become wards of the State or who are placed in public orprivate orphanages shall be kept separately from adults.

4. Children born out of wedlock shall have the same rights as children bornof wedlock.

5. The State shall accord special protection to orphans and shall encouragethe establishment of institutions, which ensure and promote theiradoption and advance their welfare, and education.


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4 According to article 9 of the Constitution any international treaty ratified by Ethiopia is considered as partof the law of the land.


The Revised Penal Code

The Revised Penal Code gives ample recognition to the special situation of the juvenileaccused. A special section of the penal law provides for rules of both substance andprocedure that are exclusively designed to deal with juvenile offender. A number of otherprovisions that concern children are found scattered in the different sections of the penallaw.

The Criminal Procedure Code

The Criminal Procedure Code also presents specific sections that have to be applied in casesconcerning young persons. In a specific chapter, the Code attempts to provide acomprehensive and self – contained guide covering criminal procedure from the first stagesto the last.

The Family Law

The Revised Family Code has a number of articles which relate to the rights of children.This law that was proclaimed in 2000, contains many provisions which attempt to ensurethat a child is not let without a guardian and a tutor as well as laying a duty on guardians andtutors to ensure the safety and welfare of the child’s physical and intellectual development.The law compels the guardian to watch over the health of the minor, to supervise the socialcontacts and education of the minor and to fix the residence of the minor. (Articles257,259,260 and 256 respectively).

Other Laws

A number of legislations are also relevant to any discussion on the rights of the child. TheVagrancy Control Proclamation, the labor proclamation and a number of otherproclamations are some of the other relevant laws that in one way or another apply to therights of children.


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Summaryand

Key Learning Points

ccChild rights are part of the universal declarations of the UN. There areinternational, regional and national legal instruments that declare such rights. TheUN Convention on Children’s Rights is the most dominant legal instrument thatcontains the universal declarations required to be considered by all signing nations.The universal declarations of children are also accommodated in the constitutionand other various laws that operate in Ethiopia.

The fundamental categories of rights of children as defined in the UNCRC include:the right to enjoy all the rights of the Convention with out discrimination of anykind; the right to respect the best interest of the child; the right to life, survival anddevelopment; and the right to express their view freely on all matters affecting them.

With the rights, there are obligations to governments to ensure that the rights arerespected. Accordingly, governments are expected to support families andcommunities to care for children; to look after children where families andcommunities are not able to do so; to protect children from abuse and exploitation;etc. Police officers are part of the government system that help the governments topromote and protect children's rights.

Children have special rights in addition to the general human rights

All governments and concerned individuals have the duty/obligationto ensure that all of the prescribed rights of the children are respected.

There are many different legal instruments which can and needs to bereferred to in regards to the rights of children.

As Ethiopia has ratified the UN Convention on the Rights of Children,we are required to consider the universal principles and rules of theconvention in full;

All rights are enjoyed by all children at all times, even if they are inconflict with the law.

Each police officer should behave and act only in accordance to theprinciples and standards prescribed in the applicable legal instruments.


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Lesson 2

Rights of Childrenwith Specific Relevance to

Police


This part of the module deals with the rights of children which arespecifically relevant to law enforcement practices in general and to thepolice in specific. Accordingly, the specific provisions that give special rightsto children, and the corresponding obligations of the concerned bodies toensure such rights, more specifically of the police are dealt with one by oneand discussed in detail. These include the rights which police institutions arespecifically responsible to protect from being infringed by others, or theythemselves need to respect while they deal with juvenile offenders.

Introduction

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Hint to the Trainer

Similar to the previous part, the discussion starts by referring to theuniversal declarations, basically the UN Convention on Children’sRights, on a given issue and extends to the description of thecontents of different national laws containing the same issue.

The methodologies that can be applied include: review of therelevant legal instruments; presentations and discussions; caseanalysis - real or synonymous cases can be developed and reviewed;project work/assignments - study of the practices through visits andobservations; reflection on the practices based on own experiences;critical evaluation of the practices against the principles andprovisions in the laws.

The activities and discussions should be able: to explain the meaning,focus, purpose, scope of the application and relevance of each majorand specific provision; clarify the meanings of the associatedterms/jargons; explain the specific rights and/or duties declared;explaining the acts declared to be claimed or barred; explain towhom and when each provision becomes more relevant and identifywho assumes what responsibilities to ensure the rights.


Lesson 2


Learning Outcomes

The major objectives of the lessons in this part are to help the participants understand therights of children which are particularly relevant to the police and their correspondingresponsibilities, and to encourage them to critically review the practices of the police inprotecting the rights. In completion of the lesson, the attendants should specifically be ableto:

1) List/state the specific rights of children and describe the scope of their applicability;

2) Identify the relevant international and national instruments corresponding to eachspecified right;

3) Identify acts that violate the rights of children;

4) Specify the procedural safeguards that are accorded to the child in the administrationof justice;

5) Explain their roles in ensuring the rights of children;

6) Identify the gaps in the contemporary practices of the police

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Hint to the Trainer

The overall aim in dealing with this part of the lesson is to help the traineesbe acquainted with the international and national legal rules concerning theright of the child to freedom from torture and from cruel, inhuman ordegrading treatment or punishment; identify the acts that constitutes aviolation of this right; and identify corresponding duties and responsibilitiesto ensure that the right is respected.

The discussions and activities you may need to consider should, accordingly,focus on clarifying the following questions. (1) Which national andinternational legal rules provide for the protection against torture and cruel,inhuman or degrading treatment or punishment? (2) Which acts areconsidered as torture and cruel, inhuman or degrading treatment? (3) Whichgroups of children or children in what situation does this provision protect?(4) Who could be a potential violator of this right? How? (5) Who withinthe police service should assume what role? (6) What specific roles are thespecific trainee group in general and/or each participant in particular areexpected to play in accordance to this right?


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2. 1 The Rights to be protected from Arbitrary Treatment

The lesson in this section constitutes two major themes or two specific rights - the right tobe free from torture and from cruel, inhuman or degrading treatment or punishment, and(2) the right to be protected from unlawful deprivation of liberty.

Both are unconditional rights of all human beings. What makes them special with childrenis the fact that the relative significance of the rights and scope of the protection is larger.As children are more vulnerable, they are more affected by the effects of violations to theserights and hence they need more serious attention in realizing the intentions.

The scope of the potential abusers also differs in cases of children and adults. In the caseof adults, the most common potential abusers are the law enforcement systems. But in thecases of children, the potential abusers of these rights may include schools and other socialsettings besides the law enforcement agencies.

Accordingly, the lessons are generally relevant to all police officers as any police officer hasthe chance to be involved in the protection as well as the abuse of such rights. Relatively,the lessons are of priority importance for those who involve in crime prevention operationswhich include patrol duties and crowd management operations as they may be inconfrontation with children who are assumed to be alleged or are potential offenders.Similarly, they are of prior importance for officers who involve in the juvenile justiceprocesses, CPU officers, others who work with other institutions that may have the potentialto violate this right like child welfare institutions, juvenile offenders correction/rehabilitationcenters, refugee camps, schools, even families, etc.

2.1.1 The Right to Freedom from Torture and from Cruel, Inhuman or

Degrading Treatment or Punishment

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Article 37 UN Conventions on Child Rights

States and Parties shall ensure that: (a) No child is subjected to torture or othercruel, inhuman or degrading treatment or punishment. Neither capital punishmentnor life imprisonment without the possibility of release shall be imposed foroffences committed by persons below eighteen years of age;


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Corresponding Legal Provisions

Article 37 of the CRC recognizes the rights of every child to be free of torture, cruel,degrading treatment and unlawful deprivation of liberty. The same rights are established byarticle 5 of the Universal Declaration of Human Rights and article 7 of the InternationalCovenant on Civil and Political Rights, the Convention against Torture and other cruel,Inhuman or degrading Treatment or Punishment and article 5 of the African Charter onHuman and Peoples’ Rights. This prohibition is absolute and cannot in any circumstancesbe derogated from. By virtue of article 37 of the Convention, these rights also apply tochildren.

The FDRE Constitution, in a number of articles, provides for the legal protection againsttorture, cruel, inhuman and degrading treatment. The basic rule is stated in Article 14, whichprovides that every person has the inalienable right to life, liberty and security of the person.Article 16 guarantees protection against bodily harm. More specifically, article 18 enshrinesthe right to protection against cruel, inhuman or degrading punishment or treatment. Theright to life is also recognized under article 15 of the Constitution.

The Meaning of Torture and Cruel, Inhuman or Degrading Treatment

The Convention Against Torture And Other Cruel, Inhuman or Degrading Treatment orPunishment (in Article 1) defines torture as:

any act by which extreme pain or suffering, whether physical or mental, isintentionally inflicted on a person for such purposes as obtaining from him or athird person information or a confession, punishing him for an act he or third personhas committed or is suspected of having committed, or intimidating him or a thirdperson, or for any other reason based on discrimination of any kind, when such painor suffering is inflicted by or at the instigation of or with the consent or acquiescenceof a public official or other person acting in an official capacity. It does not includepain or suffering arising only from, inherent in or incidental to lawful sanctions.

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Lesson 2


The prohibition also extends to "corporal punishment including excessive chastisementordered as punishment for a crime or as an educative or disciplinary measure”, emphasizingthat this article protects, in particular, children, pupils and patients in teaching and medicalinstitutions. The prohibition against torture thus includes corporal punishment for anoffence or as an educative or disciplinary measure.

Moreover, it is important to be aware that acts which may not be considered to constituteunlawful treatment of an adult might be unacceptable in the case of children because oftheir specific sensitivity and particular vulnerability.

The scope of the protection

The legal provision guarantees protection for all children deprived of their liberty or incustodial settings. The custodial setting could be an institute established in the name ofchild welfare, mental health, and asylum seeking or immigration regulations.

The article also concerns those children who, are being investigated by the police withoutbeing arrested or detained. Indeed, it is held that the most critical periods for a childsuspected or accused of having committed a crime are the times they spend in the processof police investigation and pre – trial detention. There he or she is most likely to besubjected to ill – treatment and other forms of abuse.

The unqualified, and thus, the absolute nature of the protection granted by article 37 suggestthat children are protected from all mistreatment or punishment wherever it occurs,including within the family and school settings.

It is possible that the child can be subjected to disciplinary measures. This is, however,acceptable only when the disciplinary measure is found to be necessary to maintain “theinterest of safety and an ordered community life” for children. The following measures are,however, strictly prohibited according to the UN Rule 67:

� Measures constituting cruel, inhuman or degrading treatment� Corporal punishment� Placement in a dark cell� Closed or solitary confinement� Any other punishment that may compromise the physical or mental health of the

juvenile concerned

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Hint to the Trainer

The primary aim of the lesson is to help the trainees understandthe features of both legal and unlawful deprivation of liberty aswell as the corresponding roles and responsibilities of the police.

The discussions and activities you may need to consider,accordingly, in dealing with the lesson should focus on: (1)Identifying the main international and national legal rulesconcerning the right of the child against deprivation of liberty; (2)Clarifying the meaning, acts, forms, effects, etc of deprivation; (3)Identifying those who could be potential violators of this specificright; (4) Explaining the conditions under which a child can invokethis protection; (5) Specifying the condition under which a childcan be deprived of his or her liberty; (5) Identifying who, within thepolice service, should assume what role? (6) Defining what specificroles, the specific trainee group in general and/or each participantin particular is expected to play in accordance to this right; (7)Doing critical review of the contemporary practices against theprinciples and provisions.

Corresponding Legal Provisions


State parties shall ensure that (b) No child is deprived of his or her libertyunlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall bein conformity with the law and shall be used only as a measure of last resort andfor the shortest appropriate period of time;;


Lesson 2


2.1.2 The Right to be protected from Unlawful Deprivation of Liberty

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5 CCPR General Comment Art 8 P.83


Lesson 2


Unlawful deprivation of liberty is one of the most common human rights violationcommitted against adults as well as children. Deprivation of the liberty of a child poses aspecial problem in that the child, who is still at a very sensitive stage of development, maysuffer serious and even irreversible adverse psychological effects if removed from its familyfor the purposes of detention. Being cognizant of this fact, international human rights lawtries to reduce the deprivation of liberty of children to a minimum.

The right to liberty of the person is guaranteed in the FDRE Constitution under Article 17which stipulates that no one may be deprived of his/her liberty except in accordance withsubstantive and procedural rules established by law. The Criminal Procedure Code ofEthiopia, accordingly, provides for separate rules that govern the administration of criminaljustice with regard to young persons. This will be discussed later on in relation to the juvenilejustice administration.

The Meaning of Deprivation of Liberty

The notion of deprivation of liberty as applicable to children and juveniles is not definedin article 37 of the Convention on the Rights of the Child. However, according to theGeneral Guideline adopted by the Committee, the deprivation of liberty is:

any form of detention or imprisonment or the placement of a person in anotherpublic or private custodial setting from which this person is not permitted to leaveat will, by order of any judicial, administrative or other pubic authority

The protection against deprivation of liberty is, thus, applicable to all forms of deprivationof liberty in whatever type of institution the deprivation of liberty occurs. It applies to anypublic or private setting from which the child cannot leave at will, by order of any judicial,administrative or other public authority. The UN Human Rights Committee has also pointedout that Article 9 of the ICCPR is5 applicable to all forms of deprivation of liberty.

Although the most common and obvious situation where this protection is applicable is insituation of criminal or juveniles justice detention, it is now accepted that the child shouldnot be unlawfully and arbitrarily deprived of his or her liberty for whatever reason. Theprotection thus applies in all cases where the government deprives children of their libertybecause of mental illness, vagrancy, drug addiction and immigration control.

Irrespective of the reason that causes the detention, the right and the protection it grantsmust be available to all children. The children could be detained in health or child welfaresettings, refugee or immigration center. The minimum rights granted by this provision mustbe followed. (In fact, the Committee is against the practice of detention of children for the

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Lesson 2


sake of providing protection. It holds that such deprivation of liberty for children who hadbeen abandoned or abused equates to punishment for children who were the offenders.)

Deprivation of Liberty: as a Measure of Last Resort

The rule is that no child shall be deprived of his or her liberty unlawfully or arbitrarily. If,however, there is a need to deprive the liberty of the child for whatever reason and inwhatever form it must be made in conformity with the law and as a measure of last resortfor the shortest appropriate time.

The deprivation of liberty is thus said to be in conformity with international standards whenit is:

� lawful and not arbitrary

� imposed as a measure of last resort, i.e. when no other appropriate alternativemeasures are at the authorities’ disposal to deal with the child concerned; and finally,

� last only for the shortest appropriate period of time

The United Nations Rule 1 as well provides that deprivation of liberty of the child shouldbe used as a last resort. Rule 2 also provides for the length of the deprivation of libertywhich should be for the minimum necessary period and only in exceptional circumstances.Rule 2 further provides that the judicial authority should determine the length of sanctionwith the possibility of early release.

2.2 The Right to be Protected from Abuse and Exploitation

These are claimed rights of children to be protected from harmful practices. The acts fromwhich they have such claimed right are declared as criminal offences in the relevant legalinstruments. As it is the duty of the police to control criminal acts and protect potentialvictims, it will be the responsibility of the police to provide the protective services addressedhereunder.

Accordingly, police officers need to have the proper understanding about the acts of abuseand exploitation, their duty to protect against such abuses and exploitations; and thecorresponding measures and roles. The lessons are generally important to all police officersand of priority importance to those who are directly involved in crime prevention roles.

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Hint to the Trainer

The primary aim of the lesson is to help the traineesunderstand the situations in which engagement of a child insexual practices/affairs accounts to be an abuse andexploitation, and the corresponding duties of the police.

The discussions and activities you may need to consider,accordingly, in dealing with the lesson should focus on: (1)Identifying and understanding the contents of relevantinternational and national legal rules concerning child sexualabuse and exploitation; (2) Describing the kinds of acts thataccounts to be sexually abusive and/or sexual exploitation;(3) Identifying who, within the police service, should assumewhat role in protecting this right of children? (6) Definingwhat specific roles the specific trainee group in generaland/or each participant in particular is expected to play inaccordance to this right; (7) Doing critical review of thecontemporary practices of the police in protecting childrenfrom sexual abuses and exploitation.

A) Universal Declarations

The exploitation of children in connection with sexual activities has become a globalphenomenon. In the aim of addressing this global problem, the Convention, in this specificarticle, obliges state parties to protect children “from all forms of sexual exploitation andsexual abuse”.


States Parties undertake to protect the child from all forms of sexual exploitationand sexual abuse. For these purposes, States Parties shall in particular take allappropriate national, bilateral and multilateral measures to prevent: (a) Theinducement or coercion of a child to engage in any unlawful sexual activity; (b)The exploitative use of children in prostitution or other unlawful sexual practices;(c) The exploitative use of children in pornographic performances and materials


Lesson 2


2.2.1 Right to Protection from Sexual Exploitation and Sexual Abuses

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Lesson 2


Sexual exploitation of children can be defined as “the use of children to meet the sexualneeds of others, at the expense of children’s emotional and physical needs”.

As it is clearly indicated in the article, three types of exploitation are often mentioned:1) The inducement or coercion of a child to engage in any unlawful sexual activity; 2) The exploitative use of children in prostitution or other unlawful sexual practices; 3) The exploitative use of children in pornographic performances and materials

b) Relevant Ethiopian Laws

The Revised Penal Code

Ethiopia has been taking legislative measures to stop child prostitution and the sexualexploitation of children. The Revised Penal Code penalizes persons who sexually abusechildren. Imprisonment ranging from 15 years to life is imposed by article 627 or 636 of theRevised Penal Code on a person guilty of inducing a child below the age of 13 to engagein sexual activities. It does not matter whether the child victim is remunerated or not for thespecific engagement. The sentence will be up to 15 years of rigorous imprisonment wherethe induced child is between the age of 13 and 18 as per Article 626 or 636 of the Code.Articles 636-9 and 646 of the Revised Penal Code also penalize trafficking in children forprostitution and sexual exploitation. Article 623 of the Code deals with rape committed ona child under the age of 13 and prescribes a severe punishment for the offense.

Rape and the so–called indecent assault are also the common type of sexual abuses penalizedby the Penal Code.

� Rape

The Ethiopian Penal Code sanctions the offence of Rape. In addition, committing thiscrime against a child, according to the law, results in a more serious imprisonment.Accordingly, an individual who forces a woman to submit to sexual intercourse,whether by the use of violence or grave intimidation, or after having rendered herunconscious or, incapable of resistance, is punishable with rigorous imprisonmentof not exceeding ten years. If, however, the crime of rape is committed on a childunder fifteen years of age, the penalty can go as high as fifteen years of rigorousimprisonment (see 627(1)).

Thus, for a crime of rape said to be committed three major elements should befulfilled:

� There must be absence of consent. In the case of children, however, it isaccepted that they always lack the capacity to give an informed consent forsexual activities. The consent element is thus not always fulfilled.

� There is the use of force to perform the sexual intercourse - but such isirrelevant regarding minors

� Sexual intercourse must be committed. This requires at least the slightestpenetration of the male sex organ into the female sex organ

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Hint to the Trainer

The primary aim of the lesson is to help the trainees identify andunderstand the type of child trafficking that children should beprotected from and the scope of protection provided by therelevant laws, and the corresponding deities of police.

The discussions and activities you may need to consider,accordingly, in dealing with the lesson should focus on: (1)Familiarizing trainees with the main international and national legalrules concerning the rights of the child to be protected fromabduction, sale or trafficking for any purpose or in any form; (2)Clarifying the meaning of abduction, sale and trafficking ofchildren; (4) Identifying types of child trafficking that areprohibited by the international and national legal rules and thescope of protection from such acts; (5) Identifying who, within thepolice service, should assume what role in protecting this right ofchildren? (6) Defining what specific roles the specific trainee groupin general and/or each participant in particular is expected to playin accordance to this right; (7) Doing critical review of thecontemporary practices of the police in protecting children fromsexual abuses and exploitation.


Lesson 2


� “Indecent Assault”

Rape, however, is not the only kind of sexual abuse that is penalized by the PenalCode. The Code, under the title “sexual outrage on infants or young persons”, alsopenalizes sexual offences committed against children. These are what are oftenknown as “indecent assault” which includes any sexual act other than intercourse.According to article 626(3) and 627(3) of the Code “whosoever causes an infant oryoung person under fifteen years of age, to have sexual intercourse, or to performan act corresponding to sexual act with him is punishable with imprisonment.

The Ethiopian Penal Code has appreciated the fact that sexual abuse of childrenmay take different forms including genital fondling, oral sex, masturbation andvaginal penetration. This is clear from the fact that it, under article 626(3) and 627(3)of the Penal Code, penalizes not only sexual intercourse committed against childrenbut also acts corresponding to the sexual act. The law, however, provides, underarticle 599 that in cases of rape, indecent assault or some other form of sexual abuse,no prosecution shall follow if the victim has subsequently concluded a valid marriagewith the accused.

2.2.2 Right to Protection from Abduction, Sale or Trafficking for any

Purpose or in any Form

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State Parties shall take all appropriate national, bilateral and multilateral measuresto prevent the abduction of, the sale of or traffic of children for any purpose orin any form.


Lesson 2


a) Universal Declarations

Article 35 imposes on state parties the duty to protect children from abduction, sale ortrafficking for any purpose in any form. However, this is not the only article of theConvention that addresses the problem of child trafficking. The following other articles ofthe convention as well address the main types of child trafficking:

� Article 11 (illicit transfer or non-return of children abroad – usually by relatives, notgenerally for profit.

� Article 21 (international adoption)

� Article 32 (exploitative or harmful work)

� Article 33 (drug trafficking)

� Article 34 (sex trade) and

� Article 33 (all other forms of exploitation)


Although Article 35 is said to be inclusive of any such exploitation of children, theCommittee has expressed its concern regarding particular aspects of trafficking, abductionand sale of children. A number of particular aspects of such exploitation of children aregiven special emphasis by the committee.

� The first area relates to trafficking of children for labor, sexual labor as well asother types. This especially relates to the use of children as domestic servants orstreet beggars.

� A second area of concern that has been identified by the committee is thetrafficking in children for adoption.

� Third, the protection of children from sexual exploitation involves addressing thecommercial aspects of child prostitution and child pornography.

� The fourth area of concern involves trafficking of children for their organs – intransplant surgery or for medical experimentation.

To address the problem of abduction, sale and trafficking of children, the Committee,among others, has urged states to adopt legal measures to prosecute the perpetrators, to be

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Lesson 2


sensitive to the needs and special circumstances of the child victims, and to conduct a publicawareness, social support and educational programs. In addition, article 34 of theConvention requires state parties to develop cooperative relationships with police andimmigration officials and improve reporting and information exchanges.

Protecting child victims

In a situation where children are victimized, which is often the case in situations ofabduction, sale and trafficking of children, state parties are obliged to ensure that

1) the child does not become further victimized in the effort to bring the perpetratorsto justice and his or her actions criminalized and

2) that the child is offered all appropriate measures as required under article 39 topromote recovery and social reintegration.

b) Relevant Ethiopian laws

� The Revised Penal Code

The Revised Penal Code of Ethiopia provides for penalizing offences in connectionwith abduction and trafficking in persons. Article 589 states that whosoever abductsa person shall be sentenced to 7 years of imprisonment. Article 590 sates that thesentence may be enhanced to up to ten years where a person abducts a woman, evenif they get married afterwards. The sentence is even enhanced more when the victimof the abduction is a child. Accordingly anyone who unlawfully abducts or detains achild shall be sentenced up to 15 years of rigorous imprisonment. Article 593 furtherstates that the offence will be aggravated if the abduction was made for the purposeof sexual exploitation by the offender or by another.

The Revised Penal Code also penalizes bondage and traffic in persons. Accordingly,Article 599 states that anyone involved in trading or trafficking in persons, or exploitsthe labor of a person or holds a person in bondage will be sentenced up to 5-20 yearsof rigorous imprisonment. It should be noted that trafficking of children isprohibited even when it is done with the child’s consent. The law appreciates the factthat trafficking may be done to engage the child in prostitution and thus makes suchact punishable.

Article 613 of the Penal Code protects minors against those who display, give or selland generally exhibit obscene materials. Thus, an individual who knowingly exhibits,hands over or delivers such objects to an infant or young person is subject to a simpleimprisonment of not less than one month and a fine.

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2.2.3 Right to Protection from Economic Exploitation

a) Universal declarations


Lesson 2

Hint to the Trainer

The primary aim of the lesson is to help the trainees understandthe situations in which engagement of a child in work activities isaccounted to be a violation of his/her basic rights, and hence itneeds for police protective intervention.

The discussions and activities you may need to consider,accordingly, in dealing with the lesson should focus on: (1)Identifying the main international and national legal rulesconcerning the protection of children from economic exploitation;(2) Outlining the kinds of works which are legally prohibited andare permissible; (3) Identifying the legally acceptable minimum ageof employment; (4) Identifying who, within the police service,should assume what role, in protecting this right of children? (6)Defining what specific roles the specific trainee group in generaland/or each participant in particular is expected to play inaccordance to this right; (7) Doing critical review of thecontemporary practices of the police in protecting children fromsexual abuses and exploitation.


1. State Parties recognize the right of the child to be protected from economicexploitation and from performing any work that is likely to be hazardous or tointerfere with the child's education, or to be harmful to the child's health orphysical, mental, spiritual, moral or social development.

2. States Parties shall take legislative, administrative, social and educationalmeasures to ensure the implementation of the present article. To this end, andhaving regard to the relevant provisions of other international instruments,State Parties shall in particular: (a) Provide for a minimum age/s for admissionto employment; (b) Provide for appropriate regulation of the hours andconditions of employment; (c) Provide for appropriate penalties or othersanctions to ensure the effective enforcement of the present article.


The international Bill of Rights addresses child labor. The Universal Declaration of HumanRights, under article 4, prohibits slavery or servitude. The same prohibition is stipulatedunder article 8 of the International Covenant on Civil and Political Rights. A more detailedprotection against economic exploitation is provided by the International Covenant onEconomic, Social and Cultural Rights. The Covenant specifically calls on state parties to setage limits for paid employment of children.


The Convention on the Rights of the Child addresses child labor specifically under article32(1) of the Convention. In this specific provision, the Convention ensures that children areprotected both from economic exploitation and from engaging in work that constitutes athreat to their health, education or development. From this, one can understand that theConvention does not consider all kinds of work as threats to the well being of children. Iteven appreciates the fact that some kind of works can be “a positive experience forchildren”.

Thus, article 32 states that children should be protected only from work that interferes witheducation, is hazardous, or is harmful to the health of the child. For instance work done bychildren in schools in connection with their education or work done by children afterattaining the age of 14, in accordance with the conditions prescribed by law, do not fallwithin the category of exploitative work5. Work which may positively contribute to thechild’s development of personhood is not prohibited. The issue addressed under Article32(1) of the CRC is exploitative work which may not only cause the temporary exploitationof the child but also hamper his/her over all development.

National legislation may also permit the employment of children 13 to 15 years of age inlight work which is not likely to harm their health or development or would not interferewith their education. These are only exceptions. In principle, the minimum age for admissionto employment should be consistent with age of completion of compulsory schoolingwhich is 15 years. As stated earlier, work done by children and young persons in schools inconnection with their education, vocational, technical or other types of training is notprohibited by the Convention.

For effective implementation of the protection, the Convention, under article 32(2), requiresstate parties to

� set minimum age for employment� to regulate conditions of employment and� to provide for appropriate penalties to ensure the enforcement of the article

The meaning of economic exploitation

Economic exploitation of children is not defined in the CRC. The ILO, upon the requestby the Committee, provided the following explanation as to what economic exploitation of


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children means: “work which is carried out in conditions of employment inferior to thoseestablished by international labor standards (minimum age for admission to employment,forced labor, protection against injury protection of wages, etc…) should be considered toconstitute economic exploitation.”

Situations where children are allowed to work

Some exceptions are, however, allowed to state parties considering the economic andeducational development of each country. The seasonal needs of some of the countries interms of labor is also taken into consideration. Thus, in countries where the economy andeducational facilities are not fully developed, work that is light, part-time and not harmfulto the development or educational attainment of the children is considered appropriateunder the law. The Convention, acknowledging the seasonal need of many agrarian societies,permits the involvement of children in helping their families during harvest or domesticchores. The basic rule, however, remains to be that all children receive at least primaryeducation and that the work is not physically or mentally harmful to them.

Child labor that are strictly prohibited

According to the Committee, the following kinds of child labor are intolerable and shouldbe totally forbidden:

� Activities jeopardizing the development of the child or contrary to human valuesand dignity;

� Activities involving cruel, inhuman or degrading treatment, the sale of children orthe situations of servitude;

� Activities that are dangerous or harmful to the child's harmonious physical, mentaland spiritual development or are likely to jeopardize the future education andtraining of the child;

� Activities involving discrimination, particularly with regard to vulnerable andmarginalized social groups;

� All activities under the minimum ages that are referred to in article 32, paragraph2 of the Convention on the Rights of the Child and in particular thoserecommended by ILO;

All activities that involve using the child for legally punishable criminal acts such astrafficking in drugs or prohibited goods.


Ethiopia has ratified a number of ILO Conventions that include Abolition of ForcedLabor Convention, 1957 (No. 105) Minimum Age Convention, 1973 (No. 138) and theWorst Forms of Child Labor Convention, 1999 (No. 182). As the result, Ethiopia isbound by these covenants and international standards.

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� The Constitution

The FDRE Constitution under Article 36 (1) (d) stipulates that every child hasthe right “not to be subjected to exploitative practices, neither to be requirednor permitted to perform work which may be hazardous or harmful to his orher education, health or well-being”.

� The Labor Proclamation

The Labor Code which was revised in 2003 regulates the minimum age and thecondition of work of young persons. Article 89(1) of the Labor Proclamationprohibits the employment of persons under the age of 14. This minimum agecorresponds with the absolute minimum age under international standardswhich is allowed as an exception taking into account the economic developmentof the country.

Working children between the age of 14 and 18 are categorized as youngworkers under the Labor Proclamation. The Labor Proclamation regulates theworking conditions of such young persons. Article 89(3) of the LaborProclamation prohibits the employment of young persons in a work, which byaccounts of its nature or due to the working condition in which it is carried outmay endanger the life or health of the young worker. Under Article 89(5), theProclamation provides an illustrative list of activities in which young persons areprohibited from engaging in.

The Minister of Labor and Social affairs is entrusted with the power to prescribethe list of hazardous activities which young persons should not engage in. TheLabor Proclamation has listed the following as hazardous work in which youngpersons are prohibited from engaging in : work in the transport of passengersand goods by road, railway , air and related works; work connected with electricpower generation plants, transformers or transmission lines; work in mines,quarries and similar underground works and; work in sewers and diggingtunnels. The prohibition does not however apply to work performed by youngpersons in connection with courses in vocational schools that are approved andinspected by the competent authority.

Article 90 of the Labor Proclamation regulates the working hours of youngpersons. Accordingly, young persons are not allowed to work more than 7 hoursa day. Night and overtime work by young persons is also regulated under Article91 of the Labor Proclamation which states that it is prohibited to employ youngworkers on night work between 10 p.m. and 6 p.m.; overtime work;: weekly restdays; or public holidays. Penalty for contravening the Proclamation regardingworking hours is also provided under Article 184 of the Proclamation.

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2.2.4 Right to Protection from Illicit Use of Drugs



Lesson 2

Hint to the Trainer

The primary aim of the lesson is to help the trainees getfamiliarized with the main international and national legal rulesconcerning the rights of the child to be protected from the illicituse of drug, and the corresponding duties of the police.

The discussions and activities you may need to consider,accordingly, in dealing with the lesson should focus on: (1)Clarifying the relevant international and national legal rulesapplicable to protection of children from abuse of illicit drugs; (2)Identifying the kinds of drugs prohibited to be taken by children;(3) Clarifying the general measures to be taken in controlling drugabuse; (4) Identifying who, within the police service, shouldassume what role in protecting this right of children? (5) Definingwhat specific roles the specific trainee group in general and/oreach participant in particular is expected to play in accordance tothis right; (7) Doing critical review of the contemporary practicesof the police in protecting children from sexual abuses andexploitation.


State Parties shall take all appropriate measures, including legislative, administrative,social and educational measures, to protect children from the illicit use of narcoticdrugs and psychotropic substances as defined in the relevant international treaties,and to prevent the use of children in the illicit production and trafficking of suchsubstances


Article 33 addresses the increasing abuse of drugs – illicit and legal substances amongchildren. The article imposes the obligation upon states to protect children from theharmful effects of drugs.

� Drugs that require control

The Convention does not specify what the drugs are or may include. It simplymakes a reference to international treaties which define such substances. Theinternational documents mentioned in the Convention such as the SingleConvention on Narcotic Drugs of 1961 and the United Nations Conventionagainst Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988does mention some types of drugs. The type of drugs, which according to theseinternational instruments are prohibited, include: opium, morphine, coca leavesand cocaine, cannabis products and any psychotropic/psychoactive drug suchas barbiturates or stimulants like LSD.

In addition, children use substances like alcohol and tobacco which have theeffect of changing their state of mind. The Convention does not specificallyrefer to such substances. However, the CRC Committee requires states tosubmit information in their periodic report regarding the measures they havetaken to prevent children from the use of alcohol and tobacco and othersubstances prejudicial to their health. Therefore, the obligation of states toprotect children from illicit use of narcotic drugs and psychotropic substancesextends to tobacco and alcoholic substances, the use of which will have anadverse effect on the health of the children.

� Scope of the protection

The use of drugs by children is not the only concern of this article. The articleis also concerned with the exploitation of children by the drug production andtrafficking trade. Although various measures must be undertaken by the state tocombat the drug trafficking problem, the Committee has stated that a stateparty, at a minimum, must take educational and preventive measures to educatechildren on the hazards and enforce prohibitions of employing children in anyproduction or trafficking of drugs. To effectively discharge this duty, stateparties are advised by the committee to collect accurate information on theproblem by conducting research in the risk factors and causes as well as thestrategies to address the problem.

b) Relevant Ethiopian Laws


Article 525 and 526 of Revised Penal Code of Ethiopia prescribes severepenalty for crimes related to the production, sale, trafficking and use of narcoticdrugs or psychotropic substances. The penalty is more severe where the narcotic


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Hint to the Trainer

The major aim of the lesson is to help the trainees understandthat right to protection extends to any other forms of abusesand exploitations beyond the ones addressed so far.


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drug or substance was sold by the offender for the use by children. Any personwho produces sells or is involved in the trafficking of narcotic drugs orpsychotropic substances knowing that children will use them may be sentencedto ten years of rigorous imprisonment. Making use of children for suchactivities also entails the same penalty. A sanction of 10 years of rigorousimprisonment is also imposed on individuals who produce, sell, use or traffic innarcotic drugs in educational or recreational institutions in which children spendtheir time. Article 53 also penalizes any person who endangers the lives ofchildren by providing them with alcoholic drinks or spirits.

Article 158 of the Revised Penal Code states that the court, when passing averdict against young persons, can order the juvenile offender, who is addictedto the use of narcotic drugs and other psychotropic substances or alcohol, tobe sent to the appropriate health institution and receive the necessary care andtreatment. Such treatment and care is also applicable to children between the ageof 15 and 18 despite their classification as adults for the purpose of determiningcriminal responsibility.

� The Drug Administration and Control Proclamation

The other relevant national law that addresses the issue of drugs is the DrugAdministration and Control Proclamation. This proclamation sanctions certainacts in connection with the use of drugs. Article 34 states that persons involvedin facilitating the abuse of narcotic drugs and psychotropic substances are liableto criminal punishment.

The Proclamation mainly deals with the administration and control of illicitdrugs. It also regulates the illicit use of drugs. The Drug AdministrationAuthority, as the organ that is entrusted with the duty to serve as druginformation center, disseminates information with regard to illicit drugs and tothat effect conducts short training and student events in schools.

2.2.5 Right to Protection from all Forms of Abuse,

Neglect and Exploitation

62

The discussions and activities you may need to consider,accordingly, in dealing with the lesson should focus on:

(1) Identifying the main international and national legal rulessupporting the right to this right; (2) Outlining the kinds/formsof abuses covered by this right; (3) Identifying who, within thepolice service, should assume what role in protecting this rightof children? (4) Defining what specific roles the specific traineegroup in general and/or each participant in particular isexpected to play in accordance to this right; (5) Doing criticalreview of the contemporary practices of the police in protectingchildren from sexual abuses and exploitation.

Article 36 UN Convention on Child Rights

State Parties shall protect the child against all other forms of exploitationprejudicial to any aspects of the child's welfare


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As the discussion in the preceding pages revealed, the Convention provides for specificarticles that protect children from a specific form of exploitation. Yet in the form of asafety net provision, the Convention provides, in article 36, the right to be protectedfrom all forms of exploitation. Some have suggested that the types of exploitationincluded in this article are those that are not covered elsewhere and can be characterizedas social exploitation. But nowadays it is accepted that article 36 goes beyond protectingchildren from social exploitation to any form of exploitation that is harmful to thechild’s welfare.

b) Relevant Ethiopian laws.


The Revised Penal Code of Ethiopia (Art. 574) penalizes the parent guardianor any other person in charge of caring for a child to three months of simpleimprisonment if the person is found guilty of abuse or neglect. The offenceincludes such acts as neglecting or exploiting the child.

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� Scope of the protection

A number of situations are often mentioned as provoking the protectionguaranteed by this article:

�One such situation involves children who are especially talented in sports,music or dance. The fear is that these children may spend so much timedeveloping and performing with their skill that it may affect their overallphysical and mental development as they might not be left with muchtime to nurture their overall development.

� The other situation relates to instances where the children are exposed tothe media. This is a concern because there are instances where the mediacan be both deliberately and inadvertently exploitative of children. Thisis the case, for instance, when a child victim of a crime or a child offenderis personally identified by a media report. There is also a high probabilitythat the media coverage affects the children’s right to privacy and subjectsthe child to continued trauma of the child and/or his or her family. In thisregard the CRC Committee has stated, “it is important that the mediathemselves do not abuse children. The integrity of the child should beprotected in reporting about, for instance, involvement in criminalactivities, sexual abuse and family problems.”

� This article also protects children who can be exploited in the name ofscientific or medical research or treatment.

� It is also meant to protect children including street children who havebeen victims of willful abandonment and acts of omission includingneglect. Under Article 36, states have the duty to protect all children,including street children, against social exploitation. In relation to streetchildren the protection includes ensuring that they do not penalize streetchildren by treating them under national laws as criminals on charges ofvagrancy and petty offences.

2.3 The Right to be provided with Special Justice

Administration Procedures

This is another aspect of the claimed rights of children. The scope of this right is limitedto the children who come to criminal justice system as alleged offenders. The universal lawsorder special procedures for dealing with children who come in to conflict with the law andprovide related procedural safeguards for the children who are alleged offenders. This lessondeals with such specific standards and procedural safeguards.

Accordingly, the lesson may become of prior importance to police officers who involve inthe processes of detention and investigation of juvenile offenders, both as decision makersand as executors. It is also equally important for those who have a duty to ensure therealization of procedural safeguards for children in trial processes.

64

Hint to the Trainer

The major objectives of the lesson is to help the traineesunderstand the standard features of the juvenile justice processand to encourage them to develop ways of ensuring that theyroutinely apply the corresponding rights and safeguards whenconfronted with children in the course of the administration ofjustice.

The discussions and activities you may need to consider,accordingly, in dealing with the lesson should focus on: (1)Familiarizing with the international and national legal rulesconcerning juvenile justice administration; (2) Convincing theimportance for separate/specific justice system for juvenile; (3)Clarifying the objectives of the juvenile justice system; (4)Specifying the procedural safeguards which should be accordedto the child in the administration of justice; (5) Explaining thespecial procedure that the police have to follow when dealingwith juveniles (6) Doing critical review of the contemporarypractices of the juvenile justice administration.


1. State Parties recognize the right of every child alleged as, accused of, or recognizedas having infringed the penal law to be treated in a manner consistent with thepromotion of the child's sense of dignity and worth, which reinforces the child'srespect for the human rights and fundamental freedoms of others and which takesinto account the child's age and the desirability of promoting the child'sreintegration and the child's assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions of internationalinstruments, States Parties shall, in particular, ensure that:

a) No child shall be alleged as, be accused of, or recognized as having infringedthe penal law by reason of acts or omissions that were not prohibited bynational or international law at the time they were committed;


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65

b) Every child alleged as or accused of having infringed the penal law has atleast the following guarantees:

i) To be presumed innocent until proven guilty according to law;

ii) To be informed promptly and directly of the charges against himor her, and, if appropriate, through his or her parents or legalguardians, and to have legal or other appropriate assistance in thepreparation and presentation of his or her defence;

iii) To have the matter determined without delay by a competent,independent and impartial authority or judicial body in a fair hearingaccording to law, in the presence of legal or other appropriateassistance, and unless it is considered not to be in the best interest ofthe child, in particular, taking into account his or her age or situation,his or her parents or legal guardians;

iv) Not to be compelled to give testimony or to confess guilt; to examineor have examined adverse witnesses and to obtain the participation andexamination of witnesses on his or her behalf under conditions ofequality;

v) If considered to have infringed the penal law, to have this decision andany measures imposed in consequence thereof reviewed by a highercompetent, independent and impartial authority or judicial bodyaccording to law;

vi) To have the free assistance of an interpreter if the child cannotunderstand or speak the language used;

vii) To have his or her privacy fully respected at all stages of theproceedings.


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66 POLICE TRAINING MANUAL ON CHILD PROTECTION

Article 40 provides for the protection of a child accused of or recognized to haveinfringed the penal law. This specific provision of the Convention, which addresses theadministration of juvenile justice, provides for the right of children in conflict with thelaw from the first involvement with the criminal justice system – allegation of a crime– through out the conviction for a crime and sentencing. It begins with the provisionof treatment that respects the child’s dignity and worth and provides for proceduralsafeguards that must be guaranteed for the child during his or her arrest and the wholeproceedings. It further provides for the process of conviction and allegation.

Three United Nations Documents complement this article and thus together set out theinternational standards on juvenile justice. These are: The United Nations StandardMinimum Rules for the Administration of Juvenile Justice (Beijing Rules), the UnitedNations Rules for the protection of Juveniles Deprived of their Liberty (JDL Rules)and The United Nations Guidelines for the prevention of juvenile delinquency (RiyadhGuidelines). The important feature of these documents is that they reflect a child-


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67POLICE TRAINING MANUAL ON CHILD PROTECTION

centered and child-oriented approach to juvenile justice administration and emphasizethe principle that a child has fundamental rights as well as the general principle of article2 of the Convention – that the best interest of the child should be a centralconsideration.


� The Penal Code

The Penal Code of Ethiopia has classified child offenders into three categorieson the basis of age. Minimum age of criminal responsibility is 9 years. Wherean offence is committed by an ‘infant’ below the age of 9, appropriate stepsmay be taken by the family, school or guardianship authority. This group, calledinfants in the Penal Code, is totally exonerated from application of the penal lawon the ground of irresponsibility. The nine to fourteen age group, called youngpersons in the codes, are subjected to special punishments and measures uponconviction. To this group of children, the ordinary punishments and measuresof the criminal law are not applicable. Special dispositive provisions designedfor juveniles shall be applied. The last group of child offenders, “young personsbetween the age of fifteen and eighteen”, is treated as having the full primafacie liability of persons aged eighteen and over. However, the Penal Codeprovides that mitigation of the penalty is always permitted, the death penaltymay never be imposed and, under certain conditions, the measure or penaltyscheme for young offenders may be applied in too.

� The Criminal Procedure Code

The Criminal Procedure Code provides a chapter of ten articles which set outthe procedure that has to be followed in cases concerning young people. Thesearticles are meant to cover criminal procedure from the first stages to the last.i.e. complaint and accusation, arrest, investigation, charge and plea, trialjudgment, sentence and appeal. In the following pages, however, we shall onlydiscuss those procedures that, in one way or another, are relevant for the worksof the police.

The Aims of Juvenile justice

It is known that the aim of juvenile justice system is the child’s rehabilitation and socialreintegration. This is made clear by article 40(1) of the Convention when it stated that

State parties recognize the right of every child alleged as, accused of, or recognized as havinginfringed the penal law to be treated in a manner consistent with the promotion of the child’s senseof dignity and worth, which reinforces the child’s respect for the human rights and fundamentalfreedoms of others and which takes into account the child’s age and the desirability of promotingthe child’s reintegration and the child’s assuming a constructive role in society.


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The primary focus on the rehabilitation of the juvenile offender is also present in article17(3) of the African Charter on the Rights and Welfare of the Child. According to thisarticle, “the essential aim of treatment of every child during the trial and also if foundguilty of infringing the penal law shall be his or her reformation, reintegration into his orher family and social rehabilitation”.

The overall aim of the juvenile justice system must, thus, be to promote the child’srehabilitation and social reintegration including the child’s sense of dignity and worth ofhis/her own person as well as his/her respect for the fundamental rights of others.

The Duty to create a Juvenile Justice System

Article 40(3) of the Convention promotes the specialization of laws, procedures andinstitutions that deal with children in conflict with the law. It requires that state parties shallseek to promote the establishment of laws, procedures, authorities and institutionsspecifically applicable to children…” In other words, state parties are urged to establish aseparate juvenile justice system that focuses on positive, rehabilitation aims rather thanpunitive ones as stated in article 40(1). The Committee also stressed that states shouldestablish juvenile courts with primary jurisdiction over juvenile offenders and apply specialprocedures that take into account the specific needs of children. As an alternative, regularcourts should incorporate special procedures that are designed by taking into account thespecific needs of children. The establishment of special institutions, rules and proceduresto deal with juvenile offenders is also required under Rule 2.3 of the Beijing Rules.

As part of this, state parties are also expected to set the minimum age below which a childis not considered as criminally responsible- the age below which children are presumed notto have the capacity to infringe the penal law. The Committee has, however, urged stateparties not to set the age of capacity too low and that the reference should be consistentwith the age of majority in other domestic laws – i.e. age of marriage or military service. TheCommittee has further emphasized that states should not only set a minimum age forcriminal responsibility but also ensure that “no child who is under the legal age of criminalresponsibility is subjected to criminal charges”. State parties are also advised not to takejudicial proceedings as the first option. They are rather advised to provide measures fordealing with children without resorting to judicial proceedings. They are, however, requiredto ensure that all rights and safeguards are fully respected.

Procedural Safeguards in the Juvenile Justice Process

Article 40 of the Convention begins with reiterating the right of the child to be treated withdignity and respect. Accordingly, any child who is deprived of his liberty on the groundbecause he/she has committed an offence must be treated in a manner consistent with thechild’s sense of dignity and worth and reinforces the child’s respect for human rights andfundamental freedoms of others. The treatment, which such children receive, according tothe Convention, should take into account their age and promote their reintegration into thecommunity in a constructive way.

The due process rights of all children in conflict with the law must also be guaranteed. Thisis especially important if they are going to receive a fair hearing and/or trial. The Convention


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provides for a list of due process rights. This, however, is not exhaustive. As it is clearlystated in the Convention, all other “relevant provisions of international instruments” mustbe consulted in order to come up with a minimum list of due process rights. The followingare often considered to constitute the minimum procedural safeguards:

The right to be presumed innocent

The right of the child “to be presumed innocent until proven guilty according to law”is contained in article 40(2) (b) (i) of the Convention on the Rights of the Child; whilearticle 17(2) (c) (i) of the African Charter on the Rights and Welfare of the Childguarantees the right of the child to be “presumed innocent until duly recognized guilty”

The right to prompt information and the right to legal assistance

Article 40 (2) (b) (ii) proclaims the right of the child “to be informed promptly anddirectly of the charges against him or her, and, if appropriate, through his or her parentsor legal guardians, and to have legal or other appropriate assistance in the preparationand presentation of his or her defense”. The African Charter on the Rights and Welfareof the Child provides in this respect that every child accused of infringing the penal law“shall be informed promptly in a language that he/she understands and in detail of thecharges against him/her” (art. 17(2)(c) (ii) and “ shall be afforded legal and otherappropriate assistance in the preparation and presentation of his/her defense” (art.17(2) (c) (iii).

The right to have legal or other appropriate assistance presupposes the child’s ownparticipation in the proceedings. To ensure the child’s participation in proceedings, Rule14(2) of the Riyadh Guidelines provides that the proceedings should be conducted inan atmosphere of understanding which allows the child to express her/himself freely.The child’s right to be provided with legal and other assistance, which may be free ofcharge, must be protected from the moment of the child’s detention.

The right to be protected against retroactive application of law

Article 40 (2) (a) of the Convention provides that “no child shall be alleged as, beaccused of, or recognized as having infringed the penal law by reason of acts oromissions that were not prohibited by national or international law at the time theywere committed.” This right is made non-derogable under a number of internationalhuman right treaties including the International Covenant on Civil and Political Rights(article 4(2)).

The right to be tried without delay

The convention, under article 40(2)(b)(iii), provides that the child has the right “to havethe matter determined without delay by a competent, independent and impartialauthority or judicial body in hearing the case in according to the law, in the presenceof legal or other appropriate assistance and, unless it is considered not to be in thebest interest of the child, in particular taking into account his or her age or situation,his or her parents or legal guardians”. Article 17(2) of the African Charter on the Rights


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and Welfare of the Child declares that the accused child “shall have the matterdetermined as speedily as possible by an impartial tribunal.” The International Covenanton Civil and Political Rights provides the same right under article 14(3)(c)

The right not to incriminate oneself and the right to examine and havewitnesses

Article 40 (2) (b) (iv) of the Convention on the Rights of the Child provides for theright not to be compelled to give testimony or to confess guilt. In the same article, theConvention stipulates the right “to examine or have examined adverse witnesses andto obtain the participation and examination of witnesses on his or her behalf underconditions of equality.

The committee has warned against laws authorizing the police to use silence in responseto questioning to support a finding of guilt against a child over ten years of age. Thisis for the obvious reason that such laws and practices are incompatible inter alia with theright not to be compelled to give testimony or confess guilt.

The right to review

Article 40 (2) (b) (v) states that a child who has been found to have infringed penal lawhas the right to have this decision and any measure imposed in consequence thereofreviewed by a higher competent, independent and impartial authority or judicial bodyaccording to the law. The African Charter on the Rights and the Welfare of the Child,under article 17.23) (c), provides the right to “an appeal by a higher tribunal”. Article14(5) of the International Covenant on Civil and political Rights as well provide for thesame right.

The right to free assistance of an interpreter

Article 40 (2) of the Convention on the Rights of the Child contains the right “to havethe free assistance of an interpreter if he or she cannot understand or speak thelanguage used”. The same right is stipulated under article 17.23) (c) (ii) of the AfricanCharter on the Rights and Welfare of the Child. This rule is also found in article 14(3)(f) of the International Covenant on Civil and Political Rights.

The right to respect for privacy

The accused child, according to article 40(2) (b) (vii) of the Convention, has the right“to have his or her privacy fully respected at all stages of the proceedings”. This isespecially related to issues of undue publicity. Due to the fact that this is an importantconcern, it is clearly made in rule 8 of the Beijing Rules. The rule states that “thejuveniles right to privacy shall be respected at all stages in order to avoid him/her beingcaused to undue publicity or to the process of labeling”.

In the aim of protecting the juvenile’s right to privacy, Rule 21 of the Beijing Rulesprescribes on how the records of juvenile offenders should be handled. Accordingly,


State parties shall ensure that (c) Every child deprived of liberty is treated withhumanity and respect for the inherent dignity of the human person, and in a mannerwhich takes into account the needs of persons of his or her age. In particular, everychild deprived of liberty is separated from adults unless it is considered in the child's


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records of juvenile offenders shall be kept strictly confidential and closed to thirdparties. Only persons directly concerned with the disposition of the case at hand orother duly authorized persons should have access to such records. Moreover, accordingto the same rule records of juvenile offenders shall not be used in adult proceedingsin subsequent cases involving the same offender.

Generally, as it is clearly stated by the Committee, the privacy of the child should befully respected in all stages of the proceedings including those in relation to criminalrecords and possible reporting by the media.

The Rights of the Child Deprived of Liberty

The arrested, detained or imprisoned child has rights as any other detained persons.Moreover, the child has additional rights on account of his or her young age which requiresthat the treatment of the child be adjusted so as to meet his or her specific needs. Whatfollows is a brief discussion of these rights.

The right to humane treatment

Children deprived of their liberty must be treated with humanity and respect for theirinherent dignity. Article 37(c) of the Convention provides that a child who is deprivedof liberty should get the treatment which takes into consideration the needs of a personof his/her age. The treatment provided to the child must accommodate thepsychological and physical needs of the child. Article 17(1) of the African Charter onthe Rights and welfare of the Child stipulates that “every child accused or found guiltyof having infringed penal law shall have the right to special treatment in mannerconsistent with the child’s sense of dignity and worth and which reinforces the child’srespect for human rights and fundamental freedoms of others”.

The right of the Child to remain in contact with his or her family

The rights of the detainee child to maintain contact with his or her family throughcorrespondence and visits must be respected (save on exceptional circumstances andbased on general principles). The Human Rights Committee, in this regard, has statedthat juvenile

best interest not to do so and shall have the right to maintain contact with his or herfamily through correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access tolegal and other appropriate assistance, as well as the right to challenge the legality ofthe deprivation of his or her liberty before a court or other competent, independentand impartial authority, and to a prompt decision on any such action.

7 CCPR General Comment 22, Pa 13. P110

8 These basic and fundamental rights are also described in the International Covenant on Civil and Political Rights andthe Universal Declaration on Human Rights. These rights are guaranteed for all children deprived of their liberty evenif based on child welfare or health rationales. The Human Rights committee, in General comment (15, 8-p,1 p.83) has stated“the right to control by a court of the legality of the detention applies to all persons deprived of their liberty by arrest ordetention.”


Lesson 2


offenders should be allowed to maintain contact with their relatives. 13 The UnitedNations Rules under Rules 59 to 62 also contain detailed instructions with regard to theright of the detained or imprisoned child to maintain contacts with the widercommunity, family and friends. Given the tender age of the child and the aim ofeducating and rehabilitating him/her, maintaining contact with family, friends and thecommunity through visits and correspondences is essential.

This is as well affirmed by the CRC Committee on paragraph 18 of the Guidelines forAction on Children in the Criminal Justice System. The Committee has opined that“In order to maintain link between the detained child and his or her family andcommunity, and to facilitate his or her social reintegration, it is important to ensureeasy access by relatives and persons who have legitimate interest in the child withinstitutions where children are deprived of their liberty unless the best interest of thechild would suggest otherwise”.

The right of the child to be separated from adults

According to article 37(c) of the Convention, children deprived of their liberty mustbe separated from adults, “unless it is considered in the child’s best interest not to doso”. According to article 17(2) of the African Charter on the Rights and Welfare of theChild, the state parties “shall…ensure that children are separated from adults in theirplace of detention or imprisonment”. Article 10(2) b of the International Covenant onCivil and Political Rights sates that “accused juvenile persons shall be separated fromadults and brought as speedily as possible for adjudication”.

The child’s rights to prompt access to legal assistance andto legal challenge of detention

According to article 37 (d) of the Convention, the right of the children deprived oftheir liberty to prompt access to legal assistance, the ability to challenge the


Lesson 2


government’s action in court, and the right to receive a prompt decision of any suchaction must be respected.6 Irrespective of the reason for deprivation of liberty, i.e.,commission of an offence or because of mental illness, vagrancy, drug addiction,educational purposes, immigration control etc, the child has the right to challenge itslegality and is entitled to get a prompt decision on it. The right to challenge the legalityof a deprivation of liberty cannot be effectively exercised unless the child gets legal andother appropriate assistance. The child, thus, needs the assistance of a lawyer and thatof social workers in order to effectively challenge the legality of his/her detention orarrest before the competent authorities.

Lesson 2


General human rights are applicable to children without any discrimination.Children have also more rights corresponding to their specific circumstances.Some of those rights are 'Barred Rights' (rights to be protected from harmful actsand treatments) while others are 'Clamed Rights' (rights to be provided withnecessary assistances). What have been discussed are the rights of both typesthat are associated to the functions of the police. The following are the mostimportant issues that should clearly be kept in the minds of police officers.

Torture and cruel, inhuman or degrading treatment orpunishment is completely prohibited;

Children are protected both from economic exploitation andfrom engaging in work that constitutes a threat to their health,education or development;

Children have the right to be protected from any form of abuse,exploitation and neglect;

Illegal deprivation of liberty of a child is completely prohibited;even the legal deprivation should only be considered as a lastresort;

A child legally deprived of liberty has the rights to remain incontact with his/her family; to be separated from adults unlessit is on the best interest of him/her self; to legal assistance; tolegal challenge against the detention; etc;

The scope of the application of disciplinary measures to a childis restricted by the law;

It is a duty, to states and law enforcement agencies, to establisha specialized system for the administration of juvenile justice;

Juveniles who are going through the justice system have the rightsto be presumed innocent; to be provided with promptinformation; to be protected from retroactive application of laws;to be provided with legal assistance; to be tried without delay;not to incriminate self; to have witness; to examine witness; toget the decision imposed on them reviewed; to free assistance ofinterpretation; to respect for privacy;

Summaryand

Key Learning Points



Annex 1


Summary of UN Convention on the Rights of the Child

CHILD RIGHTS


Annex1

ArticleProvision

Theme/Issue

Article 1A child is recognized as a person under 18 unless national lawsrecognize the age of majority earlier.

Definition of a ‘Child’

Article 2All rights apply to all children without exception. It is the state'sobligation to protect children from any form of discrimination andto take positive action to promote their rights.Non-discrimination

Article 3All actions concerning the child shall take full account of his or herinterests. The state shall provide the child with adequate care whenparents, or others charged with that responsibility, fail to do so.Best Interests of the child

Article 4The state must do all it can to implement the rights contained inthe convention

Implementation of rights

Article 5The state must respect the rights and responsibilities of parents andextend family to provide guidance for the child which is appropriateto her or his evolving capacities.Parental guidance and the

child’s evolving capacities

Article 6Every child has the inherent right of life and the state has anobligation to ensure the child survival and development.

Survival and development

CHILD RIGHTS


Annex1

Article 7The child has the right to name at birth. The child also has the rightto acquire a nationality and as far as possible to know his or herparents and be cared for by them.Name and Nationality

Article 8The state has an obligation to protect and if necessary re-establishbasic aspects of the child identity. This includes: Name, Nationality,and Family ties.Preservation of Identity

Article 9 The child has the right to live with his or her parents unless this isdeemed to be incompatible with the child’s interests. The child alsohas the right to maintain contact with both parents if separatedfrom one or bothSeparation from parents

Article 10Children and their parents have the right to leave any country andenter their own for the purposes of reunion or maintenance of thechild –parent relationshipFamily reunification

Article 11The state has an obligation to prevent and remedy the kidnappingor retention of children abroad by parent or third party

Illicit transfer and non return

Article 12The child has the right to express his or her opinion freely and tohave that opinion taken into account in any matter or procedureaffecting the child.The child opinion

Article 13The child has the right to express his or her views, obtaininformation, make ideas or information known, regardless offrontiersFreedom of Expression

CHILD RIGHTS


Article 15Children have the right to meet with others and to join or formassociations.

Freedom of Association

Article 16Children have right to protection from interference with privacy,family, home and correspondence, and from libel or slander.

Protection of privacy

Article 17The state shall ensure the accessibility to children of informationand material from a diversity of sources, and it shall encourage themass media to disseminate information which is of social andcultural benefit to the child and take steps to protect him or herfrom harmful materials.

Access to Appropriateinformation

Article 18Parents have joint primary responsibility for raising the child, andthe state shall support them in this. The State shall provideappropriate assistance to parents in child raising.Parental Responsibilities

Article 19 The state shall protect the child from all forms of maltreatment byparents or others responsible for the care of the child and establishappropriate social programmes for the prevention of abuse and thetreatment of victims

Protection fromabuse and neglect

Article 14The state shall respect the child’s right to freedom of thought,conscience and religion, subject to parental guidance.Freedom of thought,

conscience and religion

Annex1

CHILD RIGHTS


Article 20The state is obliged to provide special protection for a childdeprived of family environment and to ensure that appropriatealternative family care or institutional placement is available in suchcases. Efforts to meet this obligation shall pay due regard to thechild’s cultural background

Protection of a Childwithout Family

Annex1

Article 21In countries where adoption is recognized and/or allowed, it shallonly be carried out in the best interests of the child, and then onlywith the authorization of competent authorities, and safe guardsfor the child.Adoption

Article 22 Special protection shall be granted to a refugee child or to a childseeking refugee status. It is the state’s obligation to co-operate withcompetent organizations which provide such protection andassistanceRefugee Children

Article 23A disabled child has the right to special care, education and trainingto help him or her enjoy a full and decent life in dignity and achievethe greatest degree of self reliance and social integration possibleDisabled Children

Article 24 The child has the right to the highest standard of health and medicalcare attainable. States shall place special emphasis on the provisionof primary and preventive health care, public health education andthe reduction of infant mortality. They shall encourage internationalco-operation in this regard and strive to see that no child is deprivedof access to effective health services.

Health and Health Services

Article 25A child who is by the state for reasons of care, protection ortreatment is entitled to have that placement evaluated regularly

Periodic review of Placement

CHILD RIGHTS


Annex1

Article 26Children have a right to be provided with help from thegovernments if their families are poor and cannot afford to providethe needs for their proper development.Government Help

Article 27 Every child has the right to a standard of living, adequate for his orher physical, mental, spiritual, moral and social development.Parents have the primary responsibility to ensure that the child hasan adequate standard of living. The state’s duty is to ensure that thisresponsibility can be fulfilled, and it can include material assistanceto parents and their children.

Social Living

Article 28 The child has a right to education, and the state’s duty is to ensurethat primary education is free and compulsory, to encouragedifferent forms of secondary education accessible to every childand to make high education available to all on the basis capacity.School discipline shall be consistent with the child’s rights anddignity. The state shall engage in international co-operation toimplement this right

Education

Article 31The child has the right to leisure, play and participation, in culturaland artistic activities.Leisure, recreation and

cultural activities

Article 29 Education shall aim at developing the child personality, talents andmental and physical abilities to the fullest extent. Education shallprepare the child for an active adult life in a free society and fosterrespect for the child’s parents, his or her own cultural identity,language and values and for the cultural background and values ofothers

Aims of Education

Article 30Children of minority communities and indigenous populations havethe right to enjoy their own culture and to practice their own religionand language.Children of minorities or

Indigenous populations

CHILD RIGHTS


Annex1

Article 32The child has the right to be protected from work that threatens hisor her health, education or development. The state shall seeminimum ages for employment and regulate working conditionsChild Labor

Article 33Children have the right to protection from the use of narcotic andpsychotropic drugs, and from being involved in their production ordistributionDrug Abuse

Article 34The state shall protect children from sexual exploitation and abuseincluding prostitution and involvement in pornography

Sexual Exploitation

Article 35It is the State’s obligation to make every effort to prevent the sale,trafficking and abduction of children.Sale, Trafficking and

Abduction

Article 36The child has the right to protection from all forms of exploitationprejudicial to any aspects of the child’s welfare not covered inarticles 32, 33, 34 and 35Other forms of Exploitation

Article 37 No child shall be subjected to torture., cruel treatment orpunishment, unlawful arrest or deprivation of liberty. Both capitalpunishment and life imprisonment without the possibility of releaseare prohibited for offences committed by persons below 18 years.Any child deprived of liberty shall be separated from adults unlessit is considered in the child’s best interests not to do so. A child whois detained shall have legal and other assistance as well as contactwith the family.

Torture andDeprivation of Liberty

Article 38 State Parties shall take all feasible measures to ensure that childrenunder 15 years of age have no direct part in hostilities. No childbelow the age of 15 shall be recruited into armed forces. States shallalso ensure the protection and care of children who are affected byarmed conflict as described in relevant international law.Armed Conflicts

Article 39The state has an obligation to ensure that child victims of armedconflicts, torture, neglect, maltreatment or exploitation receivesappropriate treatment for their recovery and social integration.Rehabilitative

Article 40 A child in conflict with the law has the right to treatment whichpromotes the child’s sense of dignity and worth, takes the child’sage into account and aims at his or her re-integration into society.The child is entitled to basic guarantees as well as legal or otherassistance for his or her defense. Judicial proceedings andinstitutional placements shall be avoided where ever possible

Administration ofJuvenile Justice

Annex1


CHILD RIGHTS

Annex 2


Module 2CHILD RIGHTS

84

Spec

ific

Pro

visi

ons

Art

icle

s or

out

line

num

bers

con

tain

the

spe

cific

pro

visi

on in

the

Inst

rum

ents

Gen

eral

Child

und

er 1

8 ye

ars o

ld

12

215

Righ

t of

the

child

to b

e tre

ated

with

hum

anity

, res

pect

and

dig

nity,

taki

ng in

to a

ccou

nt h

is/he

r age

usin

g ch

ild-fr

iendl

y pr

oced

ures

37, 4

017

.1V

1.58

10.3

45,

503.

917

1,18

0,17

6(20

)

Best

inte

rest

s of

the

child

3.1

362(

2)

249(

3),

266(

2),

226(

4),

194(

2)

Righ

t of

the

chi

ld t

o pa

rtic

ipat

ion

-be

hear

d in

any

jud

icia

l or

adm

inist

rativ

e pr

oced

ures

12.1

,12

.217

6(3)

176(

5)24

9(2)

No

disc

rimin

atio

n2

46.

16.

22.

2

No

corp

oral

puni

shm

ent

1917

.367

1831

36/1

/e

Righ

t to

be p

rote

cted

from

abu

se a

nd e

xplo

itatio

n(D

omes

tic, e

cono

mic,

sexu

al….)

19,

32,

33,

34,

36

36/1

/d

626,

627,

636,

-39,

646,

586-

89,

596

CRC

African Charter

RiyadhGuidelines

BeijingGuidelines

JDLS

ViennaGuidelines

StandardMinimum Rules

Tokyo Rules

FDREConstitution

Criminal Code

CriminalProcedure Code

Federal Family

An

nex

2

85

Spec

ific

Pro

visi

ons

Art

icle

s or

out

line

num

bers

con

tain

the

spe

cific

pro

visi

on in

the

Inst

rum

ents

Gen

eral

(con

tinu

ed)

Proh

ibiti

on o

f to

rtur

e, cr

uel,

inhu

man

deg

radi

ng t

reat

men

t or

puni

shm

ent

3717

.2.1

6731

215

Use

of

forc

e (a

nd fi

rear

ms)

onl

y in

exc

eptio

nal c

ircum

stan

ces.

Arb

itrar

y &

abu

sive

use-

crim

inal

offe

nce

6, 19

Dut

y po

lice

to p

rote

ct a

ll pe

rson

s aga

inst

illeg

al ac

ts

3.2,

11.1

,16

.2, 3

5,40

.1

Aim

s of

JJ:

Refo

rmat

ion,

rei

nteg

ratio

n &

soci

al r

ehab

ilita

tion

(Inc

assis

tanc

e);

prom

ote

wel

l-bei

ng

of

juve

nile

; pr

inci

ple

ofpr

opor

tiona

lity

40.1

17.3

24.1

,5.

1,17

.1a,

1

Min

imum

age

to in

frin

ge p

enal

law40

.3a

17.4

4.1

14.c

5239

(1)b

Dec

rimin

aliza

tion

of st

atus

offe

nces

(not

pen

alize

d fo

r adu

lts-n

ot fo

rch

ildre

n)V

1.56

Regi

stra

tion

in a

ll pl

aces

of

dete

ntio

n: I

dent

ify f

act

&re

ason

for

com

mitm

ent,

day

& h

our,

deta

ils n

otifi

catio

n pa

rent

s, de

tails

kno

wn

phys

ical a

nd m

enta

l hea

lth p

robl

ems.

Non

-cus

todi

al m

easu

res:

case

reco

rd fo

r eac

h of

fend

er. R

ecor

ds &

oth

er in

form

atio

n ke

pt s

trict

lyco

nfid

entia

l not

to b

e us

ed in

adu

lt pr

ocee

ding

s.

21.1

,21

.220

, 21,

18.a,

19

7.1

13.6

,3.

12

CRC

African Charter

RiyadhGuidelines

BeijingGuidelines

JDLS

ViennaGuidelines


Tokyo Rules

FDREConstitution

Criminal Code


Federal Family

An

nex

2

86

Spec

ific

Pro

visi

ons

Art

icle

s or

out

line

num

bers

con

tain

the

spe

cific

pro

visi

on in

the

Inst

rum

ents

Gen

eral

(con

tinu

ed)

Righ

t to

a fr

ee in

terp

rete

r if

need

ed40

.2,

b.vi

17.2

36

16,

4851

20(7

)

Righ

t to

Priv

acy

at a

ll st

ages

/No

deta

ils g

iven

to th

e m

edia

16,

40.2

8.1, 8.2

18.a

87.a

3.11

174

176(

1)

Prof

essio

nalis

m a

nd tr

ainin

g JJ

per

sonn

el3.

39.

122

.144

4613

.2,

15, 1

6

Spec

ially

train

ed p

olice

and

uni

ts fo

r juv

enile

s12

.144

Gen

der a

nd e

thic

balan

ce JJ

per

sonn

el22

.215

.1

No

corr

uptio

n

Law

enf

orce

men

t offi

cials:

pre

vent

and

repo

rt vi

olat

ions

of

law a

ndco

de o

f co

nduc

t

Com

mun

icatio

n &

colla

bora

tion

betw

een

diffe

rent

acto

rs JJ

syst

em &

othe

r rele

vant

org

aniz

atio

n9.

g,60

.63

41,

4216

.1

Com

mun

ity p

artic

ipat

ion-

Publ

ic un

ders

tand

ing

and

coop

erat

ion

56,

9.1

,32

, 39

25.1

817

,18

CRC

African Charter

RiyadhGuidelines

BeijingGuidelines

JDLS

ViennaGuidelines


Tokyo Rules

FDREConstitution

Criminal Code


Federal Family

An

nex

2

87

Spec

ific

Pro

visi

ons

Art

icle

s or

out

line

num

bers

con

tain

the

spe

cific

pro

visi

on in

the

Inst

rum

ents

Pre

vent

ion

Safe

guar

ding

well

-bein

g de

velo

pmen

t rig

hts a

nd in

tere

sts o

f all

youn

gpe

rson

s A

ll5.

d

Com

preh

ensio

n of

“yo

uthf

ul b

ehav

ior”

5.e

Neg

ativ

e lab

eling

lead

ing

to c

onsis

tent

pat

tern

5.f

Offi

cial i

nter

vent

ion

purs

ued

prim

arily

in o

vera

ll in

tere

st of

the y

oung

pers

on a

nd g

uide

d by

fam

eless

and

equ

ity3.

15.

c

Well

-def

ined

resp

onsib

ility

9.

b

Co-o

rdin

atio

n m

echa

nism

s for

pre

vent

ion

9.c

Ena

ct a

nd e

nfor

ce le

gisla

tion

to p

rote

ct C

hild

ren

from

dru

g ab

use

and

drug

traf

ficke

rs

3359

252,

256,

531

Safe

guar

ding

well

-bein

g de

velo

pmen

t rig

hts a

nd in

tere

sts o

f all

youn

gpe

rson

s A

ll5.

d57

4,63

9-40

,64

4

CRC

African Charter

RiyadhGuidelines

BeijingGuidelines

JDLS

ViennaGuidelines


Tokyo Rules

FDREConstitution

Criminal Code


Federal Family

An

nex

2

88

Spec

ific

Pro

visi

ons

Art

icle

s or

out

line

num

bers

con

tain

the

spe

cific

pro

visi

on in

the

Inst

rum

ents

Div

ersi

on

Mak

ing

use

of o

ppor

tuni

ties

for

dive

rsio

n fr

om ju

dici

al s

yste

m:

Disc

retio

n of

judi

cial a

utho

rities

; Pol

ice, p

rose

cutio

n se

rvice

s & o

ther

empo

wer

ed to

disc

harg

e of

fend

er a

ccor

ding

to e

stab

lishe

d cr

iteria

40

.3.b

V1.

5811

.1,

11.2

,13

.2

15,

42

2.5,

3.3, 5.1

53,

157,

56(2

)16

9-18

0

Rang

e of

non

-cus

todi

al/a

ltera

tive;

Pre

scrib

ed b

y law

; Se

lect

edac

cord

ing

to p

resc

ribed

crit

eria;

Sup

ervi

sed;

Dur

atio

n; C

ondi

tions

; Tre

atm

ent p

roce

ss; B

reac

h of

con

ditio

ns

40.3

.b,

40.4

17

2.3,

3.1

,3.

2, 1

0,11

, 12,

13, 1

4

158-

161

169-

188

Refe

rral

only

with

con

sent

of

juve

nile

or g

uard

ian

5, 1211

.334

Arr

est

Arr

est a

nd d

eten

tion

as la

st re

sort

37,

40.3

.b13

.11, 2

186.

116

2,17

2(4)

Proh

ibiti

on a

rbitr

ary

or il

legal

arre

st, d

eten

tion

or im

priso

nmen

t37

,40

.2.a

17

Righ

t to

be n

otifi

ed o

f ch

arge

s40

.2.b

.ii7.

119

,20

,21

176(

3)

Righ

t to

rem

ain si

lent

40.2

.b.ii

10.1

,7.

122

9217

3,17

6(1)

CRC

African Charter

RiyadhGuidelines

BeijingGuidelines

JDLS

ViennaGuidelines


Tokyo Rules

FDREConstitution

Criminal Code


Federal Family

An

nex

2

89

Spec

ific

Pro

visi

ons

Art

icle

s or

out

line

num

bers

con

tain

the

spe

cific

pro

visi

on in

the

Inst

rum

ents

Arr

est

(con

tinu

ed)

Pare

nts,

guar

dian

or a

ppro

priat

e au

dit i

mm

ediat

ely n

otifi

ed; R

ight

topr

esen

ce o

f pa

rent

, gua

rdian

or a

ppro

priat

e au

dit

9.4,

40.2

.b.ii

10.1

,7.

122

9217

3,17

6(1)

Polic

e en

surin

g fu

ll pr

otec

tion

of h

eath

of

pers

on in

their

cus

tody

24.1

Tran

spor

t/M

ovem

ent

Righ

t to

ade

quat

e (li

ght

& v

entil

atio

n) t

rans

port

& n

o ar

bitra

rytra

nsfe

rs26

45

Com

bat t

raffi

ckin

g/ill

egall

y di

splac

ed o

r wro

ngfu

lly d

etain

ed a

cros

sbo

rder

s to

be re

turn

ed to

their

cou

ntry

of

orig

in (h

uman

e tre

atm

ent

and

assis

tanc

e)35

52

Pre

-tra

il D

eten

tion

Min

imum

age

for d

epriv

atio

n of

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Module 3

THE PROBLEMS OFCHILD ABUSE AND JUVENILE DELIQUENCY

Module

3

Child protection has become a relevant issue needing serious attentionbecause there is the problem of child abuse and juvenile delinquency.Appreciation of the existence of the problem and having clearunderstanding of its nature and magnitude is an imperative precondition inorder to be committed to take counter measures.

Having this ultimate purpose, this module discusses the nature andmagnitude of the problems of child abuse and juvenile delinquency ingeneral as well as the Ethiopian context in specific, and the principles andpractices of managing the problem.

The contents of the module are organised under two separate sections.The first section deals with the problems of child abuse and juveniledelinquency in general where the general natures of the problems arediscussed in detail. The second section specifically deals with the natureand magnitude of such problems in the contemporary Ethiopia.

Lesson 1: General Nature of the Problems Lesson 1.1 Basic Features of Child AbuseLesson 1.2 Basic Features of Juvenile Delinquency

Lesson 2: State of the Problem in Contemporary EthiopiaLesson 2.1 Magnitude of the ProblemLesson 2.2 Most Prevalent Types of Child Abuse

THE PROBLEMS OF CHILD ABUSE AND JUVENILE DELIQUENCYModule 3

Introduction



Having an understanding of such basic features of child abuse and juvenile delinquency isrelevant for all those who are taking training on child rights and protection. Accordingly, thelessons are generally relevant to be addressed as an introductory part before going furtheron the detailed functions and processes of protection. However, all of the lessons may notbe equally important for all police officers. They will, generally, have more significance, forinstance, to officers who are involved in giving training on child protection, to CPU staff,and to crime prevention strategists than officers who are deployed to patrol services.


Lesson1


This section of the module gives a brief overview of the basic features ofthe problems of child abuse and juvenile delinquency. It discusses the'what', 'why', and 'how' of the problems in more general terms.

Although the problems of child abuse and juvenile delinquency areintertwined to one another and both share some features more specificallyconcerning causal and contributing factors, they are dealt with separately soas to maximise the understanding of each one's peculiar features. However,since protection is the focus of the manual, the problem of abuse is givenmore emphasis in depth and coverage.

The lessons in this section generally aim to enable the trainees to acquire asufficient level of understanding of the basic features of the problems ofchild abuse and juvenile delinquency. Having worked out through thelessons, the attendants will be able to explain the meaning, forms, causesand consequences of both child abuse and juvenile delinquency, and tocorrectly describe the nature of relationship that exist between child abuseand juvenile delinquency.


General Nature of theProblems of Child Abuseand Juvenile Delinquency

Lesson1


Lesson1

Hint to the Trainer


All of the lessons in this section are more of theoretical andknowledge based. In dealing with them, therefore, you canconsider any approach that is known to be good for knowledge-based lessons. The following are some of those approaches fromwhich you can chose any one or their combination based on thelevel of the relevance of the lesson to the specific trainee group;the capacity of the trainees; and the possibility:

(1) Lecture, brainstorming, and other in-class activities.

(2) Reading assignment: copy and distribute the noteprovided below and encourage trainees to read thenotes. Prepare, and make presentations on themeaning, forms, causes and consequences of childabuse and delinquency.

(3) Literature review: in cases where it is important forthe trainee group to deal with the lesson in moredetail; there is the possibility to get more literature; andthe trainees are capable to do so, you may considerencouraging them to do a literature review, producepapers, and make presentations on the meaning,forms, causes and consequences of child abuse ingeneral.

Please note that more suggestions, which are not common toall /specific to each topic of discussion/, are also provided undereach topic.

In cases where the lesson is found to be of high significance tothe specific trainee group and has to be dealt with in more depth,it may be better to treat each topic or a combination of them asseparate lessons.


Establishing a working definition for a major concept is good before goinginto further discussion of the features of the subject matter designated bythe concept. Accordingly, the lesson starts by defining 'Child Abuse' andgoes to answer the following basic questions about it: Is child abuse a multidimensional or single form of problem? What are the causes andcontributing factors for the problem? What negative consequences wouldchild abuse result in? How significant is the scope and magnitude of theproblem in general?


Basic Features of theProblem of Child Abuse

Lesson 1.1

Lesson1


97

Learning Outcomes:Primary aim of the lesson is to help the trainees have a clear overview of the general natureof the problem of child abuse. In completion of the lesson the attendants should be able to:

1) Tell the proper meaning of 'Child Abuse';2) Describe the factors that constitute 'Abuse';3) Explain the different forms of 'Child Abuse'4) Discuss the general causal factors of 'Child Abuse'5) Describe the possible negative effects of 'Child Abuse'

1.1.1 Meaning of Child Abuse

The phrase ‘Child Abuse’ is literally used to refer to harmful acts against children. However,the conceptual definition of the phrase is not as such easy as it has complex psychological,social, cultural, and economic dimensions. Although it is a universal problem encompassingall segments of the society, the features may vary depending on the socio-economicdevelopmental stage of a country. An act which may be considered to be an abuse in onecontext may not be so in another. In the past, the definitions given for harmful actionsagainst children focused only on physical abuses where as current definitions are broaderin scope and include physical, emotional, and sexual abuse.

The definition given to child abuse at the Consultation meeting on Child Abuse Preventionorganised by WHO in 1999 reads as follows:

“Child abuse constitutes all forms of physical and/or emotional ill-treatment, sexual abuse, orcommercial or other exploitation resulting in actual or potential harm to the child’s health, survival,development or dignity in the context of a relationship of responsibility, trust, or power”.

Child abuse and neglect has been defined in many ways. For our purposes, it can be takento denote “any act of commission or omission by individuals, institutions or society as awhole and any conditions resulting from such acts or inacts, which deprive children of theirequal rights and liberties and/or interfere with their optimal development”. Child abuseconsists of any act or failure to act that endangers a child's well-being, health and properdevelopment. Thus child abuse refer to all those legally and/or socially unacceptable actionsor omissions on a child by individuals and corporate entities which cause physical or mentalsuffering, exposure to harm. A cause can be resource deprivation of the child which resultsin harming the well-being, and the physical and/or moral growth of the child.

1.1.2 Forms of Child Abuse

The various forms of violence inflicted on children range from occasional scolding andlight smacking to frequent and severe emotional and physical harm including brutal corporalpunishment, torture, forced labour, denial of food, isolation, physical restraint and sexual


Lesson1

Lesson1.1


assault. The most common forms of child abuse are generally classified into four majorcategories: physical abuse, emotional abuse, sexual abuse, and commercial and other formsof exploitation. Substance abuse is also, often, considered as another form of abuse.

(a) “Physical abuse’

Physical abuse is a form of abuse on a child which results in an actual or potentialphysical harm. Such types of abuse may have different forms ranging from minorbeatings to severe bodily injury and from infanticide to premeditated murder.Examples include battering, barring, homicide, abandonment, inattention to healthcare, deprivation of basic necessities, exposure to harmful way of life or action, etc.

The harm may be temporary pain, permanent damage, or death of the victim. Thetemporary injuries that follow the physical abuse are bleeding, abrasion, cuts etc. whilepermanent damages are disability and the development of abnormal behavioural traits.

(b) “Emotional abuse’

Emotional abuse embraces acts that, in one way or another, deprive the child of thehonour and respect he/she deserves for the full and balanced development of his/herpersonality. These include restriction of movement, patterns of belittling, denigrating,using as scapegoat, threatening, scaring, discriminating, ridiculing, or other non-physical forms of ill treatment.

(c) “Child sexual abuse’

Is the involvement of a child in sexual activity that he/she does not fully comprehend,is unable to give informed consent to, or for which the child is not developmentallyprepared and cannot give consent, or that violate the laws or social taboos of the society.

When an adult involves a child in a sexual activity by any means, for instance, usingpower over the child or taking advantage of a child’s trust, vulnerability or naivety, etc,it is a sexual abuse to the child involved.

Specific examples of sexual abuse are acts committed by opposite or same sex personson the child these are: having intercourse with a child; incest (sex with one’s own childor direct relation); child rape; defilement; having oral sex with a child; having sex infront of the child or adult showing the child his/ her genitalia; showing pornographicmaterials to children; fondling a child’s genitalia; indecent assault (violent sexual abusedirected at a boy or girl child), etc.

(d) “Commercial or other exploitation of children’

Child exploitation is another worst form of child abuse. This refers to the use of thechild in work or other activities for the benefit of others. Common forms of childexploitation include, but not limited to, sexual exploitation and economic exploitation.

In cases of sexual exploitation, children are exposed to sexual abuse for a particulargain on the part of the exploiter. Specific examples of sexual exploitation include:


Lesson1

Lesson1.1


Hint to the Trainer

In completion of the discussions using anychosen methodology from those outlined atthe beginning of the section, developchecklist or table that contains the majorforms of abuses outlined above and detailedlist of the examples of the acts or incidencesof child abuses, and request the trainees tomatch the forms and the incidents - indicatewhich incident falls under which form ofabuse. By doing so, you will be able to checkwhether they have sufficiently understoodabout the categorization, and if not, you willget more chance to help them.

Lesson1.1


Lesson1


prostitution; pornography; slavery; forced marriages; debt bondage; etc. Forms ofeconomic exploitation include, for instance, selling or trading of children for forcedlabour, prostitution, slavery or servitude, etc. The practice of exploitation, often,involves child trafficking - recruitment, transportation, transfer, harbouring or receiptof children for the purpose of exploitation.

1.1.3 Effects of Child Abuse

Such abuse and neglect leave temporary or lasting problems on a child. Temporary refersto physical pain and mental stress that afflict the child when the abuse is committed whilepermanent problems refer to continuing problems of ill-health, psychological trauma,physical trauma, behavioural problems etc. that affect the child for a long time thereafter.

The main ones are briefly presented hereunder:

a) Physical effects

� Temporary injuries and pains such as bleeding, cuts, abrasion, browses, etc� Long lasting scars and marks� Retarded physical development� Disabilities� Death�Health problems: infectious diseases, fistula, sexually transmitted diseases, HIV/Aids

and other diseases

Lesson1.1


Lesson1


� Unwanted pregnancy and pregnancy/birth related complications in cases of rape,abduction and sexual abuse

b) Social effects

� Stigmatisation � Discrimination � Isolation, non participatory� Dropping out of school� Unemployment, under employment� Disempowerment� Alcoholism and addictions (drug, chat etc)� Streetism

c) Psychological/Mental effects

� Change in behavioural patterns such as loss of appetite, bedwetting, sleepdisturbance etc.

� Aggressiveness, irritability and tendency to use force� Low self esteem� Feeling of guilt/shame� Rebelling against parents and authority figures� Lack of trust in society /family� Inability to trust others and to establish contacts with others� Depression� Development of new fears� Mental retardation� Decline in school performance� Insecurity� Problem in family building relationships�Development of anti social behaviours including crime, denial of authority, abuse etc.

Compared to physical damage or harm, abuse and neglect perpetrated on children results,in most cases, in psychological damage. It is difficult to know or prevent psychologicaldamage on children whose outcome affects both the victim and the society as well. If anabused child develops deviant behaviour as a result of the abuse, his/her deviance canbecome harmful not only to him/herself but also to the society.

The personality of any person is formed during the period of early childhood. Psychologistsremind us that what happens to a person during childhood can determine his/her wholefuture personality and career. A person who grows up with love, care and proper treatmentwill have a positive self-image whereas a person who has been exposed to repeated abuseswill, in most instances, harbour not only hatred to others but also a sense of unwantedness

Hint to the Trainer

In addition to the other methodologies suggested at thebeginning of the section to be considered commonly to alllessons, in dealing with this specific lesson you can also considerthe following:

(1) Find and discuss on a real case story of abused children towhom one or more of the negative effects discussed areknown to have happened. This will help as evidence for whathas been said before.

(2) Develop a detailed /more specified/ list of potential effectsof child abuse; use the detailed list of examples of specificacts or incidents of child abuse in dealing with the lesson onforms of child abuse; request the trainees to indicate thepossible matches between the specific acts/incidents ofabuse and the consequences. This can help you as a goodrecap method besides helping the trainees to understand therelationship better.

Lesson1.1


Lesson1

and will, therefore, develop personality disorders. Various studies have indicated that parentswho abuse their children were themselves abused as children.

1.1.4 Causal Factors for Child Abuse

The causal factors may be attributed to the society, institutions, family, and individuals.Factors that may become root causes or exacerbating effect may be economic (capacity ofthe society, institutions, and individuals), and/or psycho-social (behaviour and attitude,culture, awareness, responsibleness, systems, etc).

a) Causes Emerging from Conditions at the Community orNational Level

Poverty, lack of social service, urbanization and industrialization, unemployment andcrime are factors that contribute to the problem of child abuse.

Deprived families can easily become the source of abused children owing tofrustrations from unemployment and financial strain. Moreover, the problems ofcrime that include sexual abuse and exploitation are causing serious social andpsychological damage to the normal development of children. Poor children, being themost vulnerable group, are highly exposed to these social evils.


Lesson1.1


Lesson1Poverty, coupled with urbanisation, results in weakening traditional support systemsincluding the support from the extended family. Consequently, nuclear families becomeoverburdened with too much responsibility and stressful conditions, thus, becominghighly violent in their familial relationship. Rapid social change also has negative effectson the parent-child relationship due to conflicts cropping up from generation gap.

b) Causes Based on Culture and Customs

Harmful traditional practices like excessive child disciplining, female circumcision,early marriage, gender bias, incision of the skin, etc. have damaging effects on theoverall development of children. It is the culture or norm of the communities thatgives acceptance to such abusive traditional practices.

c) Causes Related to Family Conditions

Adverse socio-economic conditions and cultural practices do not affect all familiesliving in difficult circumstances in the same way or to equal degrees. In most cases, theresilience or fragility of each individual family and the presence or absence of maritaldiscord, mental problems, repeated family crisis or tragedies, etc. are critical factors. Infamilies where such conditions persist in addition to problems like unemployment,poverty and displacement, the risk for abusing their children is quite high.

All parents belonging to low-income groups or all displaced parents do not necessarilyabuse their children. However, when problems that are affecting a large sector of thepopulation are aggravated by additional problems occurring at the family levels, the riskfor family violence towards children increases considerably. For example, a low-incomeparent with low level of coping skills could be easily overwhelmed with financial stressand take out his/her frustrations by beating up his/her children.

Physical and emotional violence also originates from lack of parenting skills -particularly in the ability to respond to a young child's needs. Another factor thataggravates child abuse is substance abuse on the part of the child's parent or guardian.Adults who were victims of abuse as children also have a high risk of becomingperpetrators.

The characteristics of families /parents and homes/ that correlate more with childabuse and neglect include:

� Large Families;� Low level of coping skills, � Successive family crisis, � Marital discord- Homes where parental conflicts are common;� Step parenthood, � Ignorance, � Psychological or mental incapacitation, � History of abuse or neglect during childhood


Child Abuse refers to maltreatment of children by acts of commission oromission of individuals or institutions. Child abuse is generally classified intofour major categories: physical violence, emotional abuse, sexual abuse, andcommercial and other exploitation.

The magnitude of the problem of child maltreatment can be measured interms of its incidence and its physical, developmental and psychologicalconsequences. Causes and contributing factors for the problem of childabuse can be societal, institutional, or individual level state of conditions.

Child Abuse is commission or omission of individuals,institutions or societies having detrimental effect on the child.

The various forms of abuses which can happen to children arecommonly categorised into four: physical abuse, emotionalabuse, sexual abuse, and exploitation.

Abuse can harm a child in many ways and its effect goes to theextent of harming the society.

The various types of child abuses have multifaceted andpromulgate negative effects on the children.

Causal factors of the problem of child abuse are diversified butintertwined to each other.

Summaryand

Key Learning Points


� Parents who have unrealistic expectations of their children in terms of takingresponsibilities, independence, and the like,

�Distressed parents who are usually destitute, illiterate and jobless, and also lack socialsupport

d) Causes Related to Conditions of Children

Individual level factors that characterise a specific child like being unwanted, disabled,deformed, retarded, and chronically sick or having a difficult behaviour can render thechild to face higher risk of being abused than the rest of the child population. Childcharacteristics which often predispose the individual child for abuse and neglect alsoinclude hyperactivity and negativism.

Lesson1

Lesson1.1


Juvenile delinquency is the reverse side of child abuse where they may bealleged offenders, in conflict with the law, or not conforming to thenormative standards of the society.

This is also of equal concern for it involves the issues of child rights andcan lead to more complicated forms of criminal problems in the futureunless properly managed. Abuse on children may lead them to bedelinquents and delinquent behaviour may expose them for more abuses.It is often expressed that juvenile delinquency is the seed-bed for adultcriminality as many adult criminals have their root as being young offenders.Thus, a special approach of tackling the problem is needed to prevent theconsequent tendency in the lifetime of adulthood. Therefore, it becomesof importance to know the causal and consequential factors as well as themagnitude of the problem of juvenile delinquency for those who claim tobe responsible for child protection.

This lesson tries to uncover the brief account of the problem of juveniledelinquency, more specifically the meaning of delinquency, the behavioursand acts of delinquency, the repercussions, and the causal factors.


Lesson1

Basic Features ofJuvenile Delinquency

Lesson 1.2


Hint to the Trainer

In cases where the trainees are of relatively lesser level ofacademic background/level, it may be better to considerapproaches with high share of input from your self andless form the attendants, and vice versa.

In the former cases, you may focus in helping theparticipants to understand the direct meaning of juveniledelinquency as an act or behavior not confirming to themoral and legal expectation of a given society withoutgoing further into related academic discussions. But inlater cases, you may need to consider entertaining moreacademic discussions, for stance, different perspectives indefining juvenile delinquency and the correspondingimplications.

Learning Outcomes

Aim of the lesson is to enable the trainees to have a clear overview of the general natureof the problem of juvenile delinquency. In completion of the lesson, the attendants shouldbe able to:

1) Explain the meaning of juvenile delinquency;2) Outline the most common behaviours and acts of delinquents;3) Explain the negative consequences of delinquency;4) Discuss the causal factors of juvenile delinquency; 5) Discuss the relationship between child abuse and juvenile delinquency;

1.2.1 Defining Juvenile Delinquency

Literatures on the subject show that there is no universally agreed upon definition. Broadlyspeaking there are two major schools that had tried to define the term: penologists andcriminologists. For better understanding, different definitions given by these schools arecomparatively discussed.

Penologists define delinquency as an act committed by a minor determined to be so bycourt. According to them, a juvenile delinquent is a person who has been adjudicated assuch by a court of proper jurisdiction, though he/she may be no different, up until the timeof court contact and adjudication at any rate, from masses of children who are not


Lesson1

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delinquent. Delinquency is any act, course of conduct, or situation which might be broughtbefore a court and adjudicated whether it comes to be treated there or by some other court.

This penelogical school's definition entails that the court should prove the act ofdelinquency. This works for an adult criminal who is assumed to have legal responsibility.

Those who advocate the criminological school's of thought define juvenile delinquency ina way that includes not only those minors who have actually broken the laws, but also thosewho are likely to do so. This definition, therefore, considers a juvenile's attitude to otherindividuals, to the community, to lawful authority, etc that may lead him/her to breaking thelaw. Persistent truants or children beyond the control of their parents- whether or not it isthe parents' fault, would come within this definition.' Therefore, in juvenile delinquency,breaches of the law represent only one aspect of the problem.''

This definition combines both legal and sociological consideration. It shows the concern ofjuvenile delinquency as both the criminal justice system and the community. In other words,it says that it is not only the adjudication by the court that constitutes the nature of theproblem but, most importantly, the community's perception.

When considering the implications of the two definitions, the former entails reactiveconsideration. That means, we should define a delinquent based on criminal law andpreventive measures should follow after the conviction of the case in court. This preventsproactive measures based on the community's perception which is the major concern of thelater definition.

Nowadays, the Criminologists' definition seems to be accepted at large. We, as children’srights advocates also favour this for we should view the problem beyond the boundary ofthe legal framework for the purpose of seeking holistic preventive efforts.

1.2.2 Forms of Delinquent Acts and Behaviours

Numerous studies conducted on the distinguishing characteristics of juvenile delinquentsshowed almost similar symptoms of it. These include:-

- Violation of any law or ordinance- Habitually truant- Willingly associated with thieves, vicious or immoral persons.- Beyond the control of parents or guardians.- Absents self from home and do so without consent form parents or guardians.- Immoral or indecent conduct.- (Habitually) uses vile, obscene or vulgar language- Wanders on streets.- Immoral conduct around school.- Engaging in illegal occupation.- Occupying dangerous or injuring tools.


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Hint to the Trainer

In completion of the discussions on thetheoretical aspects using, any chosenmethodology from those outlined at thebeginning of the section, you may needto encourage the participants to discussand comment on the acceptability of thetheoretical conclusions by raisingexamples of practical cases which theyknow.

- Smoking cigarettes, or use tobacco in any form.- Addicted to drugs.- Being disorderly.- Begging- Using intoxicating liquor.- Loitering & sleeping in alleys.- Running away from state or charity institution.- Operating (driving) motor vehicle dangerously while under the influence of liquor.- Engaging in sexual behaviour.- Dislike schooling and having poor educational performance

Though these are not exhaustive enough to show all anti-social behaviours committed byjuveniles, they give insight to the universal nature of the juvenile delinquency. The incidentswhere juveniles are found to be involved in criminal offences is not also insignificant. Themost common types of such offences include theft and robbery.

When considering the features of juvenile delinquency in rural and urban areas, it is generallybelieved that cities have higher rates of delinquency than rural areas. Proportionately, morechildren are committed to correctional institutions as the density of the population increases.In most instances, it was found that the larger cities had the highest crime rates. However,it is not only the density of the population that matters, but also the population of rural areasare relatively homogenous with similar values and norms, as strength, to prevent delinquency.

With regard to gender, there is a difference in the kinds of delinquent acts of boys and girls.Boys commit acts involving violence, stealing, mischief, and carelessness where as girls runaway, be ungovernable and get involved in sex offences.


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Hint to the Trainer

Similar to the above topic, you canfurther strengthen the outcome of thisspecific lesson if you are able to findand discuss real case stories ofdelinquent children to whom one ormore of the negative effects discussedhere are known to happen. This willhelp as evidence for what has been saidbefore.

1.2.3 Effects of Delinquency

As in the case of any crime and similar anti social acts, delinquent behaviours and acts affectthe society negatively. The worst aspect of it is the negative consequences it has on thejuveniles themselves. Involving in delinquent acts seriously affects the concerned childemotionally, socially, and economically.

Some of the emotional stresses which delinquents may be suffering from include suchfeelings of being rejected, insecure, not being understood in affectionate relationships, beingthwarted, inadequacies or inferiorities (at home, school, etc.), discomfort, jealousy, beingdiscriminated against, confused, unhappiness, and conscious or unconscious sense of guiltin regard to their behaviour.

Other forms of major consequences also include:

- Criminal attitude, experience, etc that can lead to more serious offences- Exposition to various forms of physical and emotional abuses from the victims, law

enforcement personnel, community, etc,- Criminal record and history that may have negative effect on the future opportunities

of the child;

1.2.4 Causal factors of Juvenile Delinquency

In simple terms, the immediate causes and contributing factors which push children to getinvolved in the acts or behaviours of delinquency include alcohol and drug abuse; lack ofguidance; inadequate parental care and control; peer pressure; etc.


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In scholarly terms, however, as in the case of child abuse, the causal factors for delinquencyare also varied and multifaceted which involve social, economical and psychological factors.Thus, it is useful to examine sociological perspectives that combine environment, culture,opportunity, deprivation and learning contexts for the better understanding of the causes.

a) Environment

Most of the sociological researches on delinquency focused on the environment withinwhich individuals act and on the factors in social organization and social processes thatthey have developed to adapt to the environment.

The scholars in the filed assert that the problem of juvenile delinquency has a strongrelationship to slums, deteriorated housing, high population density, areas withheterogeneous populations and cultural conflicts because of uprooting effects ofurbanization, unemployment, poverty, broken families, and other factors.

Physical Environment: Juvenile delinquency occurs, most frequently, in centers of thecity decreasing as one moves out toward the peripheral suburban areas. Areas in whichthe population was declining and that are deteriorating physically, with a consequentmovement from residential to business, are also seen to be high delinquency areas.

The urban environment exposes children and youth in general to a lot of unhealthypractices like alcohol and drug use at an early stage which drives to satisfy desires ofadolescence that often result in disastrous consequences such as unwanted pregnancieswhich leads to abortions. The quick ways of getting money by robbing, doing drugs,and joining gangsters are more common in cities.

Some places, (specific recreation places like hide outs, internet cafes, video shows) exposechildren to pornography, crime related films and literature on the Internet, video shows.These children often want to practice what they have seen and heard.

Community: the language, values and general lifestyles in communities have significanteffects as far as the morals and the general upbringing of children are concerned.

Schools: The education system has a lot to do with shaping children's future. Examplesof some determinant factors include: the strategies emphasizing discipline and hard workin both the teaching staff and the children who are sent to school; codes of conductestablished and implemented; moral and civic education provided; consultation andsupport services provided; the good role model that teachers and the school communitiesplays; other need based opportunities are maximized; etc. If they fail to do so, the schoolcommunities will contribute to the problem of delinquency.

Family environment is also another significant factor for the development ofdelinquency tendency. Homes with criminal patterns; homes in which there areunsatisfactory personal relations because of domination, favouritisms, non-solicitude,over-severity, neglect, jealousy, a step-parent or other interfering relatives; homes socially

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or morally maladjusted because of the difference in race, religion, conventions, standards,and immoral situation; homes under economic pressures-unemployment, low income;etc often expose children for delinquency problems.

In addition to poverty, family dysfunction/lack of guidance from a caring adult are themajor factors that contribute to children committing crimes. When a child does not feelloved or cared for, his/her resistance to negative peer pressure is quite low.

Criminal justice system: The practices and behaviors of the institutions and peoplewithin the criminal justice system are also another factor which may contribute to theproblem both positively and negatively. For instance, if the police compromise whengangs of children are reported, they are impliedly encouraging the problem; ifrehabilitation process /facilities are non existent or inadequate, and /or if the entiresystem does not extensively monitor or follow up on how past wrong doers are behavingafter they have served their sentences or have been pardoned, they are posing a higherchance of recidivism in children.

b) Social disorganization

Social disorganisation is a term that is used to denote or breakdown in conventionalinstitutional controls within a community and the inability of organizations, groups, orindividuals within that community to solve common problems.

According to many studies, delinquency is most likely in the least stable areas in termsof permanent residents, strong community feeling or control, and church orneighbourhood involvement where the values and traditions of the persons have beenfound to support or even encourage delinquent and criminal behaviour in manyinstances; where a state of 'normlessness' by individuals, lacking moral convictions andnot responding to social controls such as the influence of neighbours, communityleaders, church representatives, or teachers, etc is prevalent, the likelihood of delinquencyis high.

c) Lack of Access to Legitimate Means of Achievement

The term 'anomie' is used to refer to the members of all social classes who seek successdefined in terms of economic affluence and manifested by possession of material statussymbols. Those living in areas characterized by rapid changes in the population, lack ofinterpersonal interaction, poverty, and family disruption have limited opportunities toachieve through legitimate means; as a result, they react by seeking success throughillegitimate means.

Incompatibility of cultural norms with the access of legitimate means to achieve betterlife for those youths from poor families would make them think and resort to illegitimatemeans.

In the case of Ethiopia, police records show that a very large portion of delinquentsfound in theft, violence, and vandalism in schools and neighbourhoods were thoseyouths from poor families and from the central areas of slum dwellings.

d) Delinquency as a learned behavior

Studies on the learning process asserted that crime results from one person's imitatingthe actions of another. Accordingly, youths living in a neighbourhood that has manycriminal types, who may be symbols of economic and social success because they havemoney and other material possessions that inspire respect and envy, may be drawn to thecriminal life-style of these people because they want the same symbols of success forthemselves. The probability of gradually becoming delinquents is high among the youthsin neighbourhoods where criminality most prevails. Records show that most delinquentshave intimate contacts with professional adult criminals.


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Hint to the Trainer

In addition to the other methodologies suggested at the beginningof the section to be considered commonly to all lessons. In dealingwith this specific lesson, you can also consider the following:

1) Find real case stories of children who had passed through thejuvenile justice process because of the delinquent acts orbehaviors (you need to get complete information about thecircumstances); identify and discuss the factors considered tohave a causal effect or contributed towards the exposition ofthe child to what he/she has done; and review the theoreticalconclusions against the findings from the case study; or

2) Encourage the participants to comment on the theoreticalconclusions based on their own practical experiences byproviding sufficient illustrations or evidences.

3) Develop cases describing a real and hypothetical state ofconditions of different societies, communities, families,environments, etc of a child; encourage the trainees to identifyand discuss the possible implications of such factors on a child'sexposition to be delinquent - tendency to criminality;

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A juvenile delinquent is a young person who has committed a crime or isaccused of committing a crime or behaving in a way that is criminal or anti-social.

Anti-social acts and behaviours of young delinquent can be of many forms:Theft, robbery, group fighting, and gang violence are however, the mostcommon ones of serious offences they get involved in.

Involving in delinquent acts has serious immediate and long-term negativeeffects to the children as well as the community.

There are various environmental factors that lead children to commitoffences and these include, but are not limited to, the location/physicalenvironment, circumstances in homes, and institutional settings.

Because of many reasons, children are vulnerable to beinvolved in crimes.

The child who is involved in delinquency act needs moreattention and care because the negative consequences ofsuch an act is more serious to him/her self

It is not the child, who had involved in delinquency acts,that takes the largest share of the responsibility to thereasons which has lead him/her to do so;

Summaryand

Key Learning Points


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Although the forms and intensity may vary from one another, child abuseand delinquency is the problem of all societies. Harmful actions perpetratedon children vary depending on the stage of socio-economic developmentof each country. Such harmful actions have existed in the past and currentlythey are not only widely spread but have also shown significant and rapidincrease globally.

Similarly, practice of juveniles involving in criminal acts and behaviours iscommon to all societies in the world, and the problem has become moresevere in contexts where they are not well managed as the society andtechnology advances. The magnitude of these problems, especially childabuse, is even more severe in the developing part of the world includingEthiopia.

This section of the manual discusses the general features of such problemsin the contemporary context of Ethiopia with the aim of enabling thetrainees to have the proper level of understanding of the state of theproblem in cotemporary Ethiopia. The contents are organised into two

State of the Problems ofChild Abuse and Juvenile

Delinquency in the ContemporaryEthiopian Context

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Lesson 2separate lessons where the magnitude of the problems, in general terms,and the specific forms of child abuses that prevail in the country arediscussed separately.

After working through the lesson in this section, the attendants will be ableto understand the factors aggravating the problems of child abuse andjuvenile delinquency in Ethiopia; to appreciate how diversified andprevalent the problem is; and to identify the corresponding implications tothe police.

Hint to the Trainer

Both lessons in this section are more relevant to those policeofficers who are involved in the roles related to child protectionthan others. However, in cases where it is not possible to take bothlessons, either of them can be chosen. Relatively, for those officerswho are manly engaged in child protection duties, the secondlesson is more preferable than the first when it is not possible orjustifiable to go in detail, for instance, trainees who are not directlyinvolved in child protection services, then the first lesson can beconsidered.

All of the lessons in this section are fully about practical issues, thereal state of condition of the problem in contemporary EthiopianContext. Accordingly, the methodologies which would be moreappropriate to deal with the lessons mainly include: ExperienceReview, Statistical Analysis; Review and Analysis of Case Stories.Specific application of these and other relevant approaches issuggested (where necessary) through out the lessons within thesection.


This lesson focuses on the general nature of the problems of both childabuse and juvenile delinquency while the next lesson specifically focuseson the specific problems of child abuse only.

The lesson starts by identifying and analyzing the state of conditions of themajor root causes and aggravating factors of both child abuse and juveniledelinquency problems in the contemporary context of Ethiopia; where thesocio-economic state of conditions that commonly describe the today’sEthiopian people and institutions and their implications to the problems ofchild abuse and delinquency are described and analyzed in general terms.

Then after, the lesson goes to the identification and discussion of themagnitude of the problems in general where the size and trends of thecases of child abuse and juveniles delinquency are analyzed and interpretedin detail.


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General State of theProblems in Ethiopia

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Hint to the Trainer

Identifying and understating the major factors attributed to becausing and aggravating the problems of child abuse and juveniledelinquency in the contemporary Ethiopian Context is the aimin this part of the lesson.

Accordingly, the discussions and activities to be consideredshould focus on describing the general state of conditions andthe corresponding implications of the following in today’sEthiopia: Economy; Education - literacy level; Culture -traditional beliefs, norms and practices; Demography;Urbanisation and infrastructural development; Migration -peoples movement; Globalisation effects; Politics andgovernance; Criminal justice institutions; Schools; Etc

Possible alternative methods to deal with the lesson may include:lecture; facilitated discussion in class - brainstorming; groupdiscussions; individual or group project papers; etc.


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Learning Outcomes

The main objective of the lesson is to help the trainees have a clear understanding of thescale of the problems of child abuse and delinquency in general. In completion of thelesson, the attendants should be able to:

1) Explain the implications of the contemporary Ethiopian socio-economic state ofconditions to the problem of child abuse and delinquency;

2) Describe the magnitude of the problems of child abuse and juvenile delinquency;3) Identify the general trends of both problems;4) Determine the relative position of the country regarding the problems of child

abuse as well as juvenile delinquency;

2.1.1 State of the Major Causal and Aggravating Factors

In the Ethiopian context, some of the major factors that have been correlated with childabuse and juvenile delinquency include poverty, illiteracy, recurring famine and drought,internal conflicts and wars, and high rate of population growth, and harmful traditionalpractices and beliefs. Poverty and harmful traditional practices are, however, the main causesand aggravating factors of the problems.

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Due to poverty and low economic development level of the country, most children inEthiopia are deprived of their basic necessities: food, shelter, health care and education.Poverty is a widespread phenomenon in contemporary Ethiopia. Almost half of thepopulation are assumed to live below the absolute poverty line. Such poor families areincapable of providing proper care and upbringing to their children. As a result, theirchildren are exposed to different forms of child abuse and neglect.

Moreover, many Ethiopian families do not practice family planning and have large families.This situation is incompatible with their low income. Consequently, since they cannotprovide for their proper upbringing, they tend to become careless and neglectful of theirchildren who in turn expose the latter to abuse and neglect.

To the contrary, most parents favour to have a large family and do not realize the adverseconsequences of involving young children to earn income through employment. Theemployment of children becomes an essential means of generating or supplementing familyincome. Such situation forces children to work in house holds as domestic servants, in smallenterprises or in street trades. At worst, they are drawn into such activities as begging,prostitution and drug trafficking.

Streetism is the most associated state of condition with the problem of child abuse anddelinquency. Various surveys indicate that most of the street children are migrants formthe surrounding rural areas in search of educational opportunities, employment possibilities,immediate relatives, etc. These children, mostly, come from broken families with very lowincome and had to depend, for their living, on what they could eke out from odd jobs in theinformal sector of the economy such as shoe-shining, casual labour, trading small items.Some are beggars and the majority of them live in very undesirable and dangerousconditions.

From the conditions aggravating the situation of street children and the gradualdevelopment of related problems, destitution of parents, the death of one or both parents,separation or divorce of parents, cruel treatment in the home, man made and naturalcalamities, the problem of school dropouts and unemployment, appear to be the majorcauses.

2.1.2 Magnitude and trend of the Problems

State of the Problem of child abuseThe actual number of cases of child abuse and neglect in Ethiopia for any specific periodis not accurately known. The few available data in this problem area suffer from a numberof shortcomings. First, their coverage is limited. They are based on investigations on onlyfew localities and limited samples to be conclusive enough. Second, they are mostly directedat identifying the conditions of the victims than establishing empirical data on the magnitudeof the problem. Third and most importantly, due to various reasons, most child abuse crimesare neither reported to the police nor are most victims willing to tell that they have beenabused.

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Nevertheless, the scanty statistical information and few studies available on the subjectindicate that the problem of child abuse in Ethiopia is not only wide spread but alsoincreasing rapidly.

The records of the Child Protection Units (CPU) in Addis Ababa indicated that the numberof offences against children reported during the three years between 1989/99 to 2000/01are totally 10, 918. Such CPU centres were existent on only 10 police stations, out of the28 in the City, and the data indicates the number of reported cases only to these centres. Itis not so difficult to imagine how big the number of cases could be if the records of allpolice stations are organised. The national crime statistics report from the Federal Policeindicates 1292 cases of homicide, 5283 cases of sexual abuses, and 36295 cases of assaultand injury against children were recorded within 4 years between 1999/2000 to 2002/03.

The State of the Delinquency Problem The problem of juvenile delinquency in Ethiopia is not studied widely. According to the fewstudies/literatures available, the problem of juvenile delinquency is seen with the growth ofmajor towns since the 1940s (beginning from the invasion of Italy).

Today, the problem of juvenile delinquency is not limited to few big towns, but it isbecoming a serious problem in the major urban areas of all the regions. Police statisticsshow that the rate of juvenile delinquency is increasing at a very great alarm. For instance,the numbers of delinquents detected by the Addis Ababa police since the year 1997/98 upto 2003/04 have increased at an average rate of 10-15% approximately each year. This showshow the problem becomes rampant. If it was not for the fact that he police do not recordmost cases, the problem would have been even greater.

With regard to the type of offences committed by juveniles in the city, based on the samerecords, assault stands first while various thefts, violation of regulations and social-relatedoffences account from second up to fourth respectively. This shows that most of theproblems are violence and stealing.

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The primary aim here is to encourage the trainees toappreciate how serious the problem is by having a clearunderstanding of how big the problem is now and to whatextent it is changing over time.

Thus, the activities and discussions to be considered shouldfocus on determining and analyzing: -

1) The size of the problem - the total number of cases ofabuses and delinquencies at different times; for instancebefore 10 years, 5 years and now;

2) The direction of the trend - whether the size of cases isincreasing or decreasing over time;

3) The rate of change - the extent of growth or reductionseen;

4) The size and trend of the cases of child abuse and juvenileoffences relative to other crimes committed on adults andby adults;

5) The size and trend of the cases in Ethiopia in relation toother countries;

6) The reason for the increasing or decreasing trends;

To properly apply these, the necessary data needs to befound. Therefore, it becomes important to try hard to findas much as available and possible data from various sources.Alternatively, you may make the analysis yourself orencourage the trainees to do so by making the data available.

Hint to the Trainer


The problem of child abuse and juvenile delinquency is a common problemof all the societies of the world; it is not unique to specific countries.However, the scale of the problem is relatively larger in the countries withlower socio-economic development.

In Ethiopia, as in most other developing countries, the problems areserious. Specifically, the problem of child abuse is rampant. All of thesocio-economic states of conditions are explainable as root causes and/oraggravating to the problems of child abuse are not only existent but alsoare worst in Ethiopia.

Child abuse and juvenile delinquency is the problem ofall of the contemporary societies.

The problem of child abuse and juvenile delinquency inthe contemporary Ethiopia is severe and increasing too.

Poverty, illiteracy, and harmful traditional beliefs arethe most aggravating factors of the problem in today’sEthiopian context.

Summaryand

Key Learning Points

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In this part of the lesson, the natures of each specific types or forms ofchild abuse which are common in Ethiopia are discussed separately. Theforms of abuse addressed include corporal punishment, sexual abuse andexploitation, neglect and abandonment, labour exploitation, drug addiction,abduction and trafficking, unlawful marriage, female genital mutilation, andother harmful traditional practices. The discussion covers thecharacteristics, causal and aggravating factors, victims, perpetrators, theintensity and the trend of each type/form of abuse.

This detailed way of looking at each of the prevalent types of child abuseis believed to enable the trainees to better understand the nature andmagnitude of the problem.


Most Prevalent Types ofChild Abuses in Ethiopia

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Learning Outcomes

The lesson generally aims at helping the trainee to clearly understand the main features ofthe most prevalent types of abuses committed upon the children of contemporary Ethiopiaand to the corresponding roles of the police. In completion of the lesson, the attendantsshould be able to:

1) Tell the types/forms of child abuses most prevalent in Ethiopia;2) Describe the specific characteristics, root causes and contributors to each form

of abuse;3) Identify the most common perpetrators and victims of different forms of abuses;4) Discuss the magnitude and trend of each form of abuse;5) Identify the specific legal instruments and articles that declare the criminality of

each form of abuse, and the corresponding penalty that follows the perpetrator; 6) Explain the measures that the police, as an institution, shall and can take towards

controlling each form of abuse, and the specific role he/she shall/can playcorrespondingly.


Hint to the Trainer

Before you start dealing with the specific types of abuse, it isbetter to, first, invite the participants to identify and describe thetypes/forms of child abuses commonly seen in theircommunities based on their own experiences. This may be betterif it is done by being in different groups where participants fromrelatively similar contexts like cities, pastoral communities,culturally identical communities, etc are brought to be in the samegroup. The groups should, at least, identify and describe the kindsof child abuses most prevalent in their respective communities;explain what they believe are the major causal factors for eachkind of abuse; and indicate the priority order of the kinds ofabuse based on their magnitude. The facilitated discussion thatyou would do based on the outcomes of participants’ work andpresentations will have many benefits which include thefollowing, for instance:

- Provides contemporary information that helps to validate whatis included here in the manual about common forms of abusein the country;

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- Enables to identify more forms of abuses which are notincluded here in the manual;

- Helps to get more information about which form of abuse ismore prevalent in which geographic and socio-culturaldomains;

After you are through with the above processes, having therefreshed information, you can continue to the one by onediscussion of the forms of abuse. The activities and discussions,in this phase of the learning process, should focus on descriptionand analysis of the following aspects of each type of abuse.

1) The Act - Meaning and features of each type of abuse: itsdefinition or conception; the manner in which it is executed,different specific forms of abuses which fall under thatcategory; observablity of act and effects; magnitude and trendof the abuse; etc

2) Victims: - State of condition of the children most prevalentto the specific type of abuse: age, sex, family background,health, schooling,

3) Perpetrators - State of condition of the adults who mostlycommit such abuse: personal conditions like age, sex, health,background, etc; relationship to the child;

4) Context - temporal and spatial state of conditions where thespecific form of abuse commonly occurs:- places/locations;times; institutional setups; communities; situations in whichthe abuse is perpetrated; etc

5) Reasons and Causes: - the exposing factors from the child’sside; the direct reasons from the perpetrators side; generalroot causes; exposing or aggravating circumstantial factors;

6) Consequences: negative effects of the abuse on the child; thechild’s family; the general community;

7) Laws - relevant legal provision that incriminate the act and/orprovide protection to children from such forms of abusiveacts:- instruments, articles, provisional statements;punishments; etc,

8) Counter Measures - the measures (both proactive as well asreactive) that helps to reverse the problem: generally helpfulstrategies; specific measures the police can and should take;critical review of the contemporary practices and level ofperformances of the police; future directions; specific rolesthe trainee group can play; etc


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The preferable approaches/methodologies in dealing with theabove listed aspects of each form of abuse include review ofrecords and reports, statistical analysis, review of real casestories, review of relevant legal instruments, and groupbrainstorming (specifically for focus point No. 8). Thus, you need toupdate your self by doing so before you start to deliver thelesson. In the course of the lesson, instead of you explainingeverything, it is highly suggested to encourage the participantsthemselves to do the activities of review and analysis. In suchcase, you should make sure that you are able to provide themwith the necessary source documents.

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2.2.1 Corporal Punishment

Children are maltreated in almost all settings, at homes, in schools, and in neighbourhoods.Corporal punishment for disciplining children is a widespread phenomenon in Ethiopiawhere it has anchored cultural background. The socio-cultural practices encourage physicalpunishment of children particularly by parents, teachers and adults who are close to thechild.

Pinching, slashing or beating with a piece of stick or leather cord are as well the majortraditional forms of corporal punishment. The punishment goes as far as forcing the childto inhale irritating fumes such as pepper and burning him/her with fire and hot metals.According to police reports, some parents and guardians burn the backs, hands and otherbody parts of children often for trivial faults. There are cases where child battering in thehome and at school had resulted in the death of children.

Studies indicate that most of the physical abuses in this form are perpetrated by parents andclose family members. For parents or other members of the family, the main reason forcommitting abuse is allegedly for disciplining the child. In Ethiopia, disciplining childrenthrough punishment is a long-standing traditional belief and parents who punish theirchildren do not realize the result of the physical punishment until they see the damage it hascaused.

The effects of corporal punishment for disciplining a child, in addition to the harm inflictedon the child, also leaves deeply felt regrets and psychological scars on the parents and thefamily. The number of children who are disabled or who have died due to the physical abuseperpetrated by the family in the name of discipline is quite large. From the perspective ofour culture since a mother who talks about death or disablement of her child is directlyaccepted and not a suspect, there is usually no one who tries to investigate the cause of thedamage or death of the child. Consequently, it is possible to estimate that a lot of abusescommitted by the family remain unknown.

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Parents have the natural and legal responsibility for the proper upbringing of their children.As prescribed by Article 636 (1) of the civil code:

“spouses shall cooperate under the guidance of the husband, in the interest of the family, to ensurethe moral and material direction of the family, to bring up the children and to prepare for theirestablishment”.

This implies that the parents are responsible to provide for the proper upbringing of theirchildren, fulfil their basic needs for growth and development, and prepare the pre-conditionsnecessary for their future establishment etc.

The extent of the measures for disciplining children by parents is prescribed by law. Thenew penal code in Article 576 rules that “whosoever, having the custody or charge of aninfant or a young person under fifteen years of age, deliberately neglects, ill-treats, over-tasks or beats him in such a way as to affect or endanger gravely his physical or mentaldevelopment or his health, is punishable with simple imprisonment not exceeding 3 months.The court may in addition deprive the offender of his family rights.”

2.2.2 Neglect and Abandonment

Child neglect’ is defined as failure to provide or protect a child. Not to provide basicnecessities like food, fluids, health care etc., to deprive love and care, abandoning a child andthe like are examples of child neglect.

The causes of child neglect and abandonment include poverty, backward child rearingpractices like ignorance and apathy, having too many off-spring, divorce, unwantedpregnancy, pre-marital sex resulting in child-birth, and lack of family support. Animosity ofparents and the community towards girls giving pre marital birth can also be an aggravatingfactor.

There are two categories of child abandonment: infant abandonment and children forcedout of their homes for various reasons. Various studies indicate that infants are abandonedin the cities by parents who give birth out of wedlock, teenage girls who started sex beforeadolescence, prostitutes, female street children and female domestic workers. The infants areusually abandoned in hospital compounds, churches, bus stations, train stations, and aroundwelfare organizations where people see them within short period of time before beingharmed.

Abandoning newly born children has become a rapidly increasing social problem inEthiopia. Similarly, many children are also being forced by their parents or guardians toleave their homes and go on the streets.

Neglected and abandoned children could be physically, emotionally and psychologicallyharmed because they lack the care and provisions necessary for their proper development.

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In addition to this, they may get abducted to be used for the purpose of begging or labourand sexual exploitation.

Failure to maintain and failure to bring up are offences punishable under Amended Penal Lawof Ethiopia, articles 658 & 659. In the case of failure to up bring, the court may, in additionto ordering imprisonment or fine, deprive the offender of his/her family rights.

Abandoning a child is tantamount to infringing the right of the child to life which isprescribed in Article 15 of the constitution of the FDRE. Under the revised Penal CodeArticle 574, abandoning or intentionally exposing and thereby putting the life or health ofa person in ones charge or custody in an imminent danger is punishable with a maximumsentence of 5 years.

Article 576 of the Penal Code punishes a parent or the person exercising paternal authoritywho, for gain or in dereliction of his duty, grossly neglects the children under his charge andabandons them without due care and attention to moral or physical danger.

Failure to register a new born child in accordance with the law is punishable with fine notexceeding 500 birr or simple imprisonment up to one month. In the same provisions of thelaw, a person who fails to report to the authorities a newborn child he/she has foundabandoned is liable to similar punishment. [Art 656, revised Penal Code]

2.2.3 Emotional Abuse

In the Ethiopian culture, as in most other cultures, children are taught to respect adultsstarting from early childhood. However, very little consideration seems to be given to theneeds of children for being respected as human beings. On the contrary, it is usual for childrento be disgraced, insulted and humiliated in the name of discipline or just because they aresmall and defenceless. Most traditions do not allow children to eat on the same table withadults let alone express their views and feelings. Children’s opinions are rarely given weightby adults since it is customary to degrade and look down upon children. Children areconsidered inferior in most families and are treated as second class family members, onlyparents and elders get good treatment and respect for their honour and feelings.

As a result of such traditional beliefs, children lack not only proper care, but are alsosubjected to abuses which affect their mental development and health.

Although it is widely practiced, emotional abuse goes unreported in a majority of the cases.It is not getting due attention due to the fact that it is not easily observable physically andits effects are not immediate. It attracts the attention of third parties only when it results inovert harm on the child.

Insults, defamation’s, offensive behaviour, scolding, belittling etc. are offences not onlyagainst the human dignity of the child, but are also actions which affect his/her properupbringing by making him/her develop a negative attitude and hatred and to look down onother persons.

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2.2.4 Labour Exploitation

Unfortunately, in Ethiopia, like in most other developing countries, many children are forcedto work beyond their capacity by being engaged in farming, fetching water, weeding, fetchingwood and other household chores. Many children are also engaged in petty trades and otherstreet based menial work to gain income for supporting their families.

ILO estimates in 2001 indicate that 62.4% of children aged 10-14 are economically activein Ethiopia. Children are engaged in economic activities as early as the age of 5. The estimateindicates that 38.9% of children aged 5-9 are economically active.

Involvement of Children in wage employment entails the exposure to accidents, harm, andexploitation. The exploitation of child labour is, however, a long standing problem. Manychildren are engaged in activities where safety and working conditions are belowinternational standards.

The problem of child labour and exploitation is widely prevalent both in rural and urbanareas. In the rural areas, children are not limited to working on family farms alone. Othersalso employ them with low wages. Studies indicate that children below the age of 14 yearsmade up about 60% of the agricultural wage labourers with lowest age being six years andhours of work extending to about 14 hours a day.

In the urban areas, children are engaged both in the formal and informal sectors. Studiesshow that child labour and exploitation are observable in privately owned, small-scaleenterprises of construction, wood, and metal works, shoe factories, garages, transportenterprises and food and drink establishments. In these enterprises, children below the ageof 14 were employed at extremely lower wages than adults and work for longer hours thanthe normal daily working hours (8 hours), including weekends and holidays. They workunder the conditions which pose risk to their health and safety and affect their physical andmental development.

Those who are exploited by outsiders are among the most unfortunate. There are cases ofchildren who are forcefully carried off or deceived and taken to far away places where theyare sold or made to serve their abductors. After children are abducted, they are usually soldto people who exploit their labour freely. Most abducted male children become farmworkers or weavers while female children become housemaids or barmaids. Smaller childrenare also taken away by strangers, rented or bought from abductors to be used as sympathygaining device for begging.

Among the urban informal sector child labourers, street children are most significant. Streetchild labourers are mostly engaged in shoe shinning, vehicle guarding, porter, taxi boys(woyallas), selling, taking errands, begging, daily labouring etc. Since street children areinterested in earning their daily bread they do not give attention to the exploitation they areexposed to.

The problem of child labour in both rural and urban areas is primarily caused by povertyand unemployment. More aggravating factors also include perceptions, customs and

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traditions that consider labour as a good character building and skill developmentmechanism and children as “gift of god” to help and care for parents; limited educationalaccess; backward and labour intensive agricultural practices of the rural population;migration and urbanization; insufficient awareness on the consequences of hazardous labouron children; employers seeking cheap and easy to manage (hire and fire, flexible) labour; etc

2.2.5 Sexual Abuse and Exploitation

Child sexual abuse takes place when an older person for his or her own sexual stimulationon gratification uses a child. Sexual abuse may appear in different forms like prematuremarriage, rape, child prostitution and abduction. Child sexual outrage may take differentforms the common ones being genital fondling, oral sex, masturbation, homosexual acts andvaginal penetration.

Sexual abuses of children are violent, devastating, and humiliating and severly harm thevictims physically, socially and mentally. They can result in various problems both on thevictim and on the society as a whole. On the part of the child victim, the consequencesinclude: physical damage e.g. Fistula; infection with STDs, including HIV/AIDS;psychological trauma - distorted views and feelings regarding sexual intercourse; prematurepregnancy and childbirth etc.

Many study reports indicate that rape, premature sexual intercourse, and deflowering arerampant in the rural areas; and the majority of such cases are unreported. The problem ofchild sexual abuse was not a visible problem in the past due to the strength of the culture andmorality of the society. At present, however, available data indicate the gravity of the problem.From the total of 10, 918 cases of abuses reported to the CPUs in Addis between 1998/99to 2000/01 579 (5.3%) were sexual abuses. The national crime statistics indicates that fromthe total number of sexual offences, about 40% of rape cases and 75% of other forms ofsexual abuses are committed on children. This does not portray even the tip of the ice-berg.

From the findings of many studies conducted it can be deduced that the problem of childsexual abuse is on the rise partly accounted by the change in the culture due to the influenceof wide distribution of pornographic films, the increase in the number of street children,and other similar factors. Factors, which aggravate child sexual abuse, also include thealcoholism, drug addiction, and deviant behaviour.

Although victims of child sexual abuse are mostly female, the numbers of male child victimsare also increasing from time to time. Homosexual acts are occasionally performed on malechildren especially in prisons, remand homes, and boarding schools. However, with increasednumber of tourists and other foreigners coming, especially from developed countries wherehomosexually widespread, more male children are becoming victims of homosexual abuses.

Children are sexually abused by family members and other person known to them, relatives,neighbours, teachers, friends, employers, caretakers etc. Besides their physical and mentalimmaturity, the formal attachment and close relationship to such perpetrators make childreneasily coerced into sexual acts.

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Besides the family and homes, schools are seen to be one of the most common undertakingsexposed for child sexual abuses and exploitation. In and around many of the schools, thereis a serious problem of sexual nature against female students, especially involving coercion,by fellow male students, street gangs, and people who hang around schools. Accordingly, theuse of threat and physical abuse (beating, snatching exercise books, etc.) are also common.Sexual harassment of girl students by teachers, school staffs, and students can cause lowinterest of girls in education which often leads to school dropout. This exposes the girls toworst state of conditions which includes prostitution, exploiting labor, trafficking, etc.

Child prostitution, being another form of child sexual abuse, is one of most prevalentantisocial and immoral phenomenon in contemporary Ethiopia, and it is exposing manyyoung girls for sexual abuses and exploitation. Child prostitution is, especially, widespreadin major towns where state administrative, military and commercial activities are entered.

Child prostitution as child abuse: in many jurisdictions children involved in prostitutionhave been treated as criminals. Police, along with other agencies, are increasingly recognizingthat prostitution is a form of sexual abuse, and both customers and facilitators (if there areany) are sex offenders. Some have extended this to pro-active multi-agency working whichseeks to detect children and provide them with effective exit routes. Children, in thissituation, must be treated as being in need of care and protection or as victims/survivors.

The major types of child prostitution that are manifested in the major towns of Ethiopiainclude: independent prostitutes comprising of children operating on the streets, from smallbooths, streetwalkers and those who hang out at the nightspots and high profile hotels;working prostitutes operating in bars and hotels; and semi prostitutes comprising those whosimultaneously go out with regular customers expecting benefits in kind, clothing, jewellery,transportation, gifts etc. Most schoolgirls engaged in prostitution fall under this category.

Young girls are also exposed to sexual abuse and exploitation through enticement thatinvolves giving presents/gifts, invitations, promise of marriage/lasting relationship, etc.Adults and youth from better off families, often, try to manipulate school girls, often thosefrom destitute families, by promising marriage, or giving gifts, or meeting certain materialneeds of the girls.

Child sex tourism is another aspect of child prostitution in the rise. It has become apparentthat tourism targeted at child prostitution is at the increase in many parts of the worldincluding Ethiopia. Child pornography and computer solicitation are new phenomenaparticularly with the mushrooming of “video-shops” and expansion of internet connectionin Ethiopia which need due attention as a growing concern. Coupled with other economicand social factors, high drop out rate of girls from school is one major factor to theincreasing number of children engaged in commercial sex work.

Sexual abuse (offences as well as exploitation) is a serious crime against people and declaredto be punishable by the law. According to the provisions of the new penal code in Articles620-628, offences against morals and the family such as seduction, rape, unnatural carnaloffences, and the like are punishable by law. As specifically declared in Article 626 and 627,

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sexual outrage on children is punishable with rigorous imprisonment from three to twentyyears if committed on minors between the age of thirteen to eighteen, and from thirteento twenty-five years if committed on infants under the age of thirteen.

The following are the different forms of sexual offences as categorised by the law:

� Rape committed on a girl child of 13-18 by a person of the opposite sex will resultin an aggravated case punishable with rigorous imprisonment up to 20 years. (Art620(2)(a). Other than young age of the victim, one of the aggravating circumstancesis the commission of the offence on an inmate of alms-house, asylum, hospital, anyestablishment of education, correction, internment or detention under thesupervision or control of the accused person, or on a victim who is dependent onor is under the direct control or custody of the accused.

� Sexual intercourse with a girl of 13-18 years by a person of the opposite sex will bepunishable with a rigorous sentence of 3 to 15 years regardless of the consent of theminor for the act. (626(1)) The punishment will be aggravated to 20 years in the caseswhere the victim is the pupil, apprentice, servant of the offender, or is in any otherway directly dependent upon or subordinate to the offender. The person to be putto punishment is the off age person who had sexual intercourse with the under age.The infant or young person who was the victim of sexual violence is not liable topunishment. But if it was a minor who had committed the offence, the generalprovisions on infants and young offenders will be applicable on such minor.

� A sexual act with a boy of 13-18 by a person of the opposite sex is punishable witha maximum rigorous imprisonment of 7 years. (626(2))

� Commission of a sexual intercourse on a female child below the age of 13 ispunishable with rigorous imprisonment of 15 to 25 years. (627(1))

� Commission of a sexual intercourse on a male child below the age of 13 is punishablewith a rigorous sentence of 10 years. (627(2))

� Any sexual act on a male minor of age 13-18 by a person of the same sex shall bepunishable with a rigorous imprisonment of 3 to 15 years. (631(1)(a))

� Any sexual act on a male minor below the age of 13 by a person of the same sex shallbe punishable with a rigorous sentence of 5 to 25 years. (631(1)(b))

� Any sexual act on female minor by a person of the same sex shall be punishable witha maximum rigorous sentence of 10 years.(631(2)

Moreover, the above direct acts of sexual offence, other acts that may contribute to sexualimmorality and aggravate the problem of child sexual abuse are punishable by the law.Accordingly:

� Exploiting the prostitution of others directly or by keeping a house for suchcommerce is punishable. The punishment is simple imprisonment and fine [Article634 of the revised Penal Code].

� A sexual act or any performance against good morality and behavior in a publicplace is punishable with a simple imprisonment of three months to one year or a fineof 1000 birr. If the offence was committed in the presence of a minor, the

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punishment increases to a minimum of 6 months and a maximum of 5years [Article639 of the revised Penal Law].

� A person who makes, imports, exports, transports, receives, possesses, displays inpublic, offers for sale or hire, distributes or circulates… obscene or indecent writings,images, posters films or other objects is punishable with simple imprisonment ofnot less than six months and a fine (Article 640). If such objects were exhibited,delivered or handed over to underage persons, the penalty is simple imprisonment ofnot less than one year and a fine upto ten thousand birr [Article 640(2) (b).

� Offering for sale, lending, giving or displaying of writings, images or other objectsthat have the effect of unduly stimulating, misdirecting… sexual desires in minors,or that arouse …antisocial behaviours in minors is a criminally punishable act. Theincriminating object may be forfeited where appropriate and the responsible personsubject to imprisonment of not less than six months and not more than three years[Article 644, revised Penal Law]

2.2.6 Addiction to Drugs and Dangerous Substances

In Ethiopia, drug trafficking is not yet a serious problem. However, some data indicatethat, especially in Addis Ababa, local addictive substances are being sold illegally and usedmostly by youth. It is known that many street children engage in sniffing benzene and otherchemicals. Such abuses could result in drunkenness and excitement for committing criminalacts, unconsciousness, death, addiction, and psychology of a criminal.

Street Children are one of the Highest Risk Group for Drug and Substance Abuse. Other children whoare easily exposed to the problem include those who work on the street, curtailed theireducation by stopping to attend school, live in localities where cheap liquor and drinks likeAraki, tella etc, are sold.

The reasons to enter into the addiction include seeing others doing it, to enjoy the temporarysense of happiness, freedom and excitement, to prevent hunger, to withstand the cold, etc

Places known to be suitable for the access and use of addictive stuff include fuel stations,sleeping places of street children, circles in intersecting roads which are covered by trees orother shrubbery, residential areas with a series of houses without dividing fences,overcrowded low income residential areas, houses/shops which sell local beverages such as‘Tella’ and ‘Araki’, etc.

Concerning the mode of intake, though there are many methods of taking addictive drugsand dangerous substances, those mostly used by children are the following: chewing,smoking, sniffing (right from the container, wetting clothes, burning the container etc).

Symptoms which can be seen/noticed from the children who has taken or became addicted tothe abusive substances include smell, dryness and lacerations around mouth and nose, remnantsof the addictive substance or fluid, excessive courage, isolating oneself and loneliness, lack ofphysical balance, lack of concentration, lack of or diminished appetite for food, etc.

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2.2.7 Abduction of Children

The aim of the persons who abduct children could be to engage them in begging, exploittheir labour, and to threaten their families and accept money for their release. Children whoare exposed to abduction for the purpose of getting money for ransom are usually thosefrom rich families; which is not a significant problem in Ethiopia.

At present, the most visible form of abduction of children is to use them for the purposesof begging. Children who are sought for this purpose are those who are in infancy. Personswho abduct such children also inflict physical damage on the children. Police records revealthat children who become victims of abduction get maimed and impaired for the solepurpose of begging. Sometimes, it has been observed that even parents have causedphysical disability on their own children to make them more pitiable and fit for begging.

One contributing factor for the problem of using children in begging is the giving of morealms, by the people, to a person who is holding a child than to a beggar who is not holdingone.. As beggars with a child are mostly considered as having more problems and so theyare given alms, this has encouraged female street children to be engaged in begging to begetmore children. This had created a vicious cycle of creating more beggars and street children,thereby, aggravating the prevailing social problems.

Children abducted for purposes of exploitation of their labour are mostly female childrenwho are in their teens and in position to provide service. The abductors can exploit suchchildren by having them employed as domestic workers elsewhere or by making them workin their own house. These children are exposed to starvation, confinement, physical violence,and overwork. In the case of girls, the most distressing experience they face is sexual abuseand exploitation.

Articles 589 and 590 of the Penal Code rules that whosoever carries off, abducts, orimproperly detains an infant or a young person is punishable with rigorous imprisonmentof 5 to 15 years.

2.2.8 Child Trafficking

Trafficking is another major problem which is closely related with child labour and sexualexploitation/prostitution. It involves the practice of enticing young children from theirhomes through promises of rewarding jobs, sending them abroad, or bringing them tourban areas. These children, often, end up in the life exposed for various forms of abusesand exploitation. Girls, often, end up in prostitution.

Over the past years, horrifying cases of trafficking have surfaced to indicate that Ethiopiais one of the countries of origin for internationally trafficked persons, especially women andchildren. Luring women and children across national borders has recently become acommon trend. Most are recruited for domestic work in the Middle East, particularly inLebanon, Bahrain, Saudi Arabia and the United Arab Emirates.

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According to the Study on the Magnitude of Women and Children Trafficked outsideEthiopia (IOM & USAID 2003), Ethiopian victims of external trafficking suffer varioushuman rights violations including starvation, confinement, long hours of work and denialof salary. They also experience sexual abuse and exploitation, emotional and physical abuseincluding physical torture, false accusation, incarceration and even homicide. Many casesof insanity and trauma were reported to authorities. The most terrible fact of all is that asignificant number of death cases were reported.

Similarly, in-country trafficking of children is becoming a serious problem in Ethiopia. Thefindings of the Study on the Magnitude of Women and Children Trafficked within Ethiopia(USAID, 2003) revealed that most of the trafficked respondents were children aged 10 to 18.They were victims of coercion or deception that resulted in exploitative working conditions.Brokers and/or pimps traffic young girls from rural areas to gain income from bar ownersand ‘balukas’ or brothel owners who exploit the girls by engaging them in sex work.

Children also migrate from the rural areas in search of educational opportunities and abetter life while some are taken to urban centres and promised to be taken care of byrelatives or friends of their parents. Moreover, female children having run away from familyviolence, arranged marriages or intolerable marriages through abduction or early marriage,are also found in urban settings.

However, when these children reach their destination, many are faced with agonizingconditions that include emotional and physical abuse, hunger as well as sexual abuse, andexploitation. A large number of female children who migrate to cities end up as housemaidsand are obliged to toil for long hours.

In fact, most of these children get physically and emotionally maltreated by their employersas well as being denied of their salary. Many also experience sexual abuse by the malemembers of the households they serve from which they finally run away to the streets.

Trafficking in women, infants and young persons to make them engage in prostitution ispunishable with rigorous imprisonment not exceeding five years and a fine not exceedingten thousand Birr (Article 635 of the revised Penal Code). The offence becomes aggravatedwith a penalty of three to ten years of rigorous imprisonment and a fine of 20,000 EthiopianBirr when the victim is a minor.

Trafficking in women or minors for labour purposes is punishable under the amended lawwith a rigorous imprisonment of 5 to 20 years and a fine of 50,000 Birr [Article 597]. Theprovision includes internal as well as external trafficking.

2.2.9 Female genital mutilation (FGM)

FGM is the practice of cutting the female sexual organ. It has two forms: circumcision andinfibulation. Circumcision, being a minor form of the FGM, involves cutting of the clitorisand, sometimes, the labia. Infibulation, being the grave form of FGM, is the practice of partiallystitching together the labia, often after excision of the clitoris, to prevent sexual intercourse. FGM is practiced throughout Ethiopia both by Muslims and Christians. About 80% of

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Ethiopian women are believed to have undergone FGM. It is typically high in rural areas andsevere among Afar and Somali communities. It is uncommon only in very few communitieswhich include Gamo, Bengas (Wollega), Gambella and some parts of Gojjam. The trend isseen to be significantly minimising in larger cities and among educated families.

The cause of this problem is the traditional belief that promotes the reduction of futuresexual desire of children so that she can preserve her virginity until marriage and ensure herfidelity during marriage. Wide spread acceptance of such traditional belief and theconsequent negative social reference on uncircumcised/uninfibulated women, added to the'male chauvinism', is contributing to the continuation of the practice.

The negative effects of the practice of FGM include bodily injury and harm, loss of propersexual feeling and satisfaction, difficulty of giving birth, possible infliction by transparentdiseases like HIV/Aids, etc. As non-medically professional individuals usually do it intraditional manner, it can lead to death from bleeding.

The practice of FGM is against the people's rights to safety and, hence, is illegal andpunishable. According to the new penal code, Articles 565 and 566, circumcision of awoman of any age is punishable with simple imprisonment of not less than three monthsor a fine of not less than five hundred Birr while infibulation is punishable with gregariousimprisonment from three to five years, if injury to body or health has not resulted, five toten years where injury to body or health has resulted.

2.2.10 Unlawful Marriage

Early Marriage:

There are two major forms of marriage which are not confirming to the relevant laws andCRC principles: Early Marriage and Marriage by Force.

There is a widely seen cultural practice of arranging/giving away young girls in their teensby parents, especially in the northern part of Ethiopia. Surveys indicate median age ofmarriage is 16 and Girls as young as 9 and 10 are given off in marriage in some areas.Obtaining economic and social benefits by parents is one of the major factors contributingfor the continuation of the problem.

Early marriage can lead to many health problems. The most sever one of such problems isfistula. The report from the Fistula Hospital in Addis indicates that about 1000 patients aretreated every year. Estimating the possible number of those who couldn't get access to theHospital helps to imagine how big the problem is. In addition to the physical consequences,other forms of repercussion associated to early marriage includes dropping out of school,hard labour and responsibility beyond her age and maturity, inability to maintain a sustainablemarriage, and being forced to migrate to towns/cities.

As prescribed in the revised Family Laws, the minimum age of marriage is 18 for both girlsand boys, with the exception of Tigray, where it is 22 for boys. According to the new PenalCode, early marriage with a minor is punishable. It results with rigorous imprisonment of

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up to three years where the age of the victim is thirteen years or above, and up to seven yearswhere the age of the victim is below thirteen years [Article 648].

Marriage by pressure

This refers to the practice of contracting marriage by force, intimidation, trickery or deceit.Abduction is one form of such practice where a girl is kidnapped and forced into marriage.Abduction is a traditionally accepted practice in different parts of Ethiopia. Malechauvinism, inability to bear formal marriage expenses, etc can be aggravating factors forsuch problem.

Abduction of female children is an affront to their human rights (crime against people) andresults in serious consequences such as obstetric fistula; stillbirth or maternal deaths; andmore emotional and psychological consequences that can last long through out the child’sremaining life. The abduction process can involve violent confrontation between familiesand communities, and, accordingly, often, leads to other serious crimes.

This act is considered illegal by Article 34 (3) of the constitution of the FDRE and takenas criminal offence in the penal code. According to the new penal code Article 587 (1),whosoever carries off a woman by violence, or after having obtained her consent toabduction by intimidation or violence, trickery or deceit is punishable with rigorousimprisonment of three to ten years. If the abduction was followed by rape, the offender willbe charged for the concurrent offences of rape and abduction.

2.2.11 Body Cutting and Infliction

Cutting and inflicting a Child’s body is one form of the widespread and traditionallyaccepted harmful practice in Ethiopia. Examples of such practices include cutting of theuvula, skin cutting, extraction of the milk teeth, incision of the eyelid or other parts of thebody, incision of the lips which are then loaded with small clay plates; excision of nails,cauterisation; etc. The type of inflicts and the degree of the practice differs among differentethnic groups.

The reasons for such harmful practices include beliefs of preventing or treating childrenfrom diseases by such practices as cutting eye lids and burning skins, beautification,identification marks of being member of a tribe, etc. Lack of awareness is the majorcontributing factor for this problem.

Resulting physical and mental harms through such types of traditional practices is a crimeagainst a persons' life and health, and is punishable with fine or simple imprisonment. Thereare two provisions in the revised penal law (articles 561 & 562) which states that 'to theeffect that whosoever, intentionally or by negligence caused death, bodily injury or mentalharm to a pregnant or a delivering woman or to a newly born child as a result of applicationof harmful practices such as massaging the abdomen of a pregnant woman, shaking awoman in prolonged labour, soiling the umbilical cord of a baby, keeping a newly bornchild out of sun, feeding it fresh butter, milk teeth extraction, ovulectomy … shall bepunishable with a maximum sentence of 6 months to 1 year of simple imprisonment.


In Ethiopia, the majority of the children live under extremely difficultcircumstances because of the widespread poverty and illiteracy.Consequently, most of these children become exposed to different formsof abuse and exploitation. The existence of many types of harmful culturaland traditional practices against children has also another aggravatingfactor.

Correspondingly, the forms and magnitude of the problem of child abuseis very high. The major forms of abuse which are most prevalent in thecountry include corporal punishment, sexual abuse and exploitation, neglectand abandonment, labour exploitation, drug addiction, abduction,trafficking, unlawful marriage, female genital mutilation, body cutting, etc

Children often suffer from violence perpetrated by the very individualsresponsible for their protection and well-being. These include parents orguardians, teachers, the Police and other law enforcement officials,employers and street gangs. Consequently, children are abused in the home,in orphanages, at school, in the police stations, in the juvenile and criminalcorrectional institutions, in war-affected zones, at the work place and on thestreets.

Forms and magnitude of abuses differ from one to another social andgeographic domain, and from one to another category of children. Forinstance, sexual exploitation and child abandonment are rampant in citiesand big towns while circumcision, unlawful marriage, and other harmfultraditional practices and more frequent in rural areas; younger children aremore victimised to corporal punishment while elder children are morevictimised to labour exploitation.

It is the duty of the police to protect children from all forms abuse. Allpolice departments and units, therefore, have to formulate and implementstrategies correlating to each specific form of abuse that prevail in thecommunities within their service domains.

Summaryand

Key Learning Points

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Module 4

FUNDAMENTALSOF

POLICING CHILD MATTERS Module

4

This module specifically focuses on the basic issues of policing childmatters. It generally aims at giving an overview of the police roles andrequirements: reminding that child protection is an integral element of thevery purpose of the police; providing justification and convincing why childprotection should be a priority area of policing; identifying and describingthe fundamental roles and functions of the police to protect children fromabuse as well as delinquency; making the governing principles andbehavioural standards of policing child matters understood and accepted;and reviewing the contemporary performances of the police in perspectiveagainst the principles.

The module summarises police duties, roles, functions and requirements,and, hence, it gives the basis/foundation for all the lessons of theforthcoming modules. What are addressed here in a nutshell are discussedand reviewed thoroughly in other modules which deal with the variousspecific functions of the police separately. Accordingly, the lessons in thismodule, dealt with in a detailed manner, can replace most of the lessons inthose modules in cases where dealing in a detailed manner with the specificlessons in the modules is not relevant or possible.

FUNDAMENTALS OF POLICING CHILD MATTERSModule 4

Introduction




The contents and structure of the issues addressed in the module are organized into twoseparate parts as outlined bellow.

Lesson One: Police Duty to Protect Children1.1 Policing and Children1.2 Police Roles and Requirements1.3 Review of the Contemporary State of Police

Lesson Two: Moral and Behavioural Standards of Policing Child Matters2.1 Meaning and Principles of Morality2.2 Morality and Policing2.3 Governing Principles and Standards in Dealing with Children2.4 The Practice in the Contemporary Policing in Ethiopia


Lesson 1

Police Duty toProtect Children


Getting the very reason of expecting the police to have a significant dutyin dealing with child rights and welfare as well as the scope of such dutiesand responsibilities understood and accepted by the trainees is believed tohave an encouraging effect on the officers to attend the training and to becommitted to apply the outcomes. This lesson is expected to serve thispurpose and is suggested to be dealt with before going further on the detailsof ‘what and how’ should the police do.

The lesson starts by discussing the relationship between the purposes andthe roles of the police and child protection and it continues by providingjustifications for the need of making child matter a number one priority inpolicing. Then after, it briefly defines the major roles of the police inprotecting children and the necessary preconditions which needs to befulfilled in order to perform the duties properly. It ends up by reviewing thecontemporary state of the police in Ethiopia against the principles raisedand the conclusions made.

Introduction


Lesson1


Learning Outcomes

This lesson generally aims at introducing the trainees with the magnitude and scope of theduty of the police to protect children. Incompletion of the lesson, the trainees should,specifically, be able to:

1) Explain why child protection should be the priority concern of the contemporarypolicing in Ethiopia,

2) Describe the scope of the police roles and responsibilities in dealing with theproblems of child abuse and juvenile delinquency;

3) Discuss the major preconditions expected from the police so as to be able to executeits roles properly;

4) Identify the gaps in the current state of the police with regards to the understandingof the duty, fulfilling the necessary preconditions as well as accomplishing the majorresponsibilities, and suggest corresponding measures to fill the gaps.


The lesson is generally relevant to be considered in all the training programs concerningchild rights and child protection. However, it may relatively become of more relevance incases of the management level training. The lesson can also replace the modules on thespecific functions of the police regarding child matters, i.e., Module 5, 6, and 7, in caseswhere the trainee groups are not specifically engaged in child protection services, forinstance, general leadership development programs. In such cases the lesson needs to bedealt with more in-depth to address the basic lessons from the mentioned Modules.

1.1 Policing and Children

The basic goal of childcare and protection work is to enable children to grow-up in an environment that is conducive to their physical, mental, and moralwell being and the respect of their inherent as well as legally provided rights.The achievement of this requires all components of a given society(governments, institutions, communities and families) to have well understoodand executed their roles.

The police, as a responsible government body for the public safety, has aprincipal liability for the prevention of child abuse. Children are the majorparts of the public to be served by the police.

Hint to the Trainer

This part of the lesson primarily focuses on convincing theattendants that child protection is a duty of the police whicheven needs to be given prior attention than other aspects ofpolicing functions.

Discussion will be held on the factors that justify the relevanceand prioriness of child protection. Modern concept of policing,size of child population, role of children in building bettertomorrow - place of children in the process of societaladvancement, greater level of vulnerability of children to beabused and to be offenders, magnitude of the problem of childabuse and delinquency, etc are focus.

You need to extend the points and discussions by providingmore illustrations - bringing more reasons/justifications fromthe lesson in the prior modules. Where the trainees have alreadydealt with the modules, you can encourage them to refer backto the relevant key lesson there. In cases where the traineeshaven’t taken those lessons, you should organise the relevantadditional information from such modules while preparing todeliver this lesson.


Lesson1


Children as Major Clients of Policing Service

The primary purpose of policing is to maintain the peace and the safety ofthe public in general. As this purpose is not discriminatory, every member ofthe public is the client of the service. Safety and security are conditions neededby all living persons. Apparently, youth are clients of policing service as theyare principal constituents of the general public.

Prioriness of Child Matters in Policing

Although everybody needs safety and security and wants policing services, the degreeof the need may differ among individuals and groups depending on the factorsspecifically characterising each of them. Youth are categorised to a group who has thehighest degree of need for policing. Accordingly, they should be given priority inrendering the policing service. Some of the factors that justify this are discussed below.


Lesson1


Their size:Youth, especially in developing countries, constitute the largest proportionof the population. The proportion of the population under the age of 18, inEthiopia for instance, is about half of the total population.

Their role:Continuous development of a society would be possible if the nextgenerations are able to acquire better knowledge and discipline than theirpredecessors. Therefore, any society that cares for its successors should haveto arrange conditions that are conducive to the physical, social, andpsychological development of its children who constitute the cominggeneration. This applies more to the economically backward societies whosecapacity to overcome underdevelopment in the future depends primarily ontheir human resource, and, thus, on the level of care and protection theyprovide for their children today.

Their Vulnerability:Juveniles are more prone to involve in the breaching of the law (becomeoffenders) and to be victims. The knowledge of children to realize their rightsand their capacity for the protection of their rights and well-being is lowcompared to other members of the society. As a result, they can be victimizedeasily and, therefore, need the protection and care of the police much morethan adult members of the public. The child’s lack of physical strength andmental maturity necessitates that he or she is to be provided special care andtreatment at all times and in all situations.

Intensity of the problem involving Children:As discussed in the previous chapters (Problems of Child Abuse and JuvenileDelinquency), the number and intensity of criminal problems involving youthas offenders and victims is increasing significantly in Ethiopia. Besides thesignificant increase in number, the types of offences, forms of offensiveexecution, and the resulting damages are becoming more complex and serious.These days, dangerous vagrancy, specially characterized by juvenile violenceand misconduct, is considered a number one threat of the public security inthe cities and big towns.

Hint to the Trainer

The primary aim here is to help the trainees understand what rolesthe police should play with regard to child protection and juveniledelinquency.

The activities and discussion should focus on defining the aspects andscope of the roles, outlining the major functions, identifying anddescribing the necessary preconditions which needs to be fulfilled toaccomplish the roles and functions satisfactorily.

A summary of such issues of focus is outlined below. However, youneed to develop additional details and illustrations. This will,specifically, be imperative if the trainees are not going to take thelessons in the forthcoming modules.

In cases where the trainees are going to take the lessons in theforthcoming Modules that deal with the police roles and functions indetail, what has been identified and discussed here should give basisto those lessons.

Please, be aware yourself about the difference between role and functionsor activities. Roles or responsibilities are higher-level purposes or aspectsof work while functions/activities are detailed list of specific tasks to bedone to accomplish the responsibility.

Brainstorming, group works, and discussions are more appropriatemethods to deals with this part of the lesson.


Lesson1


1.2 Police Roles and Requirements

1.2.1 Scope of the Roles and Responsibilities of the Police

Basically, police has a duty to prevent and investigate child abuse anddelinquency. It has an important obligation to enforce the legal rights ofchildren, to protect them from abuse and, when exposed to abuse, to facilitatethe administration of justice and to prevent and investigate juvenile offences.The tasks that the police should perform involve proactive as well as reactivestrategies. The former one relates to the measures taken for the prevention ofabuses and delinquencies while the latter refers to the measures takenfollowing the occurrence of the problem.


Lesson1


More specifically, the roles to be played by the police can be summarised as follows.

� Intelligence and Information - Identify all potential risks of child abuse and juveniledelinquency;

� Prevention - take preventive measures to protect children from abuses and offending;

� Protection and care - provide care and protection to children whenever necessary;

� Handling of children in conflict with the law - ensure the maintenance of the legalrights of the children who came into the justice system being alleged offenders;

� Case management - investigate the cases of child abuses and juvenile offences;

� Collaboration - assist the efforts of other organisations/institutions engaged in theimplementation of child rights and child protection services.

1.2.2 Expected Preconditions from the Police

In accordance to the special characteristics of children and youth, the police must fulfil thefollowing preconditions in order to discharge its roles and responsibilities properly.

� Have proper understanding of its role;

� Attain appropriate behaviour;

� Know what to do and how to do;

� Establish the necessary capacities;

As indicated above, children are the major recipients of the policing service that even needsto be given a prior emphasis. Having a proper understanding of this condition is the numberone precondition expected from the police. Besides acquiring the proper understanding ofthe role, the police needs to hold the behavioural standards expected from them inaccordance to the specific conditions of children and juveniles and the nature of the workinvolved.

Those preventive and investigative roles of the police involve an enormous amount ofvaried and detailed tasks. In order to properly perform these tasks, the police have to knowthe principles, process and procedures, tactics and techniques of performing such tasks,and need to be acquainted with the know-how of practically executing them.

Furthermore, it is imperative to have the specialised systems (institutional framework,people, procedures and guidelines, facilities and resources, etc) necessary to perform suchtasks of preventing and investigating child abuses and juvenile delinquencies.

Level 1

Aspects of the requirement

� Attitude & understanding

� Operational Competencies

Level 2

Basic Preconditions

� Policy & Standards� Strategy & Plan� Institutional Framework� Training & Development� Facility & Resources

Level 3

Operational Responsibilities

� Information� Prevention� Protection� Treatment & Care� Case Management� Collaboration

Framework of Police Roles and Requirements

The next diagram summarizes the roles and requirements of the police.

Hint to the Trainer

The main objective in dealing with this specific part of the lessonis to identify the gaps in the current state of the police withregards to the understanding of the duty and fulfilling thenecessary preconditions. The aim here is to help the attendantshave a clear understanding of the contemporary state of thepolice in dealing with the problems of child abuse anddelinquency in general terms. Whereby they can identify thestrengths and weakness in the practice and the measures neededto be taken correspondingly


Lesson1


1.3 Review of the Contemporary State of Police

So far in the lesson, we have learned about how the police should conceive the duty theyhave to protect children, their major roles and responsibilities, and the basic preconditionsthe police need to have in order to accomplish their duties with regard to child protection.This is all about ‘what should be’ in principle.

In this part of the lesson, we are going to see how far the police in our context is performingwith regards to those responsibilities, principles and standards. We will do critical review ofthe practices against the principles.

Lesson1


The lesson should focus on the state of condition during thetime the training is going on, not on what is described in themodule as what is in here may not correctly describe thecontemporary state of condition. Therefore, you need to updatethe information here by organizing the information on thecontemporary state of the police performance. You shouldencourage the participants to reflect on what is going on now.

The activities and discussion to be considered must emphasizeon the following points.

1) Role Understanding - How far is the duty of the police toprotect children and the prioriness of it correctly understoodby the Police institutionally as well as individually?Evidences/illustrating facts about the conclusion reachedshould be provided. What are the major reasons/causes forthe gaps in such understandings? What measures should betaken correspondingly to ensure that the police have acquireda proper understanding?

2) Fulfilments of the preconditions - How far are theprecondition that are known to be necessary to properlyaccomplish the duties of child protection fulfilled? Focus onsystem, capacity, training, policy and procedures. What isexisting and what is lacking? What should be done to fill thegaps? Who should assume what responsibility in doing so?

3) Role accomplishment - How far are the operationalresponsibilities of the police accomplished? Performancesand accomplishments with regard to the major areas ofresponsibilities are reviewed, i.e., prevention, protection,investigation, and collaboration. Evidences and illustrationsare given for each position.

The approaches, which may be appropriate to consider in dealingwith the specific lesson, include brainstorming in class or groupworks and discussions.

Here is a general description of the police state of condition during the time this manual isproduced. The detailed state of condition of the police performance will be reviewed indifferent modules in relation to the specific aspects of their roles and functions


1.3.1 Programs and Practices of Child Protection

The idea and practice of Child Protection is in its infant stage in the contemporarycontext of Ethiopia. A specific program on child protection was first initiated byForum of Street Children- Ethiopia (FSCE) in1996 in collaboration with Save theChildren Sweden and the Addis Ababa Police Commission by the establishment ofChild Protection Units (CPU). The program was first commenced in five Woredapolice stations as a pilot project and is currently extended to more police stations inthe city as well as to some regional towns including Dessie, Nazareth, Diredawa,Bahirdar, Awasa, Soddo, etc.

However, the development is very low even though the existing systems andthe strategies of almost all the police commissions including Federal Police hasbeen reviewed after the inception of the specific program. Nevertheless, noneof them are seen to address the issue of child abuse and juvenile delinquencyas a matter of special priority.

So far, the child protection programs, let alone being the area of a priority, arenot even seen to be integrated as part of the whole policing system andstrategy of the police in general. The ownership of the roles andresponsibilities as well as the resourcing and management of the CPUs (whichare established to execute the specific programs) has not yet been taken overby the police commissions from the concerned NGOs.

1.3.2 Police Training in Child Protection

Following the establishment of the CPU, delivery of specialised trainingconcerning child protection to police officers began to be an officiallyrecognised practice. In 1997, for the first time, about 30 police members fromAddis Ababa police were given a one month training on Child Protection andInvestigation of Child Abuses.

In the process of the study conducted as part of the process of developingthis training manual, it has been possible to understand that at least 1200police officers were made to attend specially designed and organised trainingconcerning the issue of Child Protection and Juvenile Justice in the last 10years time. It is also observed that the issue of child protection and juvenilejustice is made to be an integral part of some of the regular police trainingprograms run by the Ethiopian Police University College.


Lesson1


The study reveals that, however, there were serious limitations in the previoustraining concerning its content, process and coverage. Therefore, a follow upof a more organized and thorough training needs to be given regularly.

1.3.3 Institutional Capacity to Child Protection

Having adequate and competent specialised systems is one of the basicpreconditions to achieve the objectives of child protection and juvenile justice.In our contemporary condition, most of the important systems are noneexistent. With out the few exceptions of CPUs in Addis and in other fewtowns, there are no specialised units in the police to specifically deal with thematters of children and juveniles justice. Even the existing ones are not fullyinstitutionalised to the police.

In addition to the absence of the necessary systems, the existing ones are notcapable enough to fulfil the objectives of child protection. Police do not haveenough number of competent (knowledgeable, skilful, holding the properattitude, and committed) manpower and adequate amount and type offacilities and resources to be used in dealing with children and juvenile matters.

In its present condition, the police in Ethiopia are not in a position to properlyprotect children from the various forms of abuse and delinquency. Besidesimproving the level of understanding towards their role, human, material andsystems capacity development is the priority areas of considerations to reversethe problems in the contemporary state of the police.


Lesson1


Lesson1

As it is well known, the primary duty and responsibility of the police service is tomaintain the society’s peace and security. Such responsibility of the police shouldbe extended to children who are highly vulnerable to different forms ofvictimisation. The knowledge of children to realize their rights and their capacityto protect their well-being is low when compared to adults. As a result, they caneasily become victims of different kinds of abuse and need the protection of thepolice more than any segment of the society.

Child matters are, generally, of priority concern in policing, because, moreover theuniversal features of children like their significant role in society and theirvulnerability, the size as well as the proportion of children and the extent of theproblem of child abuse and juvenile delinquency makes this more justifiable in thecontemporary Ethiopian context. Identification of potential risks, prevention,protection, care, investigation, and collaboration with other concerned bodies arethe major roles the police play. Having the duty correctly understood and buildingthe necessary competencies and capacities are the major aspects of thepreconditions for the police in to accomplish their duties properly.

In the contrary, a significant proportion of the members of the police service havea distorted sense of responsibility and think that they must protect other membersof the society from victimization of the offences committed by children.Accordingly, child protection in the contemporary Ethiopian police context is noteven properly considered as an integral part of the institutional responsibilities letalone to be a priority area of policing. Lack of specialised systems, strategies,programs, and projects as well as the necessary capabilities characterise most policedepartments of the country today.

Children are the major clients of the police and they need greaterattention in policing;

Police has both proactive and reactive roles to protect childrenfrom abuse as well as delinquency;

Having a proper understanding, attitude and capabilities is theprimary precondition for the police in order to properly perform itsroles.

In its present condition, the police in Ethiopia, generally, are notin a position to properly protect children from abuse and

Summaryand

Key Learning Points



As it is seen in the earlier lesson, having an appropriate behavioural state ofcondition is one of the preconditions for police in order to be able toproperly perform its duties concerning child protection.

First, it describes the meaning and some fundamental principles of moralityfollowed by the importance of morality in policing, basic standards ofpolice behaviour in general, and challenges of morality in policing as afoundation issues. Then after, the governing principles and behaviouralstandards in dealing specifically with children matters are outlined anddiscussed thoroughly. Finally, a critical review of the practices in thecontemporary policing context is made to check the conformity of thebehaviours actually seen from the police officers to the principles andstandards.


Moral andBehavioural Requirements

Lesson 2


Hint to the Trainer

Here, the aim is to help the trainees understand themeaning of morality and the major principles of amorally acceptable way of behaving and acting.

Lecture and facilitated in-class discussion is moreappropriate to deal with this part of the lesson.Please focus on relating each principle of morality tospecific issues and state of conditions of childrenby clarifying and illustrating what the principlesimplies and how it would be made applicable indealing with child matters.


Lesson 2


Learning Outcomes

The lesson generally aims at acquainting the trainees with the governing principles andbehavioural standards in policing child matters. In completion of the lesson, the attendantsshould, specifically, be able to:-

1) Explain the meaning and fundamental principles of moral and ethics;2) Discuss the importance of ethics in policing;3) Identify the challenges of being good towards people in policing;4) Identify and describe the basic standards of police behaviour;5) Outline the basic principles and behavioural standards of police in dealing with

children;6) Define the gaps in the behavioural state of conditions in the contemporary

policing practices and identify the corresponding measures to fill the gap.

Relevance and priority

The lesson is generally relevant to all those who deal with child matters and is a priority inall the courses on the issues of child protection to all kinds of trainees. From the detailedtopics addressed with in the lesson, ‘Morality and Policing’ needs to be dealt with in detailonly when the trainees have no prior learning about ethics and morality in the context ofpolicing. Its purpose is to give a basis for the discussion on the moral principles andstandards of dealing with children. Priority emphasis should be given to the last part of thelesson in which the specific principles and standards of behaviour in dealing with childrenare addressed.

2.1 Meaning and Principles of Morality


Lesson 2


2.1.1 Meaning of Moral/Ethics

The term moral/morality is derived from a Latin word ‘mos’ which refers to the customsor regular practices, norms of a social group. It is concerned with the acceptable standardsof human behaviour by which people are judged, particularly in their relationships to others;used to describe the actual values, conducts, and norms of a group (community); moralityrefers to the degree of conformity of an idea or action to moral principles.

Moral or morality, normally, is used to refer to the standards that an individual or a grouphas about what is “Right’ and ‘Wrong’, or ‘Good’ and ‘Evil’. These standards may beexpressed as ‘Moral Norms’ or ‘Moral Values’. ‘Moral Norms’ usually describe what is‘Right’ or ‘Wrong’ and are expressed as general rules to be considered. Example- ‘Alwaystreat children with care and love’, ‘It is wrong to mistreat children even if they are offenders’,etc. ‘Moral Values’ usually describe the worthiness of objects or features of objects and areexpressed by statements describing such features /worthiness or non-worthiness/. Example‘Honesty is good’; ‘Injustice is bad’, etc. Ethics concentrates on the systematic study ofthese standards (moral norms and values).

Values are central to the domain of morality as our principles that guide our behavioursand actions derive from the values we hold. Example- from the value ‘freedom’, we derivethe principle ‘you shall not deprive another of her/his freedom’.

Ethics is the study of standards of right and wrong; that part of philosophy addressingmoral conduct, duty, and judgement; the kind of investigation of the moral states andprinciples where morality being the subject matter that ethics investigates. What ‘ethical’mean an acceptable moral state of condition, proved through examination, that ethics does.Both ethics and moral judgements are normative subjects which lay down prescribe courseof conduct and tell us what people should do in specific circumstances. This implies thatethics and morality are inseparable elements that have one central feature.

2.1.2 Basic Principles of Morality/Ethicality

Morality/Ethicality is about reciprocity:Doing something stated wrong is immoral/unethical and doing something stated/acceptedright is moral/ethical. A test to judge whether an action or behaviour is wrong or rightincludes questions like: what rules would I be following if I did what I am thinking ofdoing? Can I honestly say that I want everyone to follow that rule? What if everyone didthat? Does my action respect the right of others to choose for themselves or am I simplyusing them to get what I want? What is right is acting in a way of humanity, whether it ison your own person or the person of another, always as an end and never as a means. Thegeneral principles are- don’t do to others what you don’t want to be done to you; don’t treatothers in a way you don’t want to be treated. That is wrong and unethical.

The Golden Rule of Morality/Ethicality

“ Do unto others what would have them unto you, ifyou were in their shoes “

NB: It is immoral if

you discriminate among

children in the manner

described above.

NB: It is immoral if you treat

a child in a way that is not

confirming to the universally

accepted legal and moral

principles and standards

applicable to the child.

Morality/Ethicality is about making defendable choice: An action or a behaviour for which justifiable positive reason can be given is considered

ethical. Actions are evaluated as ethically right or wrong, good or bad, or praiseworthy orblameworthy. These evaluations are made according to the reasons and the principlessubjected to the public’s appraisal. Thus, whether an evaluation is fitting or not is also opento the public’s inspection and appraisal.


Lesson 2


NB: It is immoral if you treat a

child in a way that is not

confirming to the universally

accepted legal and moral principles

and standards applicable to the

child.

Hint to the Trainer

Your aim here is to enable the trainees to acquire a clearunderstanding of the nature of the relationship betweenmorality and policing. This comprises of achieving threerelated objectives (1) convincing why morality is meantto be of critical importance in policing; (2) getting thebasic standards of police behaviour identified andunderstood; and (3) getting the implications of thenature of the police roles and duties on the officersbehaviour illustrated and understood.

2.2 Morality and Policing


Lesson 2


Morality/Ethicality is about the best for the most:According to the ‘Utilitarian’ principle, the right action is the one whichproduces the greatest happiness/pleasure for the greatest number of people;where the ends – the aggregate happiness – justify the means. Hence, thefundamental beliefs and values of the larger group determines what is rightand wrong in that group and individuals are expected to have conformity withthe group values.

2.2.1 Relevance/Importance of Morality in Policing

Moral Foundation of Policing

As many philosophers agree (e.g. Locke), people are created with basic rights – to life, liberty,and property. Their ability to exercise and secure these rights is severely hampered by severalfeatures of human condition which includes ignorance, carelessness, partiality, and lack ofpower. Because of these, the state of human nature becomes characterised by fear,insecurity, and arbitrary interference. Hence, it became imperative to have a means whichhelps to protect people’s life, property, and maintain peaceful and orderly relationship. Thisis the very reason behind the emergence of the government, law, and the various agenciesof law enforcement including the police. It means that the police is established to work forthe ‘good’ of the human being. This is a very basic reason for the importance of moralityand ethics in policing as it is not normal to think of an organisation behaving and actingagainst what it is established for.

Police Roles and Powers

Policing is a public service which is created by law with the responsibilities of maintainingand enforcing the law, maintaining public order, rendering aids and assistance in emergencies.They are granted with the powers and authorities that are required for the effective dischargeof their responsibility. However, the powers are not infinite and arbitrary; they are ratherlimited by law and based on the consent of the public.

These powers and authorities can be classified as:

� Coercive Power (the right to compel and use force)� Discretional power (the right to decide based up on self judgement)� Information power (the right to access personal information & secrets)

The role of police, some times, calls for coercive interventions in social confrontationswhen and insofar as the solutions for the problems may require the use of force at the pointof their occurrence. E.g. forcible interventions in domestic confrontations, demonstrations,crowd and traffic control, etc. Exercising the coercive power involves arrest, detention,search and seizure, etc.


Lesson 2


Approaches that are appropriate to be consideredmainly include lecture, brainstorming and facilitateddiscussion. In cases where the lesson is of greaterimportance, you can also consider givingassignments/activities to be done by the participants.Such activities are suggested under each topic below.

If this fact of the police, having an authority to use force to execute its roles, is confused,it perpetuates a problem: tendency of police to resolve all issues by means of force andthreat. A tendency of police to be force oriented (always be coercive, superior, controller,etc) may become a predominant conduct which could lead to inappropriate behaviour andact that involve misuse of the power.

Policing service is not a kind of profession where standard solutions are applied for standardproblems. Problems faced by the police and the services expected from them do not oftenhave a specific pattern; there are no universally applicable solutions; they need the art ofunderstanding the law, policing principles and techniques, and unique circumstances of aparticular case/incidents. As a good deal of police work involves discretionary judgement,there is considerable room for judgements that are, or may appear to be, arbitrary,inconsistent, or unfair.

Police have the power to get information of a confidential nature and that is not normallyaccessible by others. The correct and professional treatment of policing service includesprotection against the consequences of malpractice and disclosure of confidentialinformation to a third party.

Associated to this, there is also a very high potential for the police to be subjected tocorruption. The way the police handles a case, especially in the process of the justice, canmake a difference on the consequences that might follow the involved individuals. Becauseof this, people often tempt to ask the police for favour or exemption. This can have anability to exert much pressure (financial, social, psychological, etc) that can lead the policeofficer to corruption. Often, it may be easier for a police officer to accept the offer than toresist it.

Police officers are as ordinary as every one else. Although they are selected, trained andsupervised in consideration of the specific characteristics of police functions, they can’t beprefect; they are still ordinary human beings having similar natures of others like selfishness,ignorance, emotions, etc. Therefore, there is high tendency for being wrong; underlying ofthe authority, illegality, arbitrariness, etc that will destroy the public’s confidence, trust andsupport.

‘If law enforcement officials were to resort to the practices that are against the law and beyondpowers and authorities granted to them by the low, the distinction between the two (the criminalsand the enforcers) could no longer be made. Public safety and public security would subsequentlybe at risk, with potentially devastating consequences for the society’

ICRC, To Serve and To Protect (PP 156)

Thus, there is a great need for morality and ethicality as a means to minimise the potentialsfor misuses of the powers.


Lesson 2


Importance of the Police Role:

Every living person needs to be safe and secured; hence, every body needs the police serviceand is concerned about its quality. A serious threat against life or property to be alleviated;a horrific murder case which needs to be handled; a domestic violence that has to be solved;anxious parents of a child that has gone missing have to be helped; parents of a young whowas murdered or killed in accident have to be informed of; etc. All these require/involveserious attention, care, concern, common sense, procedures, etc. Police action or inaction maydictate someone’s future for good or evil. Hence, weakness and fault in policing could not betolerated.

Democracy and Policing

Democracy and a democratic society are associated with concepts like freedom, privacy,individual rights, the rule of law, participation, the value of human life and individual dignity,etc. where as policing is often associated with concepts like restriction, force, authority,indifference to the individual (consideration of only the act), etc. There is a considerablepotential for conflict among the concepts. To reduce the impacts of the potential conflicts,there is a great importance to have moral and ethical standards that determine how the roleof police is carried out. In the absence of morality and ethicality, it is not possible to achievethe policing objectives and requirements in a democratic society.

Policing and Public Image

The success of policing objectives and strategies require an active involvement of the generalpublic and several organisations. Police, as a nucleus of the endeavours to secure theinvolvement of the public and its components, need to have proper level of publicconfidence. Hence, police must build a good image of it self. This is determined by theextent to which the concerned police is confirming to the requirements/expectations of thepublic. Most of those expectations are related to the behaviours and conducts of the policeboth at the institutional and individual levels. Police misconduct, be it minor, will affect itspublic image and it can lead to the vicious circle of incompetent policing: police misconduct;Þ poor image; Þ reduced public confidence and corporations; Þ less possibility to achievepolicing goals; Þ less public confidence of the police; Þ less public co-operation; Þ


Lesson 2

NB: Children are less

powerful and more vulnerable

than others. Moral principles

promote assisting the weak



2.2.2 Basic Standards of Police Behaviour

The standards of behaviour and ethics expected from the police as an institution and as anindividual emanate from the nature of the roles, powers, and functions of the police asdiscussed above. Many of the legal instruments on law enforcement and police code ofconduct indicate legality; accountability; and competence as major institutional requirements.Legality implies the need to obey/confirm to the legal principles and provisions and therelated police acts, regulations, policies, procedures, and standards at all times andcircumstances. Accountability refers to the conditions of being responsible for the over allbehaviours and acts of the police. It includes having the belief of the principle, behaving andacting accordingly, and maintaining a system that ensures the realisation of the principles.Competence implies the need to be capable of fulfilling the duties imposed by the law.

Most of the specifically required behavioural standards are listed bellow:Job related requirements (police should professionally be):

Competence, commitment, dedicationConformity to the rule of lawAccountabilityProfessional prideMoral judgement & decision making

Personal traits/qualities (police should personally be):Consistence, impartiality, objectivity, fairness, firmnessHonesty, integrity, faithfulness, trustworthiness, Responsibleness, self discipline, Patience, tolerance, Courage, risk takingCaring, sympathy, dignity, friendliness, humanity,

Lesson 2 Hint to the Trainer

Request/encourage the trainees to developthe justification either based on their ownjudgements or by making a review of therelated literatures. Alternatively, you mayask all participants/groups to do the samework or you may set separate activities todifferent groups or individuals, probably bytaking each of the above-mentioned pointsof justifications as a separate topic to bedealt with.


2.2.3 Challenges Against Good Behaviour in Policing

The work of the police is very important and visible in the community. Accordingly, thepublic, the politicians, and the medias have high expectation and are always curious abouttheir behaviours. Conversely, the police may feel overworked and underpaid. On top ofthis, the nature of the work exposes them to various forms of difficulties and stressfulsituations including failure to fulfil the ethical and behavioural requirements. Some of suchnature of police work that work against the compliance of the moral and behaviouralexpectations are discussed below with the corresponding suggestions to cope with theproblems.

Lesson 2Hint to the Trainer

Identify few different major personal virtues that can encompasssome of the above listed personal characters together, for stanceimpartiality, objectivity, fairness, integrity, responsibleness, patience,tolerance, courage, sympathy, etc. Request each group/individual todescribe the following about each virtue: meaning; specificcharacteristics that describe or constitute it; importance/relevance;the situations in which it becomes most appropriate or required;cases/circumstance in which it becomes not an appropriatebehaviour or another behaviour contrary to it is relatively morerequired; the ways to develop such virtue on self and others; etc.

Alternatively, you may ask all participants/groups to deal with allthe identified list of virtues or you may distribute different virtuesto different groups/individuals. The first option is moreappropriate when you want to deal with the matter in more detail.In cases of choosing the latter option, you need to have a commonsession at the end to discuss on all the virtues by all the groups orindividuals.



Complex Decision-making:

The normal process of decision-making involves and bases on a thorough analysis of thealternatives (cost-benefit; worst scenario; precedent experiences; etc,) based on completeinformation, discussion with the involvement of concerned people, and moral reasoning.Decision making in most policing work environment, however, involves high level ofuncertainty; serious risk; time pressure; etc.

Psychological Influences:

Police deals with offenders, they may tend to hate the offenders not only the offences. Theymay also tend to suspect everybody; hate all people. But it is not acceptable to have hatredbehaviour towards others since this generalised cynicism may have unethical consequences.

It is the police who are the closest to the victims of crime, and/or their relatives. Suchinteraction often involves serious emotional elements. The police are not professionalpsychologists; and just have to do the normal policing duty. However, they must withstandand tolerate the emotions of self as well as others, and do all that has to be done by thepolice in a way they have to be done.

Lesson 2 Hint to the Trainer

The ultimate aim here is to help the trainees to be ready toface the challenges and to become a holder of the requiredbehavioural qualities by effectively managing the challenges.Enabling them to understand how it is challenging to be ofa good behaviour and preparing them for the challenge.

Accordingly, the activities and discussions should focus onthe nature and sources of challenges and the ways ofeffectively managing each form of challenge. This involvesthe analysis of the characteristics of the police jobs and theimplications to the involved officers’ behavioural state ofconditions.

The range of the appropriate methodologies to deal with theissue may include brainstorming, group/individual work, andcase reviews. You may develop the cases (real/hypothetical)yourself or encourage the participants to narrate the storiesof cases based on their own or other colleagues’ realexperiences.



Lesson 2



A police officer may feel what the rioters asking is fair and right, but she/he shall not jointhem or permit them to continue; he/she has to take measures against them if necessary tomaintain the peace and order. The police may feel he/she is quite sure about the guiltinessof a suspect, but the judge may not be convinced. He/she is not to judge, but to putevidence before the system.

Physical Danger:

Many of the police duties involve a risk of life and body to the officer. Rescuing lives ofpeople, arresting violent offenders, combating with armed criminals, sabotage and revenges,etc are some of the hazardous operations and events. The police have to take the risk forthe sake of others.

Complex Nature of Clients:

Police deals with the various kinds of people differing professionally, demographically,economically, politically, psychologically, and having different intentions/interests,behaviours, cases, at different places, times, circumstances, etc. But, they are expected toserve and to satisfy all.

Conflicting Interests:

Police may be expected to do something against one for the sake of maintaining the interestof the other, (e.g. individuals’ right may be compromised or infringed for the sake of thesafety of the general public). The work of the police that satisfies one often annoys, affect,or dissatisfy the other.

These and similar factors inherent to police work exposes the officers to much stress, anger,distress, prejudice, hatred, force orientation, being frightened, suspiciousness, —- etc. Thismakes it difficult for most police officers to always fulfil the expected behavioural standards.

To be found fulfilling the standards of morality and corresponding good behaviours towardsothers, police officers should, therefore, be capable of managing these problems. Being ableto sufficiently understand the nature of the police role and the inherent characteristics,always remembering the required behavioural standards, understanding people’s differences,not involving in self-emotions, gradually developing and internalizing the required attitudesand behaviours, etc are some of the major solution measures to cope up with the challenges.

2.3 Governing Principles and Standards in Dealing with Juveniles Matters

All of the above mentioned requirements are fully applicable concerning the standards ofpolice behaviour in relation to juveniles. Although the importance of all the requirements,in general, is greater in the cases of juveniles than others, the relative importance of thespecific traits may differ depending on the specific features of the juveniles.

In additions to the general principles and procedures of performing police duty, there arespecial principles and procedures to be followed in the cases of juvenile matters. Policeshould know and strictly apply these principles and procedures. These include legalprinciples and provisions, psychological principles, technical procedures and precaution,etc, which are specifically relevant/applicable in dealing with matters involving juveniles.The major ones of such principles are discussed here under.

Lesson 2

Hint to the Trainer

The specific objectives that needs to be accomplished hereincludes identifying and agreeing on the governing principles andbehavioural standards which should be considered by all whowork with child matters, including the police in dealing with childrelated matters, and treating children. Please be reminded againthat this is the most important part of the second lesson in themodule.

Please note that if you just give lecture and have minor classroombased discussion on this topic, the outcome of the learning willnot be as optimal as needed. Through this process, indeed, youmay be able to make the trainees know and remember theprinciples, but you may not to enable them to deeply understandthe real meaning, rationale, applicability, and fully convince themof the relevance of each principle and standard.

List the numbered items here on an activity guide sheet and askeach group/individual to develop their own explanation for eachprinciple and standard concerning what it means; why it isrelevant - what makes it important; which legal or moral principlesare backing it; the situations in which it becomes relevant orapplicable; how to measure and evaluate the officers performanceaccording to it; the associated negative implications, if any; etc.



Lesson 2



1) Understand that children are weak physically and can be hurt easily.

Thus, they should not be made to face conditions against their physical capacity or assame as to that of adults. Example: never leave them hungry, thirsty, to stay in a roughphysical condition.

2) Remember always that juveniles are not as conscious as adults about the consequences of their acts and behaviours.

They may not be able to reason or understand in the same way that adults do. Therefore,they should not be considered fully responsible for their acts and its impacts. Thus, thepolice should avoid attitudes and acts that may arise from such ground/belief. Example:don’t blame, hate, criticise, label, etc.

3) Never miss that children are more prone to be offenders or victims.

They need more attention and protection. Thus, the police should always be moreattentive, curious, understanding and caring about them.

4) Do not forget that children can be easily and seriously affected psychologically.

Hence, police must completely avoid attitudes and acts that may have adversepsychological impacts, and must hold attitudes that will have positive impacts. Example:don’t treat them as criminals or in a way that could make them feel criminals. Never treata child in a degrading, humiliating, rough or uncaring way.

5) Give all children love and special attention.

From the standpoint of providing protection and care to children, and to discharge itsresponsibilities properly, police should, in the first place, examine its own understandingabout children. A member of the police who does not have good will and positive outlooktowards children cannot approach and help them. From our own experience, whenmembers of the police think about children especially about street children, what firstcomes to their mind is their delinquent behaviour and the need to control them and notthe necessity to provide them special protection and care. Since most members of thepolice consider street children as thieves, vagrants, cheaters, ill-behaved etc, what they oftenget in response for seeking assistance from the police is insults, threats and warnings.

Therefore, they prefer to run away from the police rather than to approach and talk tothem. Under such circumstances, where there is a mutual hatred between the police andstreet children, the implementation of the objective of the police to provide protectionand care for the well-being of children is very slim indeed.

If children are approached in a hateful and frightening manner, they in turn will becomehateful and vindictive and will grow up to become anti-social elements who are a menaceto the society.

Children know, love, and approach those who love them. To make children lovehim/her, to approach him/her and explain their problems to, every member of thepolice has to have love and positive outlook towards children. Therefore, realising his/her

Lesson 2



responsibility to love, bring children closer and assist them, every member of the policemust posses the appropriate behavioural qualities.

6) A child’s interest must have priority - Always make the child’s interest first

Always consider the best interest of the child whenever you make a decision concerningchildren. You may need to balance the best interests of the child with the best interestsof other parties involved (parents, victim, community for instance). You need to considerall of these interests, but those of the child should be a primary consideration. Treat allchildren you come in contact with as if they were your own.

7) Be aware that each child is unique and requires an individualised approach

Remember that children are different from adults and that boys are different from girls.A difficult behaviour and making mistakes is a natural part of growing up. Street childrenare children first and foremost though they sometimes appear to act like adults.Remember that their emotional and moral development may be at a low level due to thelack of positive influences in their lives. Adapt your behaviour to the specific needs ofthe girls and boys on the streets.

8) Consider a child’s individual difference:

Each child is unique and requires an individualised approach. Treat each child sensitivelyand fairly, based on the understanding of their individual needs and circumstances, bychoosing the best possible option to take even if they are in-groups.

9) Treat children in accordance to their level of maturity.

Your response to children suspected of committing an offence should be proportionateto their age, their stage of moral development, their maturity and their concept of whatis right or wrong. Children are different from adults.

10) Be sensitive to the special needs of girl children.

Treat girls and boys equally as much as possible. But, be aware that sometimes girls havedifferent needs. Girls should be handled (supervising, handling, searching, interviewing)by female police officers and should not be kept in detention with males. Providefacilities especially for pregnant and nursing mothers. Take violence against women andgirls seriously. Take care not to cause girl victim-survivors additional distress by handlingthe situation insensitively.

11) Be sensitive to the special needs of disabled children

They, often, are more vulnerable and dependent on other people for their care. Theysometimes do not understand that they are abused. They may not be able to tell whatis happening/ has happened to them.

12) Be child friendly in communication and appearance.

They may not understand complicated languages and police jargons. They may, often,not see the situation in the same way as the officer do. Therefore, be patient, explain very

Lesson 2



carefully, use simple language and words, check that they are properly understood by thechild using various methods. They may be frightened by uniforms and arms: thus, avoidthem, be unofficial, etc. Gestures that show negative judgement and tense body posturesshould be avoided. Interested and good eye contact by being down to the eye level ofthe child should be adopted.

13) Don’t negatively discriminate among children.

Treat all children the same way, regardless of their life standard, physical or cognitivestate of condition, family/social status, ethnicity, religion, or any other factor. Be awareof the particular vulnerability of disabled children to the various kinds of abuses. Donot treat street children differently just because of the way they look and have to act inorder to survive on the streets. Treat them the same as the middle class child

.Non-discrimination: it may be that, due to socio-economic and cultural constraints,there are fewer choices available to some children compared to others. Therefore,particular efforts should be made to ensure that the options are made equally availableto all children regardless of whether they are male or female, rich or poor, what religionor race they are from etc.

14) Make a positive contribution to the child’s future.

Understand and expand the choices available to children and empower them to seizethese choices. Understand that each child in front of you has made a series of choicesthat have brought them to where they are now in their life journey based on somereasons. For many children who are not lucky to have the support of a good familythese choices may actually be limited or even non-existent.. A child may face adilemmatic decision options; should he/she stay at home and continue to be abused bystep mother, or should he/she take the chances of being abused on the street? You, asa police officer, can help to change a child’s life by understanding and expanding thechoices available to that child when they come in contact with you. Understand thechoices available to the child, expand the choices (look for more and better possibilities),and empower the child to consider more and better choices. This will help to turn anegative situation into a positive one as much as possible.

15) Practice restorative rather than retributive justice.

The purpose of juvenile justice is not to punish. It is rather to bring behaviouralimprovement. Every attitude and action of the police must confirm to this principle.Never behave and act in way that may have a contrary implication to this principle.Make decisions based on healing and reconciliation objectives rather than punishment.Focus on the children (people) themselves rather than just the rules that have beenbroken. Whenever possible, divert children away from the criminal justice process.

2.4 The Practice in the Contemporary Policing



What have been seen so far in the lesson are all the principlesabout how the police ought to behave in general as well as indealing with children matters in specific. In this part of thelesson, you are going to review the practices in the contemporarypolicing and to evaluate to what extent the behaviours actuallyseen from the police officers are confirming to such universalprinciples and standards.

A note on the developments and contemporary state ofconditions is included below. This may be helpful as a point ofreference and to see the developments seen over time. However,the lesson should focus on the real state of conditions during thetime when the training is going on, not what is described here.Therefore, you need to update the information here throughyour own research and inputs from the participants.

The activities and discussion to be considered must focus onanswering the questions like how far the attitudes and behavioursof the police generally confirms to the moral and behaviouralrequirements? What are the areas of specific strengths,weaknesses? What are the most common forms of attitudinaland behavioural gaps frequently seen? What are the reasons forthe problems? What measures should be taken accordingly tosolve the problems or fill the gaps? Who should assume whatduties towards accomplishing such measures?

Besides brainstorming in class and group works and discussions,the approaches which may become appropriate to consider indealing with the specific lesson include attitude/behaviouralassessment test to the police members - the trainees themselvescan also be given the same/similar test; review of real casestories; feedback from children who have experiences of comingin to contact with the police frequently or has passed throughthe juvenile justice process; public opinion survey questionnaire;etc

Hint to the Trainer

Lesson 2

In 1996, the author of this manual conducted a study concerning the attitude andunderstanding of the police towards the role the police should play in relation to juvenilematters as a need assessment for the preparation of a working manual for CPU staff.Although the study was limited to Addis Ababa city police, it had given a good clue. It wasseen that the view that ‘children are criminals’ dominates the view that they are victims and,hence, the majority thinks that the police should exert a strict control over childrenoffenders. Accordingly, their perceived responsibility could be distorted to imply protectingother members of the society from abuses committed by children, not vice-versa.

Similarly, public opinion survey was done in 1998 by an independent research institution.The outcome of the survey indicated that although considerable improvements had beenseen as compared to the conditions five years ago, there were still problems concerning theethical conditions of the police in general. In year 2000, the Ethiopian Police College did asurvey as part of the impact assessment of its training programs. In the same way, also inthis study, although the positive feedbacks were greater than the negative responses, theexistences of attitudinal and behavioural problems are indicated.

As part of the process of developing this training manual, an assessment of the impacts ofthe previous training and the needs for future training on child protection was conducted.In the test conducted to check the attitudinal state of the police officers, it is observed thatmost of the police officers, both who represent the one’s that did and didn’t take specialisedtraining about child protection, have given responses, generally, showing the proper attitudetowards the specific matters of children and juveniles.

Generally speaking, although improvements have been realised from time to time becauseof the developments in the policing system as the result of internal and external influences,the behaviour of the police is still not satisfactory. Juveniles are also the most victims of thepolice misconduct. Because of the very high and still increasing number of street childrenand the associated problems of juvenile delinquency, negative attitudes are still dominatingboth within the public and the police.

Most kinds of the behavioural problems include:Hatred attitude;Beating juveniles;Remaining irresponsible and non-attentive to juveniles; Discriminatory treatment to children on streets;Confiscating their property arbitrarily;

Apart from the individual behaviour patterns of the members of the police, one possibleexplanation for the negative attitudinal state of affair is the feeling and notion of mostmembers of the society and the police (as an institution) itself in considering the police ascontrol and punishment oriented. If the police see children as ‘offenders’ and considers thepurpose of their employment as controlling and dispensing punishment to ‘these offenders’,their behaviour towards the children cannot be supportive and caring. Conversely, in asociety where the police are often used as an example of something to be feared, childrencannot develop positive attitudes towards them and seek their assistance by approachingand explaining their problems to them.


Lesson1Lesson 2


Lesson 2

Ethicality mainly entails reciprocity, consistency, making defendable choice,and doing the best for the most. The nature of the police roles makes theimportance of morality and being of a good personal character very highin one way, and makes its possibility of being so very challenging in anotherway. Nevertheless, police officers are always expected to confirm to theuniversally accepted moral, legal, and behavioural standards. Suchrequirements from the officers become even stronger when they deal withchildren matters.

The fact that it has moral foundation, the nature of its roles and powers,and the controversial nature of the relationship between policing anddemocracy are the major reasons that make ethics of great importance inpolicing. The nature of police work entails conditions that result on anger,stress, distress, hatred, cynicism, force orientation, suspiciousness,avoidance, etc which in turn can lead to inappropriate behaviours.

In addition to confirming to all the job related legal and moral principlesand standards, police officers should have positive personal virtues likeimpartiality, objectivity, fairness, integrity, responsibleness, patience,tolerance, courage, sympathy, etc

In additions to the general principles and procedures of performing policeduty, there are special principles and procedures to be followed in the casesof juvenile matters. Police should know and strictly apply these principlesand standards. Every activity of a police officer in relation to a child eitherabused or in conflict with law should be in accordance to the prescribedprinciples and behavioural standards.

Children are different from adults and should be treated differently

� Are weak physically and mentally, so they can be hurt easily� Are not equally conscious of the effects of their acts and behaviours� Are more prone than adults to be a victim and an offender

Summaryand

Key Learning Points



Lesson 2


Each Child is Unique and requires an individualised approach

� Properly understand a child and consider her/his individual differences� Treat each child in accordance to his/her maturity� Be sensitive to the special needs of each child- sex, age, physical and

intellectual capability, emotional state, etc

All children need special attention and treatment� Give children love and special attention - consider every child as your own� Be child friendly in communication and appearance� Make a positive contribution to their future� Practice restorative justice, not retributive justice,� Always make the best interest of the child first, a priority condition

Remember the following whenever you deal with children

DO S DON’T S

Loving Hatred

Friendly, Easy, Informal Blaming, Critics

Caring Labelling

Responsibleness Negligence

Attention Irresponsibleness

Curiosity Making Secondary


Module 5

POLICE PREVENTIVE FUNCTIONSAND

STRATEGIES FOR THE PROBLEMS OFCHILD ABUSE AND JUVENILE DELIQUENCY

Module

5

As discussed in Module Four, prevention of child abuse and juveniledelinquency is one of the prior roles of the police. Prevention is aboutanticipating risks and taking actions to reduce the likelihood of thehappening of the problems rather than responding to the problems afterthey have already happened. “Prevention is always better than cure.” Thisentails the ability to come up with programs, mechanisms, or institutionalpractices that can stop/combat criminal events

This Module specifically focuses on the basic strategies for the preventionof child abuse and delinquency: proactive solutions to the problems; whatthe police can do by itself and in collaboration with the public and otherconcerned bodies. Prevention of the problem of child abuse and juveniledelinquency is neither a unique function nor involves a unique process. Thecommon principles and approaches of managing crime problems in generalalso equally apply in dealing with the problem of child abuse anddelinquency too. As a result, the content of the module accepts this fact,and tries to show the application of the general principles of crimeprevention in dealing with the problem of child abuse and juveniledelinquency.

POLICE PREVENTIVE FUNCTIONS AND STRATEGIES FOR THE PROBLEMS OF CHILD ABUSE AND JUVENILE DELINQUENCY

Module 5

Introduction


Contents and Structure

The module aims to develop the capacity of designing and implementing the preventivestrategies and functions that confirm to the modern principles of crime prevention. Thecontents of the module are organised into two separate lessons as outlined bellow. The firstlesson deals with the major functions of the police prevention. It starts with the discussionof the four major modern concepts of the crime prevention that are believed to encompassmost of the governing principles of crime prevention. Following this, the major functionthat the police should/can do to prevent the problem of child abuse and juveniledelinquency in their respective communities are described.

Lesson One: Principles and Functions of Prevention

1.1 The Concepts of Crime Prevention1.2 Police Preventive Roles and Functions

1.2.1 Information1.2.2 Education 1.2.3 Involvement 1.2.4Enforcement

Lesson Two: Formulation and Implementation of Preventive Strategies

2.1 Process of Strategy Formulation and Implementation2.2 Strategic Analysis

2.2.1 Context Analysis2.2.2 Problem Analysis2.2.3 Solution Analysis

2.3 Major Directions and Strategies of the Prevention

The second lesson focuses on the formulation of the preventive strategies. It starts with thediscussion of the general process of the strategy formulation and implementation and thencontinues to the detailed discussion of the strategic analysis process which is believed to bethe most critical component for the quality and the successfulness of the preventivestrategies that are going to be designed. Finally, the most commonly applicable strategicdirections and options for the prevention of child abuse and juvenile delinquency in almostall the communities are elaborated.


Both lessons are generally relevant for all police officers at the middle level managementpositions. Relatively, they are more important to crime prevention section/depart heads,CPU heads, and other crime prevention specialists and preventive strategy formulators.



Module 5

Principles usually govern practices and good practices/functions are thosewhich are based on the generally accepted principles. As they are developedthrough thorough processes of empirical studies and are proved to beworkable through long experiences, the general principles of crimeprevention are equally applicable in, at least, most circumstances. Therefore,they are critical to consider in dealing with the problems of child abuse andjuvenile delinquency. The contents and processes of this lesson isdeveloped based on this presumption.

The lesson focuses on the two major aspects of the preventive endeavours:the major principles and functions. The concepts of ‘ Crime Triangle’,‘Problem Oriented Policing’, ‘Proactive Policing’, and ‘Community Policing’which are believed to contain the principles that govern the approachesand the processes of crime prevention in modern societies are brieflyaddressed at beginning. Here the basic features of the concepts as well asthe corresponding suggestions towards the approaches and the processesof crime prevention are outlined.

In the second part of the lesson, the major functions that the police shouldand/or can do so as to prevent or reduce the problem of child abuse anddelinquency are dealt with in detail. The lesson is this part starts by


Introduction

Principles andFunctions of Prevention

Lesson 1


Module 5

describing and discussing the functions of the police regarding thegeneration/acquisition, preservation, and making use of information. Thediscussion covers the kinds and sources of the information as well as theprocesses of performing the related functions. Next, the role of the policein educating and sensitizing the community and all other condescendedstakeholders is described as part of the preventive functions. Thedescription focuses on the contents and the approaches of the educationand raising the awareness of the general public/community, members ofthe police, children, parents and schools. Initiating, involvement, andcoordination of the preventive measures which involve the communitiesand the constituent stakeholders and collaborators are addressed as thethird major role of the police. Here too, the processes and agendas of theinvolvement are made locus of the discussion. Finally, the approaches andfunctions of the law enforcement which are specifically related to theprevention of the child related problems are briefly addressed as the fourthmajor preventive role of the police.


Learning Outcomes

The lesson basically aims to provide the trainees with the knowledge and skills necessary toadequately perform police preventive functions towards the problems of child abuse anddelinquency. Incompletion of the lesson, the trainees should, specifically, be able to:

1) Discuss the major concepts that govern the functions of crime prevention andillustrate how these apply in dealing with the problems of child abuse anddelinquency

2) Outline and describe the major preventive roles and functions of the police,3) Describe the kinds of information the police have to generate, maintain and use,

and explain how the police should do so,4) Design preventive education and sensitisation programs to the different stakeholders

and collaborators;5) Initiate and implement collaborative preventive programs which involve the

community as well as other collaborators with in the community,6) Design and implement police enforcement functions that help to manage the

problem of child abuse and juvenile delinquency in their respective communities


Module 5

Lesson1

Hint to the Trainer

The aim here is to help the participant trainees be refreshed withthe fundamental concepts which back up the functions of crimeprevention in general. The lesson generally presumes that thetrainees have already learned about such basic concepts beforethey had come to this specific training. Otherwise, you may needto go for more in-depth coverage of the subject matters of thetheories.

After briefly introducing the concepts, check the level ofunderstanding of the participants. If you find that there is aserious gap in understanding the concepts, consider giving morelectures and/or setting reading assignments to the attendants.

Then after, encourage the participants to illustrate how eachconcept can be made applicable in the prevention of child abuseand juvenile delinquency. This can be done through a facilitatedclassroom discussion or may involve group-works anddiscussions.

The Concept of ‘Crime Triangle’

According to this concept, there are three elements that constitute the possibility of criminalevent: (a) potential offender (threat) with his/her motives and capabilities, (b) the victim or‘asset’ with his/her value and vulnerabilities, and (c) the situation. The situation representsthe circumstantial factors that can contribute to the possibility of criminal offence by eitherincreasing the vulnerability of the victim or the opportunity of the threat.


1.1 The Concepts of Crime Prevention

There are many concepts, philosophies, or principles that backup the endeavours of crimeprevention. Such principles are worthy of reviewing before going further to the specificfunctions of preventing child abuse and juvenile delinquency. The most common ones ofthem are briefly described hereunder. All of the concepts are mutually complementary andare applicable in dealing with the problems of child abuse and delinquency.


Module 5

Lesson1


Module 5

Lesson1

The existence, motive, and capability of the offender added to the value and vulnerabilityof the victim multiplied by the influence of the circumstantial factors determines the levelof the risk of the crime. Crime is possible only when an intended and a capable threat getsconvenient situation to attack a vulnerable and valuable asset.

Therefore, crime prevention efforts should focus on managing the nature and theinteractions among these elements. Accordingly, the possible strategies of prevention orreduction of crime include:

� Avoidance or reduction of the vulnerability of the victim,� Avoidance or reduction of the motive and capability of the potential offender� Control of the circumstances that can open and enhance opportunities for

the possibility of crime execution.

The Concept of ‘Problem Oriented Policing’

This philosophy promotes the application of the problem solving approach to crimeprevention. According to this view, crime is a practical problem that needs to be and can besolved. Thus, the approach to be followed to control crime should follow such procedureswhich are commonly applied to solve any other real life problem, i.e.,

� Identification and analysis of the problem: its form, feature, cause, consequences, etc� Identification and evaluation of the possible solution options: directions, strategies,

tactics, procedures, etc� Implementation of the best solution options: possible, effective, efficient, timely, etc� Review of the process and the result of solution measures,

The concept of “Proactive Policing’

This concept promotes that the crime prevention strategies should be proactive not reactive,i.e., crime risks should be identified and the necessary counter measures should be takenahead before the occurrence of the criminal offence. It should be the risk that needs to bemanaged not the event. It emphasizes on dealing with the possible causal factors thancombating with the criminal incidences. Accordingly, the process which is suggested to befollowed in dealing with a crime problem should include:

� Environmental scanning and analysis� Crime risk identification and analysis,� Planning and implementation of crime risk management strategies,� Review and evaluation of the process and effects,

The concept of ‘Community Policing’

This philosophy of policing suggests the involvement of the general community in theendeavour of managing crime problems. According to this view, an optimal effect of crimeprevention is not achievable through police expertise and capabilities alone without the fullinvolvement of the concerned communities. Therefore, community participation shouldbe attained in all levels of the entire process of crime problem management. The majorstrategies that the police are suggested to follow accordingly include:



Module 5

Lesson1

� Having a clear understanding of the complete state of the community, � Consulting the community in the process of identifying problems and solutions,� Initiating and facilitating the implementation of community involving programs/

projects,

1.2 Police Preventive Roles and Functions

Prevention of the problem of child abuses and juvenile delinquency is not the soleresponsibility of the police, it is neither achievable through the effort of the police alone too.Nevertheless, the police have a critical role to play. Such roles of the police include the onesthat are briefly described hereunder.

1.2.1 Intelligence and Information

To enable the possibility of designing an effective and realistic preventive measures it, is amust to have all the relevant information concerning the state of condition of a givencommunity in general, the specific features of the problems of child abuses and juvenileoffences within the community, and the know-how (general principles, techniques and tools)of the prevention. This gives a decisive foundation to define the true nature of the problemand determine the appropriate counter measures.

Accordingly, generating, maintaining, and transmitting knowledge/information about thefeatures, magnitude and solutions of the problems of child abuse and juvenile delinquencyin a given community is one of the fundamental roles of the police. Accomplishment ofthis role basically requires the police to conduct risk identification and analysis, to record andanalyze all the cases of abuse and delinquency which prevail within the community, and tomake use of the information in the design and implementation of preventive strategies.

The detailed process of this involves the activities of:

Detecting/identifying the potential problems - early identification of any developingproblems/issues with particular children in the community,

Acquiring/generating sufficient information about the potential as well as the realincidences;

Keeping record or pile of all the pertinent information;

Conducting analysis and interpretation of the information;

Making use of the information in designing and implementing preventive measures,

Enabling the access to the information to all the concerned bodies.

The major aspects of the information which becomes of interest to the police with thisregard can basically be classified into three categories: community related information,problem related information, and solution related information. The detailed contents ofsuch information and the functions and process of acquisition, maintenance, and .use ofsuch information are briefly described here under.



Module 5

Lesson1

Hint to the Trainer


The aim here is to convince the trainees as to how relevant informationas an element of the preventive endeavour of abuse and juveniledelinquency, and to help them understand the kind of informationrequired as well as the means of getting them.

Develop a case of a given community, one with complete informationand other with critical information missing; establish two groups andask them to do the following activities: (a) problem listing anddescription, (b) causes and consequences description and analysis, (c)problem prioritisation, and (d) outlining and description of preventivedirections and measures.

Then after, encourage the teams to present their works in full class andcompare the works. (1) Identify the difference in the quality of the workof both groups; make the group with the missing information explainthe process and the challenges they had faced in doing the activities;(2) list out and describe the kinds of information required to base onto determine the complete and correct preventive directions andmeasures; (3) elaborate the sources and methods of acquiring suchinformation.

At the latter stage, encourage the trainees to make review of thepractices - how the police is executing its role concerning informationby designing and facilitating a study project. You may facilitate for thetrainees to go to the police stations where preventive strategies arebelieved to be generated and/or records of abuse and juveniledelinquencies are kept and do the following activities: (1) Learn aboutwhat the police is really doing - kinds, amount and quality ofinformation the police has; sources, methods and tools of acquiringsuch information; how the information are kept/maintained andupdated; when, how, by whom, why, etc are the information used; towhom, when, and how are the information transmitted. (2) Identifythe strengths and weaknesses in the practice; (3) Propose recommendedmeasures to be considered accordingly. (4) Develop summaryinformation about the problem of child abuse and juvenile delinquencybased on the information found in the police stations. This should atleast involve the identification and description of the most prevalenttypes/forms of incidents; children who are more vulnerable; majorcategories of most the common offenders; most common causal andaggravating factors; scale and trend of the problem in general.


Module 5

Lesson1

1) Acquisition and Use of Contextual /Community Related/ Information

Understanding the context in which the police is operating is one of the decisivepreconditions to properly perform the preventive roles. Thus, the police need to acquireclear and complete information about the general state of condition of the community itserves.

This comprises of the demographics (population size, structure /age, sex, ethnicity,education, income, etc); economic systems and status; geographic features with relevantimplications to the problem, socio-cultural affairs (social structures, norms, beliefs, practices,etc); crimes and conflicts (forms, features, magnitudes, causes, etc); history and relationshipof the constituents of the community; relevant government laws, policies, program, systems;major institutions/organisations operating within the community; etc.

Such information can either be obtained from official sources (concerned authorities andsystems of the local government) or can be developed through study. Once the informationis obtained, it has to be kept where there is a closer access for the concerned police unit andpersonnel and should be updated continuously.

A careful and an educated analysis should be done on each component of the informationto clarify the nature of the relationship that exist with the problems of child abuse andjuvenile delinquency within the given community. Through the analysis, the implicationsand effects (both potential as well as real) of these factors to the problems will be describedand used as a major input in the process of formulating preventive strategies.

2) Generation and Use of Problem Related Information

This refers to the information that specifically describe the real nature of the problem in thecommunity - explains how the problem is like in that specific community. The aspects ofsuch information include the types/forms of child abuses and juvenile delinquencies whichare being experienced within the community; children who are exposed to the problem;causing and contributing/aggravating factors of the problem; intensity/magnitude,distribution, and trends of the problems; etc.

Such information could be found and developed by keeping a complete record of theincidences that have occurred within the community and by organising and analyzing suchrecords periodically in order to deduce conclusive implications. The recording and analysisof the problem related information should at least fulfil the following minimumrequirements.

Obtaining and maintaining of problem related information

The problem related information is obtained mainly from the individuals who were involvedwith the problem, and is accumulated/maintained by keeping record of them following theoccurrence of each specific incident. The basic aspects of the incident related informationwhich should be recorded and maintained include the following:



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Incident description - types and forms of the incidences: Clear and completeclassification, categorisation, and identification/coding of the types and forms ofthe abuse and delinquency is imperative for establishing and maintaining the recordsand organising the information. This may need to be an officially recognised standardwithin the community - the concerned police department.

Victim information: personal profile which should at least include name, age, sex,education, work/engagement, address, any distinguishing features - /physical, mental,behavioural /, etc; family details and background; etc.

Offender information: personal details, work, education, background history,relationship to the victim, any other distinguishing features; etc

Temporal and spatial information: details of the time and place of the occurrenceof the incident, any relevant clarifications concerning the relationship between theincident and the spatial and temporal factors.

Organising and making use of the problem related information

To design a program for the prevention of the identified problems and to decide the prioritylevel of each measure, it is necessary to have complete and conclusive information aboutall the aspects of the problem - incidences, causal factors, vulnerable children as well as theoffenders. This would be possible through a thorough analysis and organisation of thedetailed features of each element as well as the nature of the interactions among them.Through this process, the recorded raw data could turn out to be usable information thatcan give a clue/direction about the possible measures of solution that need to be considered.The police should use such organised information for the formulation and implementationappropriate preventive measures. The information should also be accessible to all thosewho needs and uses them for any genuine purpose.

The basic aspects of the organised information which are expected to be found from thepolice system include the following:

� Incident Information

Ensuring the availability of the organised information about the detailed nature ofthe forms/types of incidents that has occurred in the community; it includesdistinguishing features, intensity, distribution, consequences, etc of each kind ofabuse and delinquent act. Such analysis has to be able to provide precise answers forthe following kinds of questions.

- What specific features describe each form/type of abuse or delinquency?- How frequent is the given form/type of abuse or delinquency?- What kind and level of damage has it created (has been creating) on the

victims and their families in specific and on the community /society ingeneral?

- Where, when, on whom, and by whom is it happening?- What has caused or contributed to it?- What trend does it show? Constant, increasing or decreasing? At what rate?



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� Victims and offenders information

All children do not have equal exposure to the problems of abuse and delinquency,in general, as well as to the different forms of abuse and delinquency acts. The levelof exposure varies depending on the capacity (income, awareness, value, etc) of thefamily, behaviour of the child, the geographical and social profile of the area, thetime and location of the event, etc. Children who are rural or urban residents, femaleor male, those having poor or rich parents, those who stay with their parents andthose who grow-up by being separated from their parents, etc. have different levelsof exposure to the various forms of abuses and delinquencies. Girls, for instance,in rural areas are more exposed to abduction or forced marriage than girls in theurban centres. In comparison with those from rich families, children from poorfamilies are more vulnerable to the exploitation of their labour and to other similartypes of abuses. Street children, obviously, are more exposed to both abuse anddelinquency than any other children. Female street children are, in particular, highlyexposed to sexual abuse.

The police have to develop, based on the data it holds, clear and completeinformation/knowledge about the children who are specifically exposed to various formsof abuses as well as offences and also about the individuals or the specific categories ofthe community who are more prone to commit various forms of child abuses.

� Information about the causal factors

There can be many factors or situations which contribute for the problems. Thesemay also differ from regions to region and from community to community. Theknowledge of such situations and causal factors determines the types of preventivemeasures that should be taken against the problems.

In most cases, the general situations which are related to the society as a whole liketraditional practices and customs, economic capacity (poverty), lack of awareness orilliteracy; the situations which are related to the parents like distorted child rearingpractices and lack of proper awareness on their responsibility for their children; andthe situations which are related to the individual offenders likecarelessness/negligence, abnormal behaviour, addiction to drug and alcohol,circumstances /temporal and spatial factors etc are interpreted as the majorcontributing and aggravating factors.

Based on the data it records, the police unit/department has to develop an organisedinformation bout the factors that have been contributing to the occurrence (rootcauses as well as the immediate factors which have motivated, provided/enhancedthe opportunity, intensified the scale and consequences, etc) of the different formsof abuses and delinquencies within the community. The police should always be ableto provide sufficient and summary information about the root causes and theaggravating factors organised in an appropriate categorical ways, e.g. classified associetal/community related; family related; and particularly related to the individualsinvolved; common to all types of the abuses and delinquencies; specific to a particularform of abuse or delinquent acts/behaviours.



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3) Acquisition and Advancement of Solution Information

The police as an institution have to be more knowledgeable than anybody else concerningthe general principles, approaches and strategies; the major functions, processes andtechniques; and the basic systems, resources and tools of crime prevention. Accordingly,another aspect of the information related role and function of the police is to acquire, use,advance and transmit solution information for the problems of child abuse and juveniledelinquency.

Such information could be obtained, maintained and developed through the various meanswhich include education and training; review of the experiences and practices; discussionsand experience sharing processes; collection and review of literature; etc. Ensuring thepossibility of making use of the available knowledge while formulating and implementingthe preventive strategies is another very crucial issue of consideration.

1.2.2 Education and Awareness Raising

This refers to the activities of sensitization and raising awareness. As it can be understoodfrom the preceding lesson, the police as an institution is (has to be) the owner of mostinformation about the problem and its solution. Impliedly, the police are expected to bemore knowledgeable about the nature of the problems and the corresponding solutionswithin the community. Accordingly, educating and raising the awareness of all the concernedbodies (e.g. the general public, specific community, police members, children, parents, otherconcerned institutions which are stakeholders or collaborators, etc) becomes an importantrole the police should and can play.

The importance and the grand objective of the education and sensitisation functions is toenable and empower the recipients to have an active and effective role in the endeavour offighting against the problems of child abuse and juvenile delinquency by making them wellaware of the problem, its solutions and their respective roles and responsibilities.

The content of the education and sensitisation programs should generally focus on the:� Rights of children;� State of the problem of child abuse and delinquency within the community;� Directions and strategies of managing the problems;� Respective roles and responsibilities to solve the problems.

The possible options and approaches to perform this function of the police include:Making use of public medias (operating both at national and local domains with all theavailable and accessible multimedia); Integrating it to the regular school curricula;Specifically designed training programs;Formal and informal discussion forums;Preparation and distribution of Information brochures;



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Special address at meetings of mass organizations, in schools, and during otheroccasions;Assisting and encouraging churches and mosques to provide education on the subjectto their followers

This function seems difficult and resource taking but has a paramount long-run andsustainable contribution in overcoming the problem. Especially in the cases where thesocieties characterised by low socio-economic development, where lack of awareness isinterpreted as the primary reason behind the problem, it is the major decisive option.

The performance of the given police unit/department with regard to the role and functionsof educating and raising awareness could be measured by using the following parameters

Process indicators and measures- Rate of satisfaction of the involved groups and individuals,- The changes/developments in the rate of satisfactoriness;

Output indicators and measures- Number and extent of programs undertaken,- Number of events accomplished,- Number and proportion of the target groups reached, - Number of people who have attended /involved, - Scale of the information transmitted,

Outcome indicators and measures- Level of awareness of the involved, and the level of change in the awareness;- The appropriateness of the attitudes of the involved and the extent of

change in the attitudes;- The extent to which the parties have applied/realised the expected roles;

Impact indicators and measures- The level of participation in the preventive programs and the extent of

the improvement seen accordingly;- The level of reduction in the scale and/or trend of the problem of child

abuse and delinquency,


Hint to the Trainer

The aim here is to help the trainees to understandthe purpose, contents and the possible strategies ofeducating and sensitizing the various elements ofthe public.

Encourage the trainees to develop plan of actionsthat include the detailed descriptions of the (a)objectives, (b) contents, and (c) approaches andstrategies for educating and sensitizing (1)community, (2) members of the police, (3) parents,(4) school community, (5) children. Facilitatepresentations and discussions on the outputs of theparticipants work, give relevant inputs andcorrections.


1) Educating and sensitizing the community

This encompasses all the members of a specific community and the various public structuresoperating within the community: community representatives, elders, religious leaders, edirs,kebele administrations, youth associations, women associations, voluntary organisations,etc. The major objectives which need to be achieved include enabling the community to:

� Acquire sufficient understanding of the problem that prevail in the community;� Reduce misunderstanding, exploitation and violence against children,� Report to the police when they notice the potential dangers as well as real incidents

of abuse on children, � Involve in the preventive initiatives - programs and projects

The content of the education and sensitisation programs should include the general stateof the problem (forms, causal factors, magnitude, etc); the needs and the circumstances ofthe children at risk and children in conflict with the law; the roles and responsibilities of thecommunity in general as well as the specific components of the community. The possibleoptions to implement the function include all those mentioned above.

2) Educating /sensitizing the members of the police

The ultimate purpose of the program is to enable the police members to perform their dutyto the level and in a manner it is ought to be. The specific issues to be addressed mayinclude:

� Child rights;� General features of the problems of child abuse and juvenile delinquency


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NB: Module eight can

be consulted for more

information about training

the police members,


� Detailed state of the problem within the given community: Detailed data on thetypes/forms, cause, consequences, magnitude, trend, distribution, etc of abuse anddelinquency prevailing in the particular Woreda or community. The informationshould clearly answer what, where, when, by whom, how and why is it happeningor could be happen.

� The duty and the major roles and responsibilities of the police to manage suchproblems,

� The needs and the circumstances of the children at risk and children in conflictwith the law;

� The attitudes and behaviours expected from the police members, � The specific functions that should be performed by the members of the police,

The approaches and strategies which are specifically applicable/preferable to educate thepolice members include:

Integration of the issue to all the police education and training curricula; Designing and delivery of special training programs to the police officers who areengaged in various aspects of child related functions; Acquisition, preparation, and provision of multimedia resources containing therequired information;Having a regular and continuous information exchange programs: orientation,discussion, experience sharing, evaluation and review, etc programs.

3) Educating the Children

The major objectives sought to be achieved include enabling the children to protectthemselves as much as their capacity permits and refrain from acts and behaviors ofdelinquency.

The educational sessions should focus on:� The legal rights and responsibilities of a child;� The types and sources of abuses and offences to which they are exposed to and their

consequences;


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� The types and forms of delinquent acts and behaviours� The negative consequences of delinquency � The places, times and circumstances which could expose them to abuse and offence

which they need to avoid therefore;� What they could or should do to protect themselves from abuse and to refrain from

offence;� The responsibility attained by the police to protect them;� How they can get the assistance of the police and other adults ...etc.

Strategies for implementing the program:

Visiting or calling to the police station those children who are identified as morevulnerable;Organize educational programs in schools in cooperation with the schooladministration - school mini medias, special meetings/sessions, curriculumintegration, advocacy clubs, etcOrganising ‘police and children’ days/occasions that involve various learning andexchange opportunities;Prepare educational programs using mass media;Giving speeches and distributing printed information in various occasions involvingchildren/youth;Preparation and posting of briefly printed information in schools, living places, placeswhere children play and stay.

Suggested issues of considerations:

Some useful cares and tasks undertaken during the counselling services of children:-Information and approaches properly addressing and suiting all categories of children(school children; working children; street children; children of different age groups,sex, background, special need; etc) Avoiding situations which can induce fear or embarrassment,Encouraging the participation of the children on the discussions: to express theirviews, experiences/stories, wishes and expectations on what the police should do forthem, etcPrepare, if possible, incentives such as food, tea, clothes and the like, which couldattract them to the discussion sessions, etc.Following the pedagogical principles and techniques in the design and transmissionof the information. For instance, showing films, dramas, pictorial exhibitions, etcthan giving just lectures or speeches.

4) Educating parents

Parents have greater responsibility and better opportunities than the police to safeguardchildren’s rights and well-being and to protect them from abuses. From this perspective, toeducate the parents and make them develop a sense of responsibility is a much better optionfor the implementation of the objectives of prevention of abuse.



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The ultimate purpose of the processes is to help the parents to enable a healthy and balanceddevelopment of their children. The specific objectives may include enabling the parents to:

� Properly understand the roles and responsibilities they have and the limitations ontheir power and actions towards their children;

� Refrain from abusing their own children;� Reduce the vulnerability of their children to abuses and delinquencies;

Points that should be given priority during the discussion sessions with the parents shouldfocus on the moral and legal obligations of the parents for the upbringing of their childrenas well as the principles and skills of good child upbringing. The details may include:

� The responsibility of the parents for the health and well-being of their children,� The grave consequences of improper disciplining/punishment, and limitations on

their power to punish children; � Legal accountability of the parents for the physical abuse they inflict on their

children� Forms of neglects and abuses and their consequences;� Family relations which could harm or expose the child to abuse;� The conditions which expose children to various forms of abuses and delinquent

acts/behaviours;� Measures that can or should be taken by the parents to protect their children from

abuse and offending;

The Strategies for reaching and educating the parents include:

When they come to the police in connection with child related issues;Collect information on identified families who are specifically known to abuse orexpose their children to abuse, and provide or facilitate the provision of counsellingservices for such families by calling them to the police station or visiting them wherethey are;Prepare joint program of the police and the residents of the area.Make use of any social gathering events and community associations that involveparents; Arrange periodic meetings or discussions with the parents within the community;

5) Awaring teachers and school administrators

Children spend most of their time in school. During their stay there, they can be exposedto abuses through the involvement in dangerous games, collision, quarrel between smallerchildren and their elders etc. They can also be exposed to different forms of abuse on theirway to and from school. School administrators and teachers are expected to act on behalfof the parents and the police to provide protection and care for the children in the school.

Therefore, the police should establish working relations with schools and conduct discussionwith them based on the facts about the nature of the problem concerning the specific schooland community: -



The ultimate purpose of the processes is to help the school administration and the teachersto clearly understand and properly execute their roles in building good moral behaviours onschool children and protecting them from abuses and offending within the schoolenvironment. The specific objectives may include enabling them to:

� properly understand the roles and responsibilities they have towards the schoolchildren;

� refrain from abusing their students;� reduce the vulnerability of the children in the school for abuses and delinquencies;

The major issues which need to be addressed may include the following: � The state of the problem of child abuse and delinquency in the concerned

community and school;� Building the moral behaviours of the students - school children; � Disciplining children in school - what type of disciplining methods should be

applied in schools;� Signs of different forms abuses� Preventing abuse and delinquency within the school compound;� Measures to take in cases of different abusive and delinquent incidents;� The types of assistance sought by schools from the police and how they can get it;� What the police seeks from schools, etc

1.2.3 Involvement - Initiation and Facilitation ofCommunity Based Solutions

This is about designing preventive programs that involve community members and variousgovernmental and social bodies working together besides the police. Since the police cannotdetect and prevent all the potential problems, it is essential to involve and collaborate withthe various members of the local community and other social organisations.

This role of the police refers to the activities of leading (initiation, facilitation andcoordination) of community-based solutions. As the major responsible body for crimeprevention in general as well as child protection in specific, the police are expected to initiateproactive measures to be taken in collaboration with the community as well as otherconcerned government and non government agencies so that early intervention can occurand the situation doesn’t escalate. The involvement should be attained from all theconcerned parties as well as in all levels of the problem management process - from theproblem identification and analysis phase to the evaluation and review phase. As theapproach manifests the features of ‘Community Policing’, its process should be done inaccordance with the related principles.

The approach involves various options, various agencies, and various resources. Hence, thecentral coordination and integration of efforts become crucial to ensure the optimality ofthe use of the resources (expertise, money, effort, etc) and the effects.


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Hint to the Trainer

The objective is to enable the trainees to identify the kinds ofprograms/projects that need the involvement of the community and tounderstand the process of designing and implementing such programs.

Encourage the trainees to do the following activities: (1) Identify thestakeholders and the potential collaborators in their respective communities;(2) Identify and describe the kinds of collaborative programs/projects thatneeds the involvement of the stakeholders and collaborators - eachparticipant or a team can identify some other similar projects and/or chosethe ones that can fit their circumstances from the programs/projects listedbellow; (3) Develop a plan of action that describes (a) who they would liketo involve, why, and how in each programme/project, (b) how they wouldgo to implement/realize and evaluate the program/project.

Facilitate presentations and discussion on the works of the participants andprovide professional inputs that help them more to identify the bestpossibilities.


The police roles and functions of initiating, facilitating and coordinating the communitybased solutions is manifested through the process of involving the stakeholders andcollaborators in the process of identifying and analyzing the problems of child abuse anddelinquency within the community as well as the planning and implementing collaborativeprograms/projects of prevention. The detailed processes of this include the following keysteps of activities:

Identifying and understanding the stakeholders and collaborators, Consulting the stakeholders and collaborators in the process of determining andanalysing the problems,Identifying the programs/projects that needs involvement of the communityelements besides the police;Identifying the specific bodies within the community who could/should involve ineach specific program/project,Reaching consensus with the specified parties;Developing the plan of action for the implementation of the program/projecttogether with the parties involvedFacilitating and assisting the implementation of the collaborators roles andresponsibilities;Reviewing and evaluating the process and the result of the program/project togetherwith the collaborators.


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Identifying the stakeholders and collaborators

Within the domain of the service of the given police institution/unit, decide who are thekey people are (including children themselves or institution) that you need to consult inorder to gather the relevant information to build up an accurate and up-to-date picture ofthe current situation in relation to policing and child protection. This can be done througha brainstorm or ’spidergram.’ The stakeholders may include: children (at-risk, in need ofcare and protection, in conflict with the law): police (lower, middle and senior level, local,regional and national): police training colleges: other actors in the juvenile justice system(lawyers, judges, prosecutors, defenders, social workers, probation officers, detention centrestaff etc): local and national government representatives of the relevant ministries:community representatives (religious, traditional, and cultural leasers, teachers, doctors, youthgroups, and ‘ordinary men, women, boys and girls in the community): NGOs; universities,academic institutions; national bureau of statistics etc.

Consulting the stakeholders and collaborators

The earlier the stakeholders are involved in a project, the better it is as this promotesawareness and ownership and will give the police a more accurate picture of the situationthey are trying to do or change. The participatory consultation methods include: focusgroup discussions, questionnaires, in depth interviews with key stakeholders, mappingexercises and informal discussions.

It needs to allow sufficient time for this process and to ensure that, when consulting children,rigorous child protection measures are employed. For example: personnel working withchildren are trained in behavioural codes of conduct; children fully understand what isinvolved and give their informed consent to take part in the consultation and for the waytheir information will be used; children are aware that they can stop participating at anytime; personal information will be kept confidential, nothing will be done to endanger thechild through negative repercussions.

Once the nature and magnitude of the problem is understood and appreciated by all theconcerned stakeholders and collaborators assist them to come up with various alternativesolutions which could be applicable /appropriate and possible/ given the nature of theproblem and the specific context.

Determining the programs/projects that need involvement

This would be achieved through the process of strategic analysis. The specificprograms/projects could be identified after completing the activities of problemidentification and analysis; the determination of the required strategies, systems, services,measures, etc; and identifying the gaps in the contemporary context and practice - themissing systems, services, functions, etc.

The following are examples of the programs/projects that may need the involvement of thevarious community elements.

� Sensitisation and advocacy projects and campaigns� Various support systems: orphanage, adoption, health, feeding, schooling, etc supports



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� Medical and therapeutic services� Research, information and communications arrangements;� Policy development,� Creation of job opportunities; � Recreational services� Vocation training opportunities and/facilities� Community based correction/rehabilitation arrangements;� Education systems and support, � Youth clubs and associations � Volunteer services,� Residential services,� Counselling and guidance� Education, training and employment� Resettlement programs;� Family reintegration programs,� Parenting assessment and counselling/advice� Assessment of children behaviour� Identifying and promoting good practices� Fund raising and grants to support projects� Services for children with disabilities� Follow up of the conditions of adopted children� Help line service

Identifying the parties who take part in the solution

This phase is about identifying the specific bodies within the community who could/shouldinvolve in each specific program/project. The detailed process of this involves needidentification as well as identification and analysis of the potential collaborators. The firstone is about determining/deciding the limits of what the police can achieve given theavailable capacities (expertise, resources, mandates/authorities, etc.). The latter furtherinvolves determining/knowing the potential stakeholders and collaborators and determiningwho could do what - outlining the potential roles of the different bodies in theimplementation of the different preventive programs/projects),

In doing so, it needs to strike a balance between gaining a comprehensive and an accuratepicture of the broader context and being realistic about what the police can achieve. Thisinvolves asking and answering the following kinds of questions in relation to eachprogram/project: How much can the police /organization or unit/ achieve alone? Who cando more? Can the police (I/we) work with them?

Examples of the potential collaborators include NGOs; religious organisations; socialwelfare agencies; schools, universities and other academic and research institutions; localgovernment structures (Woreda, Town, Kebele Administrations and Councils); distinguished



personalities (elders, community leaders, businessmen, professionals/experts, etc); businessassociations and institutions; individuals (ordinary men, women, boys and girls in thecommunity); etc.

Reaching consensus with the targeted collaborators

Once the targets (who you need to target) are identified, it can be useful to analyse whetherthey are already supportive of the idea, resistant or undecided. This will help the police toprioritize their actions and tailor their approaches to the specific collaborator. Accordingly,the police should follow carefully planned and implemented approaches to persuade thetargeted collaborators. Precisely stated roles and responsibilities, clearlyidentifiable/recognizable contributions, well articulated significance of the contributions, etcare some of issues of important considerations.

Developing collaborative plan of action

Once the targeted collaborators have come to consensus on the roles they are going to play,the police should prepare or facilitate the preparation of the plan of implementation thatclears up the following makes to each member of the parties involved in the implementationof the program/project.

� Expected results (accomplishments, objectives, outcomes, targets, solutions,changes, etc),

� Processes (activities, tasks, procedures, standards, etc), � Resources (expertise, money, material, facility, utilities, etc),� Time schedule, � Roles/responsibilities, � Monitoring and review mechanisms, processes, tools, etc� The pattern of relationship and communication;

Facilitating and assisting the implantation of collaborators plans

During the implementation processes, besides the proper execution of their duties and roles,the police should follow-up the activities of other parties and give important support, e.g.provide necessary data/information/feedback, facilitate communication and collaborationamong the different parties involved, provide technical assistance, etc.

Reviewing and evaluating the process and the result of collaborative plans

The police should facilitate that participatory review and evaluation (where all the concernedstakeholders and the collaborators are involved) of the processes and results of thecollaborative programs/projects is made after a certain period has elapsed and/or incompletion of the program/project. The easiest and the most common approach to makethe review is conducting a review discussion among the management or representatives ofall the parties as well as the customers based on the reports generated from all the parties.Alternatively, it is also possible, even more professional and formal, to seek for the help of


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Hint to the Trainer

The aim here is to give an overview aboutthe enforcement functions as part of thepreventive roles of the police.

Encourage the trainees to (1) develop adetailed outline and descriptions ofenforcement functions related to child andjuvenile delinquency, (2) explain how suchfunctions could serve the purpose ofprevention.


a technical expertise by either forming a task force representing all the parties or contractingan independent body (consultant service) that conduct the review and produce report.

1.2.4 Enforcement

The police is legally mandated to enforce the law. Accordingly, performing the functions ofenforcing the laws pertaining to the problems of child abuse and juvenile delinquency is oneother major aspect of the role of the police. This basically involves controlling and coercingbehaviours and acts that are contrary to the law; confronting against the acts of child abuseand juvenile delinquency and detecting and investigating incidents of abuse and offences.It is all about dealing with the potential and real incidences of abuses and offences inaccordance with the corresponding legal and moral principles as well as the operationalprocedures and skills.

The major functions related to the enforcement role include:� Surveillance and suppression of abusive/offensive tendencies/behaviours � Detection and stopping of the potential abuses and violence� Understanding and protection of vulnerable children� Handling/managing the cases of alleged abuses and offences

The basic operational strategies of accomplishing these functions of enforcement includesupervision and control, preventive patrol, arrest and investigation of abusers and offenders.Most of these functions and strategies are dealt with in detail in the succeeding two-consecutive modules, i.e., Module Six and Module Seven. Yet, some basic aspects of theenforcement functions (practical examples) are briefly described hereunder.


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Supervision and Control

Is the surveillance and control of the places/locations that can enhance the vulnerability ofchildren or opportunity for the offenders. E.g. entertainment centres (bars, hotels,nightclubs, video houses, local drink selling corners, etc); drug selling places; streets wherechildren sleep; locations where children work (car parking, shoe shining plots, etc)

Strict follow-up and control of the individuals, families, and organisations/institutions thatare identified/suspected to abuse children. E.g. schools where children are often exposedto physical or sexual abuse; hotels and bars which are suspected to involve in or exposechildren to sexual exploitation;

Strictly supervising and making periodic evaluations of the police operational strategies andpractices such as patrolling in crime spots, rapid response time, foot patrol, neighbour hoodwatch, hooligan hide-out raids/attacks, and domestic violence crackdowns.

Properly performing any other activity of control and protection which become necessaryand are deemed to be legible in accordance to the role and authority of the police. Thefollowing are few examples of such activities.

Stopping anyone (a parent or another member of the family, a teacher, an older child,etc) from punishing a child whenever he/she happens to meet such a situation.Observing situations which invite children for quarrels and taking preventive actions.Stopping children engaged in dangerous plays from playing.Controlling the movement of vehicles, giving priority for opening and closing hoursof the schools.Prohibiting children from playing football, riding bicycles, or congregating on theroads meant for vehicles.Ensuring that vehicles are driven at a very low speed in residential areas wherechildren live.Assisting children when they cross roads.Controlling the circulation of pornographic films.

Preventive Patrolling

One of the options that is relatively the easiest and is internal to the police is strengtheningthe regular police patrol duty with the view of detecting and preventing the potential abusesand delinquent acts. It is strongly suggested that the police patrolling function should beexecuted based on the following approaches.

Identify, based on the study (risk and vulnerability assessment) of the locality, which place,when, at what hour of the day, what type of offence, on whom etc, could be perpetratedand decide where, when, how and by whom the protection service could be undertaken;



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Integrate the abuse and delinquency prevention strategies with the regular police patrolplans and performance guidelines. This basically requires the following functions to be done.

� Develop a specific working guideline for patrol officers explaining what they shoulddo and behave in detecting, deterring, and handling potential/possible abuses andoffences as well as identifying and treating exposed children;

� Train the patrol officers how to apply the guideline;� Monitor the application of the guideline;� Evaluate the process and effects of the patrol;� Derive lessons and improve the strategies and guidelines;



There are four major concepts that contain most of the modern principles ofcrime prevention. The ‘Crime Triangle’ concept suggests focusing on the threemajor elements that constitute the crime problem, i.e., the victim, offender andcircumstance in designing and implementing the preventive measures. Theconcept of ‘Problem Oriented Policing’ suggests following problem solvingapproach in searching for the solutions of crime. The ‘Concept of proactivePolicing’ urges to deal with the risk of crime before it occurs - proactive ratherthan reactive measures. The concept of ‘Community Policing’ suggests theinvolvement of the concerned community in the pursuit of solution for crimeproblems. All of these suggestions should be considered in dealing with theproblem of child abuse and delinquency.

The police have an important role in preventing children from abuses andcommitting offences. The most effective ways of doing so involves being awareof the risks beforehand, establishing positive relationships with the community,finding out what service are available on the locality for the families andchildren at risk, being a visibly positive role model to troubled children andyoung people, etc. Identifying and intervening in a positive way before aproblem arises is a much effective method of policing than dealing with theproblem after it is too late.

The police have to generate, preserve, and ensure the use of all the informationwhich is relevant for the preventive endeavours of the problem. The categoriesof such information include the general community related information,problem related information and solution related information. Educating thechildren, police members, the community, family, and any other concernedstakeholders is another major preventive role of the police. In executing theirrole of initiating and facilitating collaborative preventive programs, the policeshould be able to carefully identify, consult, convince, and involve all theconcerned stakeholders and potential collaborators within the community.Enforcement, which involves supervision and suppression of the tendenciesand practices of unlawfulness, is another major preventive role of the police.Preventive patrolling, which is based on correct problem analysis and integratesthe prevention of abuse and delinquency to the regular patrol practices is oneof the major approaches that help the police to effectively apply preventiveenforcement.

Summaryand

Key Learning Points


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Strategic management is a long and deep focused holistic approach to manageproblems and/or make use of the opportunities to accomplish and achieveinstitutional missions, goals and mandates. It is about planning and implementingthe most possible and effective measures to succeed in the future. This requiresforecasting the future state of conditions by reviewing the past as well as analyzingthe present state of conditions. Such process also involves careful scrutiny of theenvironment (both external and internal contexts), the problems and opportunitiesfrom which the motive to plan has derived, as well as the possible options that canhelp to achieve the intended purpose.

The problems of child abuse and juvenile delinquency are complicated that involvevaried and multifaceted causal factors, many and complex stakeholders, varied anddynamic solutions measures which requires the involvement of all the communityelements at all levels. Thus, success in managing the problem of child abuse anddelinquency is not thinkable unless it is approached strategically.

This lesson, being founded on such fact, tries to train on the application of theprinciples and approaches of strategic management in the processes offormulation and implementation of preventive measures to the problems of childabuse and juvenile delinquency. It involves the discussion of basic issues as well asdoing practical exercises. The lesson starts with a brief discussion and exercise onthe general processes of strategy formulation and implementation and continuousto the detailed discussions and practical exercises on the processes of strategicanalysis and strategy formulation in specific for the prevention of the problem ofchild abuse and juvenile delinquency. The lesson, finally, goes on to specificallydeal with the major directions and options of the preventive strategies.


Introduction

Formulation and Implementationof Preventive Strategies

Lesson 2


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Hint to the Trainer

The aim of the lesson here is to help the trainees acquire ageneral understanding of the activities to be done and theissues to be considered during the process of formulating andimplementing the preventive strategies.

First, introduce the general process of strategy formulationand implementation through a guided discussion or groupworks that encourage the participants to identify the majoractivities of strategic planning and implementation.

Then after, encourage them to do the following in specific tothe processes of the formulation and implementation ofthe strategies for the prevention of the problems of child


Learning Outcomes

The lesson basically aims to help the attendants be able to apply the proper strategicapproaches in dealing with the problem of child abuse and juvenile delinquency. Incompletion of the lesson, the participants should, specifically, be able to:

1) Describe the process and key activities of strategy formulation andimplementation;

2) Explain the issues and processes of strategic analysis for the prevention of theproblem of child abuse and delinquency;

3) Demonstrate/conduct the proper process of strategic analysis;

4) Describe, discuss, and chose from the alternative approaches for preventivestrategy formulation;

5) Outline and discuss the major directions and strategies of prevention;

6) Formulate preventive strategies that confirm to the acceptable principles andprocesses;

2.1 Process of the Strategy Formulation and Implementation

The processes of formulation and implementation of any strategy basically involves fourdifferent kinds of activities that are executed in a consequential manner: analysis,formulation, Implementation, and evolution and review. The specific application of theseactivities in the process of formulation and implementation of the preventive strategies forthe problems of child abuse and juvenile delinquency are briefly outlined below.


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abuse and juvenile delinquency based on the analysis ofthe roles and functions of the police addressed above: (a) todevelop a detailed work breakdown structure; (b) to draw thelogic diagram (process flow chart); (c) to define the key stageactivities and milestones; and (d) to develop a detailed processof the key stage activities;


Phase 1: Strategic Analysis

This aims at the acquisition and development of complete information about the generalstate of the relevant context and the problem of child abuse and delinquency in the givendomain/community. It basically involves the collection and examination of all the contextualand problem related information which becomes relevant to determine and understand thespecific features of the three elements constituting the problem: victims,perpetrators/threats, and circumstances as well as the magnitude of the problem - bothactual and potential.

Phase 2: Strategy Formulation

Constructing the strategic directions and processes to bridge the gap between the currentstate of condition of the three elements around the problem. The major components ofthis process include the following.

Determining the governing strategic directions: Key result areas, major goals andgrand strategies. These basically include the three fundamental options addressedabove under the ‘Concept of Crime Triangle’.

Program/project designing: Planning specific programmes/projects that help toachieve the major strategic goals determined above. The kinds and number of thespecific programs to be designed may vary depending on the specific circumstancesand, often, are categorised into the activities of prevention, protection, reintegrationand rehabilitation.

Setting up the implementation arrangements: It is apparent that help is soughtfrom the community and institutions such as family, the local governmentunits/agencies, community structures, civic associations, NGOs, and the media at alllevels during the implementation process. Accordingly, mechanisms are set up toenable/enhance enter agency cooperation and coordination and to allow completeexecution, monitoring, and resource allocation.


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Phase 3: Strategy Implementation:

This, being the realisation phase, involves many activities of preparations and scheduling;execution; continuous follow-up/monitoring; adaptation, improvement, and problemsolving, feedback and review, etc.

Phase 4: Strategy Evaluation:

Finally (by the end of the project life cycle or the given plan period), the performances ofthe involved parties as well as the entire program/project are appraised/rated and reviewed,discussed and communicated. The focus of such evaluation includes the accomplishments,processes as well as the results, and verifying whether it has been implemented accordingto the plan and whether the set objectives have been achieved. The outcomes of theevaluation will be taken as the foundations for the next cycle of the strategic plan.

2.2 Strategic Analysis

The most important and difficult element of strategy formulation is the analysis work, whichdetermines all that is going to be done. Any weakness or failure in this part of the strategyformulation process will lead to a weak or an erroneous understanding of the problem thatneeds to be solved as well as to choosing erroneous measures to solve the problem. Thismakes the entire process of the strategic planning and implementation a futile exercise.With this view, the most important points of consideration during the formulation of apreventive strategy for the problem of child abuse and juvenile delinquency are brieflydescribed here under.

The assessment that needs to be done has three major facets, i.e., analysis of the context,analysis of the problem, and analysis of the solution.


Hint to the Trainer

The aim here is to help the participants understand and exercisethe processes of strategy analysis and formulation.

First, make the trainees understand the detailed processes issuesof strategic analysis. For this, you may consider giving detailedlecture supported by brainstorming of the trainees or givingreading assignment that involves careful review of the notes hereas well as more literature. Once you make sure that sufficient levelof conceptual understanding is created, encourage the participantsto do the following activity.


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In doing the activity, you need to make the participants base onthe real cases of their respective communities. They can reviewback to the problems they have identified during the lessons inModule 3 or they can base on the information they havedeveloped while doing the activity under lesson topic 1.2.1above, if they have done such activities. Otherwise, they shoulddo the problem identification and analysis exercise, in full, at thisphase of the learning process.

The detailed process and outcomes should include the following:

- Conducting a desk top exercise of scanning theenvironment of the community they had come from - thisshould cover a wider context analysis, stakeholder analysiswell as analysis of the internal state of the policedepartment or unit they belong to.

- Identifying and analyzing the forms and features of theproblem - types, frequency, trend, effects, consequences,causes and contributing factors

- Prioritising the problems - Defining the strategic goals and directions - Outlining the necessary as well as the chosen solution

measures/options (strategies, programs and/or projects)based on the outcomes of the context and problemanalysis.

- Developing implementation plans for the chosenstrategies/programs/projects. This should include: WBSs,process description, time schedules, needs for resourcesand institutional arrangements, roles and responsibilities;

- Designing monitoring and evaluation standards. It shouldinclude performance indicators and measures, targets,process descriptions and tools, etc.

Please make sure that all of the aspects/elements and processesdescribed under the lesson topic are fully covered, clearlyunderstood, and correctly applied in doing the exercises.

Later on, unless you are convinced that it is not necessary, youcan consider making the participants repeat the exercises withregard to the specific directions and options addressed in theforthcoming lesson topic



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2.2.1 Context Analysis

a) Analysis of the Broader Context - Environmental Scanning

Analysis of constitutes of the broader environment (social, political, economic, geographic,etc context described under the lesson topic 1.2.1 above) in which the concerned policeunit is operating. This is important because it enables to have an understanding of theeffects/implications of such factors for the problem as well as the strategy that is going tobe formulated.

The detailed process of the analysis may include the following:

Defining the relevant domain - this might be national, regional, local/communitylevel or both depending on the scope of the service domain /the community/ to whichthe plan is going to be formulated and implemented, and the magnitude of relationshipthat exist between the specific constituent of the context and the problem of childabuse and delinquency in the service domain. This may go to the continental andinternational (cross national) level contexts when planning at the national level, andmay only be limited to the local contexts when planning at the community level.

Determining the relevant constituents and factors/elements - deciding whichspecific constituents in the defined context and what aspects/features of them arerelevant to consider.

Getting to know the features and implications of the relevant constituents. Thisinvolves acquiring sufficient information and doing analysis of the information to thelevel that we have acquired/generated precise knowledge concerning the current stateof condition, trends that has been seen, anticipated/estimated future state of condition,the relationship it has to the problem, and describing and analysing its implications forthe strategy that are going to be formulated. Summary of the opportunities and threatsis developed as the final outcome of this process. Where more professional anddetailed approach is a culture, the relative importance and strength of the contextualelements may be determined and values may be assigned to the opportunities andthreats accordingly.

Deciding how to deal with the context - determining what is going to be donecorresponding to the general and specific implications, opportunities and threats.

b) Stakeholders and Collaborators Analysis

Stakeholders are those institutions, groups or individual who have interest on the issue ofchild protection and juvenile delinquency while collaborators are those who are workingtowards the same purpose - who are involved with child protection and juvenile delinquencyrelated roles in one or another way. Since the stakeholders are the elements of customers,they determine the nature of the strategy that is going to be formulated. As potentialsupporters, collaborates will have influence on the level of accomplishment of the strategiesand the achievement of the objectives. The analysis should mainly focus on the interests ofthe stakeholders and the mission/functions, operational principles and procedures, capacities,



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priorities, and willingness/readiness of the potential collaborators. It would also be good, ifpossible, to determine the priority order of the different stakeholders and collaborators as thiscan help during the evaluation of the possible strategic goals and options. .

The examples of stakeholders and collaborators include:� The public/community,� Concerned state authorities,� Other institutions within the law enforcement system,� Other police departments or units,� Social and civic organisations having concern or may have role towards the

prevention of child abuse and offence,� Almost all NGOs operating in the location.

The specific outcomes of the assessment process include:� The list and description of the stakeholders and the potential collaborators,� What kind of support could be received from the different stakeholders and

collaborators, � What needs to be done to ensure the involvement and the support of the

stakeholders and collaborators,

c) Internal Context Analysis

This refers to the assessment of internal constituents of the police department which isprimarily responsible for the implementation of the preventive strategy. The major internalaspects/features of the concerned police unit/department should be thoroughly analysedagainst the departments/unit’s expected roles and functions of child protection and controlof juvenile delinquency as well as the strategy that is going to be formulated.

The focus areas of the assessment include:

Capacities – The level of human (conceptual, technical, etc) and institutional (authority,systems, resource, etc) capacities concerning the functions of child protection and juveniledelinquency.

Systems – the availability of the required specialised systems to deal with children and youthmatters, the compatibility of the whole system with regard to the management of theproblems of child abuse and delinquency.

Operational policies, procedures, standards, etc – the availability of such tools in specificto child related functions and/or to all police operations in general; the adequacy of suchtools, etc.

Attitudes, cultures, norms, wide spread practices, etc - how far are those elementscompatible with regard to the principles and practices of child protection and juveniledelinquency?



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Such an assessment is important because it enables to clarify the internal factors that maywork pro and contra the achievement of the objectives and strategies of child protection.The outcomes of the assessment are usually summarised as ‘Strengths and Weaknesses’.This helps to determine what needs to be done/considered accordingly as part of theforthcoming strategy and is used as an input during the evaluation of the strategic optionsas one parameter of measuring the realizablity of the options.

2.2.2 Problem Analysis

The second major aspect of assessment needs to be done during the process of formulationof preventive strategy is to do a detailed examination of the nature of the problem of childabuse and delinquency in the community. The detailed process of this involves theidentification, analysis and prioritisation of the problems.

Incident Description:

The analysis and description of the types/forms, distinguishing features, modes-operandi,etc of the acts/incidences of child abuses and juvenile delinquencies.

Frequency analysis:

Determining the number of incidents that have occurred during different time intervals(example day, week, month, quarter, year, etc); doing comparative analysis of the differencesin average frequencies of the incidents at different temporal and spatial contexts (exampleduring a day, night, weak days, weekends, summer, winter, at different locations, etc).

Distribution analysis:

The analysis and description of the state of the problem (each in specific form and in total)at different times (of the day, days of a week, seasons/periods of a year, etc), differedplaces/location, different category or class of the communities, etc

Victim and offender analysis:

The aim of analysis is to clearly indicate the scale of vulnerability of the different groupsof children and community to the problem in general as well as to different forms of abusesand offences. The detailed analysis may include relative prevalence rate of differentcategories (age, sex, background, location, job, etc) of children to different forms of abuseand offences, at different circumstances, locations, communities, etc.

Cause analysis:

The aim here is to develop precise and complete information about the causal factors (bothroot causes as well as aggravating factors) so that the corresponding counter measures areclearly and easily identified. The detailed processes of the analysis may involve determiningthe casual factors (both root cause and immediate factors) for each form/type of abuseand conducting detailed categorical examination of the specific forms of the causal factors.Categorisation of the factors could be done by (a) scope as, for instance, common to all ormost forms of the problems, specific to different types of problems, etc; (b) domain as,for instance, societal, community, individual, or institutional factors - this may also be furtherbroken down into specific categories of each domain; (c) type as, for instance, economic,



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socio-cultural, illiteracy/ignorance, circumstantial, etc; (d) degree of the contribution as, forinstance, remote cause, immediate cause, root/basic cause, pushing or aggravating factor,etc,. Finally, the priority order of the list of the causal factors could be developed for eachspecific form of the problem, for the problem of child abuse in general, for the problemof juvenile delinquency in its entirety, for the problems of abuse and delinquency alltogether.

Consequence analysis:

This involves the analysis and description of the kind of effects (bodily, emotional,economic, etc); the extent of the effect (death, severe, major, minor, temporary, long-lasting,etc); the scope of the consequence with regard to the parties affected (individual, family,community, society, etc).

Trend analysis:

The analysis and description of the changes and developments seen over time regardingdifferent aspects of the problem: size, distribution, consequence, etc.

Finally, the problem could be prioritised based on the summary information developedthrough the analysis. The factors which need to be considered for the prioritisation purposeoften include, among others, the magnitude /size and trend/ of the problem and theintensity/degree of the consequences (extent of effects and the proportion of thecommunity affected/concerned).

2.2.3 Solution Analysis

Solutions are not ready made: they need to be developed through careful and wise processof generation, evaluation and selection of varied options. The outcomes of the context andproblem analysis constitutes one aspect of the major inputs for the solution analysis whilethe know-how of the general principles, techniques and tools of the prevention of theproblems of child abuse and juvenile delinquency constitutes another aspect. Accordingly,it is a must to ensure that a sufficient technical input is received from a qualified expertiseon the area.

a) Classification of the solution measures

� Cause based solutions - Aims on the management (avoidance or alteration of theroot cause as well as aggravating factors).

� Effect based solutions - Aims on the avoidance or minimisation of theconsequences.

� Element (victim, threat, or circumstance) focused solutions - Victim focusedstrategies aim on the reduction of the vulnerability of the victims. Threat solutionoptions include the removal of the existence of the threat (if at all possible),diversion of its motives, reduction of its capabilities or deterrence of its acts.Circumstance focused solution options aim on the control of the situations as wellas the temporal and spatial conditions that may enhance the capabilities of the threatand/or the vulnerabilities of the victim.



� Incidence based solutions - Aims on the avoidance or reduction of thepossibility/likelihood of the occurrence of the incident.

b) Alternative approaches to formulate the solution strategy

� Generalist approach:Looks for the solutions of the problem of child abuse and delinquency in itsentirety not for the specific aspect of the problem. This, usually, tends to be focusedon the root causes and/or the common causal factors of the problem in general,and bases on the general state of conditions of the problems in their totality.

� Specialist approach:Designing solution measures specifically for each particular aspect of the problem(e.g. type/form of incidents, category of victims, types of causes or consequences,etc). This, usually, bases on the detailed analysis of the features of the particularaspects of the problems.

Classifying the solution options and approaches in this manner helps to determinethe priority areas of focus and to identify better fine tuned measures. However,most solution measures have often cross cutting effects: e.g. a solution measuredesigned with the view of managing the causal factors can help to achieve forinstance, the aims of reducing the victim’s vulnerability or threat’s opportunity aswell as the likelihood of the occurrences of specific incidences. Similarly, a strategywhich is designed based on generalist approach will definitely serve to bring changeson the features of the specific forms of the problems. When the generalistapproach is chosen, for any reason, it is suggested to focus more on the solutionsoptions that can serve (contribute to) many possible purposes - managing the cause,consequence, element, or the incidence.

c) The Process of solution analysis

The detailed process of the solution analysis involves almost all of the activities of strategyformulation including the following.

Defining the governing strategic goals - what is most needed to be achieved throughthe strategy,Determining the appropriate direction of the solution measures Developing/identifying the list of the alternative solution options that which enable toachieve the intended strategic goals,Making an evaluation of the options and choosing the best solution measures. Theevaluation criteria may include: the level of effect it can bring in solving the problem;the likelihood of its realizablity; the amount of money, time, expertise and effort itrequires; etc.


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Hint to the Trainer

The activities and discussions shouldfocus on (1) clarifying (a) how socio-economic factors influence the problemof child abuse and delinquency, (b) whatroles the police can or should play in theendeavour of bringing socio-economicadvancement; (2) formulation of a planof action for the implementation ofsuch roles of the police


2.3 Major Directions and Strategies of the Prevention

Strategies of the prevention basically involve dealing with the causes and contributing factorsfor the problems. Such factors differ from one to another form of problem as well as fromone to another spatial and temporal context. The most common directions and strategiesare briefly discussed hereunder.

2.3.1 Society based preventive strategies - socioeconomic development

Poverty, uncivilised culture, illiteracy, etc types of socioeconomic problems constitutes thehighest relative weight from all other causal factors of the problem of child abuse andjuvenile delinquency in Ethiopia. The low standard of living of the people has forcedchildren to migrate to urban centres in search of employment and livelihood. Consequently,they are exposed to street life and to all forms of its consequences. Lack of sufficientawareness about family planning, the proper ways of child upbringing added to uncivilisedtraditional beliefs are exposing the majority of the children in the country to face variousforms of physical and emotional abuses.

Such problems can be resolved gradually through designing and implementing socio-economic development programs. In this long-term process, the police will have its ownrole. Police is expected, for instance, to maintain peace and order within the society, toprovide supporting data for policy decisions, and to support the creation of an environmentwhich is conducive to socio-economic advancement.


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Hint to the Trainer

The activities and discussion should focuson (1) clarifying how community values,norms and practices can influence theproblem of child abuse and delinquency;(2) identifying the principal values, normsand practices of the respective communitieswhich are having negative impact on thechildren; (3) outlining and describing thecorresponding counter measures and theirimplementation processes; (4) explainingthe strategies of mobilizing the communityin the implementation of the identifiedcounter measures.

2.3.3 Family based prevention strategies

Parents have greater responsibility and better opportunities than the police to safeguardchildren’s rights and well-being and to protect them from abuses. Though this notion is abasic principle, the actual practice in our country shows that many parents do not correctlyunderstand their responsibility for their children and are not capable of discharging theirresponsibility properly. Various studies indicate that out of the abuses on children, morethan half were perpetrated by the parents or other family members while the rest werecommitted by other persons still due to the neglect and carelessness of the family.


2.3.2 Community based prevention strategies

Community values, norms, and practices are one of the major factors contributing to theproblems of child abuse and juvenile delinquency. The kind of people who live in thecommunity and the way in which they interact may affect the nature and level of crimeprevention too.

The prevention strategies which are focused on the community should, therefore, involve:Understanding the community structures, values, norms and the implications,Identifying and implementing measures to counteract the values, norms and practicesof the community that have contribution to the problems;Mobilizing the community in the entire endeavour against the problems of child abuseand delinquency;


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Hint to the Trainer

The activities and discussion should focus on(1) clarifying how the family environment cancontribute to the problem of child abuse anddelinquency; (2) the analysis and descriptionof the magnitude of the family relatedproblems in the respective communities; (3)formulating strategies to deal with the familyrelated problems: (a) the mechanism andprocesses of supervising family affairs, and(b) solving different forms of familyproblems (economically desperate, poor inchild upbringing, characterised by violence,separated, malfunctioning, etc)

2.3.4 School based prevention strategies

Children spend most of their time in school. During their stay there, they can be exposedto abuses through the involvement in dangerous games, collision, quarrel among themselvesand other school community members, etc. They can also be exposed to different formsof abuse on their way to and from school.

On the other hand, schools are the most influential and responsible systems next to thefamily, in enabling the proper moral and cognitive development of the children. Schooladministrators and teachers are expected to act on behalf of the parents and to provideprotection and care for the children (students).

Therefore, schools are one of the most important institutions to focus and work with in theendeavour to prevent the problem of child abuse and delinquency.


Economic strain on the life of a family lack of awareness, domestic violence, separation ofparents, malfunctioning of parental relationships, etc are some of the major causal factorsfor the family based problems of abuse and delinquency.

Hence, formulation and implementation of family based strategies will have a paramounteffect on the prevention of the problem. The strategies to be considered accordingly mayinclude: identifying family affairs in handing children (family intelligence and supervision);family support and counselling; pre school education programs involving parents; parenttraining for troublesome children; programs for preventing family violence; etc.


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The police involvement in schools will help to build positive relationship between the police,school children, teachers, parents and the school administration. The strategies the policeshould consider correspondingly include dropout control; socialisation; promotion of moralbehaviour; behavioural follow-up and modification; protection and care service; life skilltraining; vocational training; safety and security training; counselling and behavioural therapy;road traffic safety; control of drug abuse; gang resistance education; anti bullying campaigns;law related education and programs to improve school discipline and improve social problem-solving skills; etc.


Hint to the Trainer

The activities and discussion should focus on(1) discussing how the school environmentcan contribute to the problem of child abuseand delinquency; (2) the analysis anddescription of the magnitude of the schoolrelated problems in the respectivecommunities; (3) reviewing the contemporarypractice of the police in dealing with theproblem; (4) formulating detailed plan ofaction (approaches and processes ofimplementing various strategies including theabove mentioned ones).

2.3.5 Location based prevention strategies

Physical environment is a major element of the circumstantial factors that contribute for theproblem of child abuse and delinquency. Hence, it becomes important to be a part of thefocal points in formulating preventive strategies for the problems.

Preventing crime at places involves identifying the specific locations that provide moreopportunities for offences against children as well as for child offending and making reviewof the effectiveness of the practices to block the opportunities. Some of such places includestreets where children live and work; places/institutions where youth work; car parking lots;stores/shopping malls; recreation places where lots of entertainers pull large crowds;apartment buildings/homes where children/youth work as maids; and etc.


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2.3.6 Child based preventive strategies

Some causal factors for the problem of child abuse and delinquency may be specific to aparticular child. Moreover, the level and aspects of the vulnerability and the correspondingneeds of one child often differs from the other for many reasons. For instance, theopportunities those different children have to get the needs for their full development(physically, cognitively, morally and emotionally) satisfied is often different. This makes theconsideration of child based approach important in formulating and implementingpreventive strategies.

Some examples of child-based strategies include:Creating/enhancing opportunities to have positive influence on their moral andintellectual development for those who lack it - counselling and advise, schoolingsupport, quality parenting; positive living, learning and recreational environment

Ensuring the possibility of positive influence/impact for the children who are goingthrough the justice process - police, court and rehabilitation arrangements and practicesconforming to the principles of prevention. Training and placement programs for the unemployed,Vocational training for the juvenile offenders and prison inmates so that they do notget back to their old ways;Empowerment programs that involve working with specifically targeted children; Planned and specifically targeted police protection arrangements to specific children;Improved access arrangements of help for the children who are specifically identifiedto be in difficult circumstances;

Hint to the Trainer

The activities and discussion should focus on(1) discussing how physical locations cancontribute to the problem of child abuse anddelinquency; (2) the identification anddescription of the different locations and theassociated problems in the respectivecommunities; (3) review of the contemporarypractices of the police in controlling theplaces; (4) developing detailed strategies(approaches/options and processes ofimplementing them) against each specificform of location based problem.


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Hint to the Trainer

The activities and discussion should focuson (1) identifying specifically vulnerablechildren to abuse and offending in therespective communities, and classifyingthem in to different categories based onthe similarity/commonality of theindividual circumstances; (2) formulatingpreventive strategies corresponding to eachcategory.


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Strategically approaching will help more to understand the nature of theproblem, to identify the proper (most related to the problem, able to bringthe best remedy, effective and efficient, realizable, etc) solution measuresand successfully implements the solution measures. The process involvesvarious activities of analysis, formulation, and implementation andevaluation and review.

A careful and an in-depth analysis of the general context, stakeholders,state of conditions of the concerned police unit/department, and theforms and features of the of incidences should be done to generate clearand complete understanding/knowledge of the problem and to identifythe most appropriate and possible solutions measures.

There are different strategic approaches and options to solve the problemof child abuse and delinquency. Preventive strategies can be formulatedfollowing either a generalist or a specialised approach; being based/focusedon the particular form/category of the incidents, victims, causal factors,consequences, potential threats/offenders, stakeholders or collaborators,etc. The appropriateness and effectives of the different solution optionsmay vary from context to context, time to time, and problem to problem.Thus, the most appropriate solution a given context requires should becarefully identified and implemented.

Prevention of the problems of child abuse and juveniledelinquency should be approached strategically.

Making a careful analysis of all the relevant aspects ofthe problem is the most critical part of the preventivestrategy formulation;

Being able to choose the best fitting approaches andsolutions is very crucial for success.

Summaryand

Key Learning Points

Module 6

TREATMENT OF VULNERABLE ANDVICTIM / ABUSED CHILDREN

Module

6

All children are not equally vulnerable to all forms of abuse; hence, allchildren do not always need equal attention and help of the police. Childrenin some situations are more vulnerable and needy than others who are notin a similar situation, and they require prior attention from all theconcerned.

Children who come into contact with the police may be suspectedoffenders /in conflict with the law/, witness of a crime, victims of crime,and those who are at risk or in difficult circumstances. Police has themandate to protect all children they come into contact with, whether theyare in need of care and protection, are victims or perpetrators of criminaloffences.

The module specifically focuses on the category of children who have beenvictimized as well as those who are in a condition which expose them toabuse or to different forms of other difficulties, and as such, make themneedy of special care, attention and/or service, though they are not knownto have been abused already.

Obviously, police has a duty to give priority and special attention to protectand serve children in this category as they have a mandate to protect allvulnerable persons, even if they are not victims or offenders. The scope ofsuch protection and care functions may involve identification andunderstanding of those children who are abused or are in need of specialcare and protection as well as providing or ensuring the provision of thenecessary protection and service, etc.

The module basically aims at introducing the attendants with the kinds ofchildren who may be in need of special care and with the provision of therequired special help and treatments. After working through out the lessonsin the module, thus, the trainees will be able to identify the children who arein a condition of need for special care and protection, and to provide themwith the necessary support.

TREATMENT OF VULNERABLE AND VICTIM/ABUSED CHILDREN Module 6

Introduction



Contents of the module are organized into three major parts as outlined below.

Lesson One: Police Treatment of Street Children1.1 Scope of the Police Duty to Protect Street Children1.2 Police Understanding and Attitude Towards Street Children1.3 Principles and Process of Police Treatment to Street Children

Lesson Two: Treatment of Children at Risk and Difficult Circumstances2.1 Children Addicted to Dangerous substances2.1 Children Being Beaten at Homes2.3 Child Prostitutes2.4 Working Children2.5 Children Kept in Police Stations2.6 Lost and Abandoned Children2.7 Disturbed Children2.8 Hungry/Starved Children2.9 Begging Children

Lesson Three: Treatment of Child Victims and Handling of Their cases3.1 Major Principles and Functions of Treating Child Victims3.2 Assistance and Support to a Victim Child3.3 Examination of Physical and Emotional Signs3.4 Interviewing a Child3.5 Managing the Case of Child Abuse

The first part is specifically concerned with the issues of street children. It discusses thenature of the problem of street children as well as the principles and practices of policetreatment of street children in detail. The second lesson addresses the different forms ofspecific situations that expose children for abuse, exploitation and harm. It discusses thenature of each specific problematic situation as well as the things the police should do inaccordance to protect and help the child in such situation. The detailed measures the policeshould take are identified in a case-by-case approach. The last part specifically focuses onthe treatment of already victimized children. It deals with the details of the specificprinciples, functions, and processes of assisting victim children and handling their cases.

The lessons in this module presuppose that the trainees have an adequate level ofunderstanding of the basic issues addressed in the preceding Modules, more importantly, theproblems of child abuse (Module Three Lesson 2.2) and the governing principles andstandards of policing child matters’ (Module Four Lesson 2.3). The most specifically relevant



issues /prerequisites/ are indicated and suggested to be reviewed through out the lessonswherever they become relevant.


In the course of their daily duty, almost all police officers often meet children facing orexposed to various forms of difficulties which makes them in need of special care andattention. During such occasions, they are generally expected to take all possible actions tosolve the danger or problem a child is facing.

Accordingly, the first two lessons are generally relevant to all police officers. Relatively, theyare, however, more important to those who are engaged in direct crime prevention duties,more specifically to patrol officers. The third lesson is generally relevant to all officers whoare engaged in investigative functions, and is of most priority to those who are particularlyresponsible for child abuse investigation.



The term ‘street children’ basically refers to the children who live and/or workon the streets. The size of those children may be significant in somecommunities, more specifically, in big towns and cities.

It is obvious that those children are part of the community which the policeare to protect and serve. Moreover, street children are at risk and in difficultcircumstance than other community members. The circumstances, which theyare in, make them more vulnerable to be victimized as well as to becomeoffenders. Accordingly, they even need more attention, care, protection andservices from the police than other constituents of the community.

The magnitude of the problem of streetism in Ethiopia is already very high andhas an increasing trend. Thus, it becomes important for the police to make ita priority area of concern. As a precondition to properly deal with the problem,therefore, the police needs to develop a sufficient level of understanding aboutthe nature and magnitude of the problem as well as the principles andprocesses of managing it. This lesson tries to serve the purpose of developingsuch an understanding.

The lesson starts by discussing the relevance of the issue of street children tothe police and continues to the description and discussion of the nature ofthe problem of streetism which includes its causes, consequences, relationshipto child abuse and juvenile delinquency. It ends up by addressing the roles thepolice can play (the attitudes to hold and activities to execute) to protect andhelp street children.


Introduction

Police Treatment ofStreet Children

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Learning Outcomes

The lesson generally aims at developing the competencies of the trainees on the ways ofpolice treatment of street children by familiarizing them with the nature of the problem ofthe streetism as well as the relevance for the police to deal with the problem. In completionof the lesson, the trainees should specifically be able to:

1) Explain who ‘street children’ are and the circumstances in which they come intocontact with the police;

2) Demonstrate a better understanding of the backgrounds, problems and behaviorsof street children;

3) Identify the forms of abuses/exploitations street children are exposed to anddiscuss the corresponding reasons;

4) Explain the reasons why street children tend to be delinquent and the kinds ofoffences they mostly commit;

5) Discuss the governing principles the police should follow in treating street childrenand express attitudes and behaviors corresponding to such principles;

6) Outline and explain the things the police can do to help and protect street children;

1.1 Scope of the Police Duty to Protect Street Children


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Hint to the Trainer

The aim in dealing with the specific lessontopic is to enable the trainees tounderstand and accept the need to giveserious attention to street children. Theactivities and discussions you may considershould focus on identifying and describingthe reasons why the police have to giveserious attention to street children. Fullclass discussion, facilitated throughbrainstorming techniques, and/or minorgroup works and discussions, can beappropriate methods to deal with the topic.


1.1.1 Significance of Protecting Street Children

Street children are more vulnerable than any other components of a given community. Inmost cases, they have already been abused or at least deprived of their basic human rightsand needs; they are at serious risk of abuse and exploitation; and they are highly exposedto deviance and delinquency. In addition to being in difficult circumstances already, theyare highly exposed to more risks and problems. Accordingly, street children need specialcare and protection of the police more than any one else.

Additional to the above reasons, which emanate from the perspective of the rights andneeds of the children themselves, early interventions to at-risk children are also a necessarypart of any crime prevention strategy. What the police do with regard to the street childrentoday determines the state of crime within the community in the future. As the relationshipbetween the manner of treatment given to street children today and the state of crime inthe future is direct, failure in the performance of the police in dealing with today’s problemof streetism will take to a greater problem of criminality in the future. Therefore, the propertreatment of street children is an essential component of the police mandate to preservepeace in the community.

1.1.2 Conditions in Which Police Come into Contact withStreet Children

The conditions in which police officers may come into contact with street children can beclassified into three. In all such cases, the police have duties and responsibilities toaccomplish correspondingly.

A police officer may come into contact with street children; children in need of care andprotection (e.g. homeless children, ‘vagrants’, children ‘loitering’, begging, involved inharmful work, etc). In such cases, the police have a duty to protect these children as part oftheir mandate to protect vulnerable persons even if they are not victims or offenders. Agiven community under the domain of the respective police service may include many streetchildren in need of care and protection, and it is usually not possible to help them all. Thepolice, therefore, need to prioritize which amongst those children are at more risk of seriousphysical and/or emotional harm. These are the children who require governmentintervention. Accordingly, the police need to exercise good discretion on a case-by-casebasis in deciding whether or not to take action with a particular street child.

Another condition in which the police may come into contact with the street children iswhen the children become victims of crime. Apparently, the police has a duty to protectthese children, to take their allegations seriously and to handle their complaints in a child-friendly and sensitive manner. These duties and related principles are discussed in lessonThree of this module.

Moreover, the police may come into contact with street children who are in conflict with thelaw (e.g. those who have committed both serious and non-serious offences). In such case,also, the police have a duty to protect these children, even though they have committed an


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offence. A street child in conflict with the law is likely to be a child in need of care andprotection, support and guidance also. Hence, the police needs to treat the child accordingly.Police should handle these children in a child-friendly and sensitive manner which complieswith the applicable international and national standards, with an emphasis on diversion andrestorative justice options, and detention remaining only as a last resort.

A given street children can also fall into more than one of these categories. Even a streetchild who is suspected of committing an offence is likely to have also suffered abuse and/orexploitation. This may have happened either prior to leaving home or whilst actually on thestreets. A street child in conflict with the law may willingly and freely chose to commit crimeor he/she may be forced by others into committing crime; or he/she may feel he/she hasno other option due to limited choices about the ways to survive on the streets. It isimportant to understand the choices, limited choices and non-choices, that children havetaken which have led them into specific situations.

1.2 Police Understanding and Attitude towards Street Children

The level of understanding the police have about the nature of the problem of streetismand the street children significantly determines the attitude they develop towards the childrenas well as the extent of their effort to protect and serve those children.

Therefore, the police are strongly advised to develop contemporary facts about themagnitude of the problem of streetism in general as well as the specific profile of streetchildren within the communities they serve.

Such profile might include information on: � Number of the street children; � Categories of street children (homeless, working, with or without families etc.); � Average age and gender breakdown; � Place of origin;� Family background;� Average education level of all children on the street; � Reasons for being on the streets; � Type of work street children do: � Problems experienced and challenges faced; � Attitudes and aspirations of the street children;� The goods and bads of their behavior and personalities;

It would be possible to develop this information by getting hold of statistical data and/orthrough survey and discussion with the street children them selves about their situations andlife stories.


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Hint to the Trainer

The aim here is to enhance the level of understanding andattitude/view the trainees have concerning the nature of theproblem of streetism as well as the street children. Accordingly,the activities and discussions you may consider should focus onidentifying /outlining/ and describing the state of conditions ofthe following in their respective communities based on theirexperiences:

1) Regarding the understanding of the nature of theproblem in their respective communities: (a) magnitudeand trend of the problem; (b) causal factors leading childrento streets; (c) the kinds of problems/challenges/difficulties/the children are facing on the streets; (d) the way the police istreating them; etc

2) Regarding the understanding and attitude towards thestreet children and their problems: (a) profiles of thechildren on the street (age, sex, family background, etc); (b)life styles: the way they live, places they live, coping strategiesto the problems they face; (c) more importantly, what theyfeel/believe/know is ‘good’ and ‘bad’ about street children.

Method and process

1) Form different groups based on the similarity of the contextsof the communities they came from; distribute the activitysheets (which you should develop based on the above points)and describe the purposes and process; follow up and assistthe group work process; facilitate group presentations and fullclass discussion.

2) Check their understandings against the general features of theproblem as well as the children described below and makecorrections on the information and attitudes as it becomesimportant.



1.2.1 Key Features of Street Children and their Problems

The range of children who can be referred to as ‘street children’ includes those children whoare homeless; who work on the streets but sleep at home; who either do or do not havefamily contact; who work in open-air markets; who live on the streets with their families; wholive in day or night shelters;

It is obvious that the situation of all children living and/or working on the streets is verypoor. They live without adequate food; the health problems they face remain unattended to;they, often, do not go to schools; they are not provided with the proper care and protectionby the law enforcement bodies; etc. On top of all these problems, many of them aresubjected to many forms of violence.

Here are some general facts to be noted about street children:The factors which drive children to the streets are as complex and divers as theexperiences of each child once they are on the streets.


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If possible, try to bring street children into the training, andencourage them to do similar exercise to the one done by thetrainee police officers. More specifically, to explain (a) the reasonswhy they end up on the street life; (b) how they survive/live onstreets - the way they live: the work they do; places and mannersof sleeping; sources and manner of feeding themselves; theirmovement, how they protect them selves, etc; (c) the problemsthey face; (d) their views towards the police: what theyfeel/believe is the role of the police concerning them; the badand good experiences they have with the police; what they wishto get and see from the police (both what has to be done for themby the police and how they wish to be treated by them)

Bring them to all the class discussion, unless and otherwise thatcreates unmanageable confrontations and may worsen theconditions of the children. In such case, just use the result of thework of the children.

Make comparative discussions on the perspectives of thechildren and the officers. Bring in the required corrections andadditional points concerning the understanding, attitudes, andprinciples. Reach consensus with the participants on theconclusive views and identified gaps from the police side.Develop specific strategies to bring changes/improvements onthe identified areas of problems from the police side.


Children may spend a large proportion of their day or indeed their whole time onthe streets for different reasons. Once on the street, children are exposed to a number of risks on a daily basis Most street children are involved in informal employment such as selling a rangeof goods or begging.Those street children who are fully detached from their families may travel backhome during the evening. In some cases, the homes may be very far from the townor city centers.Those street children who cannot afford to go home or do not have homes to go tospend their nights on the streets, and, often, are required to move along to otherlocations.Children, like adults, possess many characteristics that define their personalities,influence how they react to situations and the choices they make in life.Many street children possess an impressive resourcefulness and capacity for survivalwhich is often forgotten by those who come into contact with them and who seethem as a societal problem which needs to be resolved.

1.2.2 General State of the Problem of Streetism in Ethiopia

Streetism, although the magnitude various, is a common problem of most cities and bigtowns all over the world. Similar to the case of the problems of other forms of child abuseand neglect, streetism is also a more significant problem in less the developed countries likeours.

Taking the average of the various estimations made by different bodies, for instance,Ministry of Labor and Social Affairs and UNICEF, the size of street children in Ethiopiais estimated to be about 200,000. Moreover, there is a general consensus that the numberof street children is increasing.

Various surveys indicate that most of the street children are migrants form the surroundingrural areas in search of educational opportunities, employment possibilities, immediaterelatives, etc ... These children, mostly, come from broken families with very low income andhad to depend, for their living, on what they could eke out from odd jobs in the informalsector of the economy such as shoe-shining, casual labor, and trading small items. Some arebeggars and the majority of them live in very dangerous conditions.

From the conditions aggravating the situation of street children, destitution of parents, thedeath of one or both parents, separation or divorce of parents, cruel treatment at home, andman made and natural calamities, the problem of school dropouts and unemployment haveappeared to be the major causes.

See, also, more the detailed list of causal factors and consequential implications of theproblem of streetism developed, based on the international experiences, in the next table..


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FACTORS THAT LEADCHILDREN TO STREET LIFE

PROBLEMS FACED BYTHE CHILDREN ON STREET LIFE

Poverty

Physical, psychological and/or sexual abuse in thehome (made worse in some cases by alcoholismand/or drug abuse by care takers)

Neglect / lack of protection;

Loss of home or property

Family breakdown

Orphaned or separated due to disease (inc.AIDS), natural disasters, conflict etc.

Lack or deprivation of economic and culturalopportunities and facilities, for instance being outof school, limited access to health facilities;limited access to recreational activities; etc

Limited connection to religious or communitygroups

Migration

Illegitimate child who has been rejected byparents or other family members;

Pressure to work to support family or self.

Exploitation by adults

Trafficking

Social discrimination & traditional cultural beliefs(e.g. blaming a child for bad luck / witchcraft)

Lack of care, support and love

Basic needs of clothing, food and shelter are notfulfilled

Lack of education

Unhygienic environment

Poor health and nutrition / vulnerable to diseaseand

Infection, including sexually transmittedinfections.

Substance abuse

Life full of uncertainties / insecurity

Physical, psychological and/or sexual violenceand exploitation (from adults, each other, securityguards and the police)

Exposure to sexual activity - ‘comfort’ / ‘survival’/ coercive /forced sex

Trauma

Exposure to illegal activities / coerced intocommitting crime

Poor working conditions/ economic exploitation.

Neglect, discrimination, fear and hatred,

Lack of bonding/trust

Lack of positive role models


1.2.3 Streetism and Child Abuse

Abuse at home and living context is one of the major reasons which are known to leadmany children to end up on the street life. Moreover, once they are in the street life, childrenremain economically and socially disadvantaged and become more exposed to be victims ofthe various forms of abuses/offences such as physical infliction, extortion, and exploitationon a daily basis.


GENERAL CHARACTERISTICSOF STREET CHILDREN BEHAVIOURAL MANIFESTATIONS

Contradiction between outward behavior(possibly ‘street smart,’ aggressive andmanipulative) and inner self (sensitive, sad,rejected, hurt, fearful, untrusting)

Freedom loving

Independent in nature

Resourceful and creative

Resilient

Adventurous

Short attention span

Low self esteem

Impulsive

Sharp mood swings

Non-trusting towards adults and theirenvironment,

Sense of non-acceptance by majority of society,

Sexually active at an early age

Attracted to gang culture for friendship andprotection:

Strong desire to be accepted by peers.

Organized in their thinking;

Many feel alone and long for family togetherness,

They always remember injustice done to them

Rebellious in nature

Antisocial behavior / distorted value systemdeveloped in order to survive - bullying, beingaggressive and deceptive, lying and possiblystealing (but underneath the aggression often liesinsecurity and fear)

Often confrontational with each other:Relationship difficulties - fear of forming-newrelationships due to fear of separation and lossbased on past experiences

Crave love, care and affection

Depression and self-harm.

Very energetic

Unpredictable behavior

High levels of sexual activity, both heterosexualand homosexual

Judgment may be impaired through substanceabuse

Possible involvement in petty or serious crime

Depending on choices available and personalityof individual children

Source: Marie Werham, et., al(2005) page 118


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Hint to the Trainer


Purpose and Focus

Your aim here is to convince the attendants about the fact thatstreet children are exposed to more forms of abuses andexploitation than other children. Thus, the activities anddiscussions you may need to consider should focus on theidentification and description of (1) the specific reasons why streetchildren are generally believed to be more vulnerable to abuse andexploitation, (2) the forms of abuses commonly committed onthe street children, (3) the statistical facts evidencing that streetchildren are more abused and exploited than others.

Method and process

1) Refer back to the key learning points from the lesson on theproblems of child abuse in Ethiopia (Module Four Lesson2.3). Explain the magnitude and forms of abuse that happensto children in general. Remind the fact that street children arethe more vulnerable group of all children.

2) Encourage the participants (individually or being in groups) toimagine/explain how large the proportion of street childrencould be from the total number of child victims of criminaloffences as well as other forms of abuses by identifying andexplaining the specific reasons for that conclusion/view, basedon lessons from the preceding topics. Or

3) Encourage the participants (a) to list number of the cases ofabuse and criminal offences he/she remembers fromexperience including, if possible, a description of each formof abuse or offence, (b) to identify those cases where the victimchild was a street child, (c) to define the relative proportions.

4) Conduct full class discussion and ensure that all have acquireda proper and similar understanding. If you have alreadyorganized or prepared sample statistical facts /which isdefinitely expected of you/ compare the outcomes from thetrainees exercise and conclude the point by getting theparticipants to agree that street children are more vulnerableand victimized than other children.

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A report of the study made by MoLSA and UNICEF (2005), at Sashemene and Dilla towns,indicated that out of 100 street children who were asked if and what kind of violence theywere facing in the streets, 88.1 % of the female and 77.6% of the male respondents reportedto have faced violence. The report also indicated that the major form of violence thechildren were facing was physical abuse and the frequently mentioned abusers were streetgangs. The same study report further indicated that one fifth of the girls and one tenth ofthe boys stated that they were raped.

Street children are also maltreated (more than others) by the police: often, their complaintsare not taken seriously; they are chased and beaten; are arbitrarily arrested; etc.

1.2.4 Streetism and Delinquency

Streetism is the most associated state of condition with the problem of delinquency. Thereare many reasons that expose street children to involve in delinquent acts and behaviors.From the total number of child offenders, the relative proportion of those who are fromthe category of street children is, often, seen to be much higher than others. This is typicallytrue and is greater in the communities where streetism is a significant phenomenon.


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Hint to the Trainer

Purpose and Focus

Your aim here is to convince the attendants that street childrenare left to be more exposed to involve in deviant and delinquentbehaviors than other children and that they are not basicallyresponsible for the causal factors which have exposed them to bea delinquent. The activities and discussions you may need toconsider, accordingly, should focus on the identification anddescription of (1) the specific reasons that make street childrenmore prone to deviance and delinquency, (2) the forms ofdelinquent acts or offences commonly committed by streetchildren, (3) the statistical facts and/or real case storiesevidencing that it is their background and the situation they arein which is exposing them to come into conflict with the law.

Method and process

1) Refer back to the key learning points from the lesson on theproblems of juvenile delinquency (Module Four Lesson ——).


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Explain the magnitude and forms of delinquencies/offencescommitted by children in general.

2) Remind the fact that street children are more vulnerable to beoffenders for various reasons and invite discussions and dobrainstorming concerning the reason that makes streetchildren more prone to be offenders. Note the pointsindicated in the paragraph next to this box.

3) Encourage the participants to ref lect back on theirexperiences and (1) to list the number of cases or offences,that are committed by children in general, he/she remembersincluding a description of each form of the offence; (2) toidentify those cases where the perpetrators were streetchildren; and (3) to determine the relative proportions ofoffences committed by street and non-street children.

4) Develop various case histories of different street children whohave been involved in conflict with the law. Make sure thatthe cases include sufficient information in the followingpoints: (a) Family background and upbringing of the child;(b) Educational background; (c) Community and socialenvironment; (d) Peers activities and role models; (e) Age,character and personalities of the child; (f) Significant lifeexperiences including stressful events, if any; (g) Crimecommitted and reason for committing the crime; (h) The rootcause of his/her offending.

5) Distribute the case to the participants and why each streetchild, represented in the cases, committed the offences basedon the above framework. Finally, conclude by making notethat it is the background they have passed through and thesituation they are still in that is exposing them to commit theoffences, and that it is not themselves who should take theresponsibility of such causal factors.

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In addition to poverty, family dysfunction / lack of guidance from a caring adult are themajor factors that contribute to children committing crimes. When a child does not feelloved or cared for, his/her resistance to negative peer pressure is quite low. Combined withthe lack of education or low educational achievement, children are vulnerable to gettinginvolved in crimes.

Inexperience shows that, by far, the majority of crimes committed by children are povertyrelated, e.g. theft, and only very few street children commit serious offences like robbery.


1.3 Principles and Processes of Police Treatment toStreet Children

There are many things which the police should and can do to help and protect children. Firstof all, they should always remember the governing principles in dealing with children in generaland be able to realize those which are specifically applicable to street children. The policeshould and can also help street children in finding social support systems. Moreover, they canperform various functions that help and protect street children in their day-to-day duty.

1.3.1 Governing Principles of Consideration in Treating Street Children


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Hint to the Trainer

Your aim here is to help the trainees to understandand accept the principles they need to follow indealing with street children.

Give exercises to the participants to identify anddescribe the principles specifically applicable indealing with the street children from thegoverning principles in dealing with child mattersin general which are addressed in Module FourLesson 2.3 Make the trainees present in full classand facilitate discussion. During the discussionand conclusion, make sure that the four principlesdescribed below are focused.

Best interests of the child: treat each child as you would treat your own child, on anindividual basis as their backgrounds and circumstances differ. As a police officer, it is notenough for you to know the roles and functions: you also have to develop the right attitudefor the job. Be firm, friendly and fair in your response to street children in whatevercondition you come in contact with them up.

Be child-friendly and gender-sensitive: remember that children are different from adultsand that boys are different from girls. Difficult behavior and making mistakes is a naturalpart of growing up. Street children are children first and foremost, even if they sometimesappear to act like adults. Remember that their emotional and moral development may be at


a low level due to the lack of positive influences in their lives. Adapt your behavior to thespecific needs of all children on the streets.

Non-discrimination: do not treat street children differently just because of the fact thatthey are abandoned on the streets - no one is there to stand for their rights and protection;they are generally perceived to be offenders by the community or concerned officials; andthe way they look, act and behave in order to survive on the streets. Treat them equally asyou would treat any other child on the same situation.

Recognize the reason to their choices: understand why some children have no choice butto leave home and why some street children ‘choose’ to turn to delinquency and substanceabuse. You should understand why a child ‘chooses’ to commit a crime. For many childrenwho are not lucky to have the support of good family, these choices may be just a must.

Contribute positively to their future Life: Remember that you, as a police officer, can helpto change a child’s life by understanding and expanding the choices available to that childwhen they come in contact with you. Understand the choices available to each street child;look for better possibilities; empower the child to consider more and better choices; andbecome a part of his/her social support system. This will help them to get out of thenegative situation they are in now and create a better opportunity for their future.

1.3.2 Finding and Being Part of the Social Support System

Several factors contribute to a child’s transformation either into an accomplished memberof the society or to one who finds him or herself in conflict with the law. The challenge toresponsible adults is to create an environment which is conducive to the wholesomedevelopment of the child.

A child’s ‘social support system’ refers to the people who play a positive role in the life ofa child, and, in situations of crisis, could function as a network for the child to fall back onand get help. In wider context, a child’s social support system could include: mother, father,brothers and sisters, friends, extended family (aunts, uncles, cousins, and grandparents),neighbors, doctor, nurse, dentist, priest / pastor / imam / other religious leader, teachers,shopkeeper of a local cafe, youth leader from an NGO centre, NGO outreach worker,definitely a police officer.


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Hint to the Trainer

Purpose and Focus

Your aim here includes (1) enabling the participants tounderstand the meaning, constituents, and roles of a child’ssocial support system; and (2) encouraging them to be part ofthe social support system to the street children.

The activities and discussions you may consider are suggestedto focus on making the participants (1) think or review back totheir experiences (identify their own childhood social supportsystems); (2) compare their own experiences with thecircumstances of the street children and the systems available tostreet children; (3) assess whether they can become part of thesupport systems of street children; and (4) evaluate, accordingly,what they have been doing to the street children - check whetherthey are contributing more positively or negatively.

Method and process

The following exercise seems to be very good and you aresuggested to consider it.

Order each participant to take a blank piece of paper and drawa small picture of themselves (or write their name) in the centre.Next, tell them to draw a vertical line down the middle of thepaper, dividing it in two. Ask participants to close their eyes fora few minutes and think about all of the people who played asignificant role - both positive and negative - in their lives whenthey were a child / young person. They should then write / drawthose people who were a positive influence on the left hand sideof the paper and those who were a negative influence on theright hand side of the paper. Inform them, also, to indicate thedifference in the scale of influence each person has had byputting different signs - (e.g. if the influence of a particularperson was very strong, then they can be placed close to theparticipant near the centre of the page, or they can be joined tothem by a strong line; if the influence was weaker, then they canbe placed further away or joined by a broken / dotted line).

Explain to the participants that this exercise is a personal oneand encourage them to use their imagination and creativity to



Lesson1build up this personal picture to represent positive and negativeinfluences on their development. Ask the participants to think about the following (they do nothave to answer out loud if they do not want to - this worksequally well as a quiet, reflective exercise).

� Was your overall childhood / youth experience positiveor negative?

� Did you have a wide range of people to support you -both within and outside your family?

� Think of the time when you were in trouble as a child:who helped you? What would have happened if youdidn’t have anyone to help you?

Next, ask the participants to think of a child they know on thestreets or who they have arrested in the past:

� If that child filled out one of these diagrams, whatwould it look like?

� Would the influences on that child be more positive ormore negative?

� Would that child have a wide range of people to supportthem - both within and outside their family?

� Who would be able to help them when they are introuble/problem?

� What would happen if they don’t have anyone to helpthem?

� If the child were to include you in their picture, onwhich side of the drawing would they place you? - As apositive or negative influence?

� If you think you would be on the negative side, is therea way you could become a positive influence in thatchild’s life? Can you, as a child-friendly police officer, bepart of that child’s social support network? How?

Conclude by explaining what more police officers can do to helpthe street children to find positive social support opportunities,including those outlined below.



Accordingly, police, as an institution and officers individually, as a responsible adult, shouldat least do the following.

Know who makes up the child’s social support system. Try to find people to be withinthe possible social support system for a street child.

Be a positive role model for the children by combining authority and friendliness at thesame time.

Have a list of referral information which includes medical facilities, shelter-homes, drugrehabilitation centers, NGOs etc. for referring children for specializedsupport/emergencies.

Make sure the children know about local NGOs and other services which are available.

Whenever possible and appropriate facilitate the process of reintegration of the family;

Be a part of the social support system: providing protection, care, and counseling;facilitating financial and material support; personally supporting some children byfeeding, providing shelter, financing for schooling, providing work, etc.

1.3.3 Other Positive Things the Police can do to Help & Protect Street Children

In addition to fulfilling their general duties to protect children, there are also specific actionspolice officers can take to help street children. Here are some of the suggested measureseach police officer could do to help and protect street children.


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Hint to the Trainer

Your aim here is to help the trainees to develop a list of morespecific activities a police officer can perform to help and protectstreet children.

Give an exercise to the participants to identify what each officercan/should do accordingly - list and describe different activities.Encourage them to think by empathizing with the street childrenthey know. Organize the lists developed by differentindividuals/groups and develop a summarized list of activities.Check the list against the ones outlined bellow. If there is one fromthe following list of activities not included in the list developed bythe participants, invite discussion on it and add it to the summarylist. Discuss further on the realizablity and the detailed processesas well as the corresponding challenges in applying each function.


Identifying places and times where the street children in the local area are engaged invarious activities such as working, begging, playing and sleeping. Include these areas inthe regular patrol rounds.

Showing a genuine interest in each child and her/his personal situation. Taking time toestablish eye contact, speak to, get to know, and make friends with the children on thestreets.

Evaluating how he/she could help the children on the street and providing all thepossible assistances;

Giving them advice and guidance considering as if they were her/his own child. Passingon information to the children about basic hygiene, the importance of safe sex, theharm of substance abuse etc.

If some of the older children are bullying or being violent towards the younger children,taking them to one side and counseling them about their behavior;

Letting the children know that they can come to him/her if they have problems - forexample if they are being beaten or abused by particular members of the public - andthat he/she will treat their complaint seriously;

Joining them in friendly games of football and other activities - especially those whichencourage the children to spend their time in a structured way, keeping to agreed rules;

Try to know them personally - personal particulars, history, other addresses, any relevantdistinguishing characteristics: whether children are lost: where and with whom theylive; where their families live; why they are on the streets; when was the last time theywere at home; how do they feel about being on the streets;

If there is a telephone helpline in the community, making sure the children know thetelephone numbers so that they can call if they are in trouble.


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Lesson1

Street children are individual human beings with complex problems andare often victims/survivors of violence, abuse, and neglect even beforecoming into contact with the law.

Police are mandated to protect all children they come into contact withwhether they are in need of care and protection, victims or perpetrators ofcrime. Many street children may not have chosen to be in the situation theyare in. The police should help them get out of bad situations by treatingthem with compassion and understanding.

There are different categories of street children. Some are homeless butmost have contact with their families. Within these categories, some needthe help of the police more than others. Thus, police should be able tospot the children who are most at risk of serious physical, psychological,and sexual harm. Each boy or girl has a different story. Understanding andtaking an interest in their stories will help the police to fulfill their duty toprotect and guide them and become their friend, not an enemy.

Police officers have to find out as much as they can about the social supportnetwork of the child in the street life as soon as possible, as this will helpthem to identify the best range of options available for that child. It iscompulsory to contact someone who the child feels comfortable with assoon as possible after the police comes in contact with the child whether heor she is a victim/survivor, in need of care and protection, or a suspectedoffender. Be a positive rather than a negative influence in a child’s life.

Never forget that it is not their fault to be on the streetand that it is not an offence/crime by itself to be on street;

Realize and always remember that children on the streetneed and have the right to police protection even morethan other members of the community;

Summaryand

Key Learning Points




Lesson1

240

Do not discriminate and maltreat them;

Understand that street children may act and behavedelinquently because this is how they survive on thestreets: build a balanced image of street children focusingon their positive qualities rather than dwelling on theirnegative qualities;

Consider them as if they were your own child and bepart of their support system


This refers to those children who are known to be in difficult circumstancesthat can expose them to high risk of abuse and/or delinquency and, hence,make them in need of special care, protection, and service from the police.

The type of children who may fall under this category can include streetchildren as well as others who are under a circumstance that is exposingthem either to abuse and exploitation or to potential harm. These are alsoa component part of the children who needs special care and protectionfrom the police.

The lesson specifically focuses on the police’s treatment of such children.It identifies some of the most common situations that expose children forabuse, exploitation and harm; discusses the nature of the associatedproblems; and explains the things the police should/can do with regard toeach situation or the child in it.


Treatment ofChildren at Risk and

Difficult Circumstances

Lesson 2

241


Learning Outcomes

The lesson basically aims at acquainting the participants with the things the police officersshould do with regard to children at risk and/or in difficult circumstances. In competitionof the lesson, the participants should be able to:

1) Describe the common situations that can expose children to abuse, exploitationand/or harm;

2) Identify and understand a child who is at risk and/or in a difficult circumstance;

3) Tell what police officers ought to do with regard to children exposed to differentforms of difficult circumstance;

4) Identify the gaps in the contemporary practices of police treatment to children atrisk and/or in difficult circumstances

5) Provide the proper treatment and support to children who are at risk and/or indifficult circumstances.


Lesson 2

242

Hint to the Trainer

Problems/incidents that are frequently encountered, includingthe actions that could be taken by the police correspondingly,are specifically addressed bellow. Please note that these are onlythe major and the most common ones and there might be morekinds of situations and/or children that may fall under similarstate of conditions within the communities the participants camefrom. Thus, you need to encourage the participants to identifyand discuss on the specific cases that are more frequent andsevere in their respective communities

Before starting to deal with the specific circumstances outlinedin the lesson on one-by-one basis, please refer back to the lessonon the most prevalent forms of child abuse problems (Module3 Lesson 3.2), and have a general discussion about the problemsof child abuse. This may need to be given with more attentionand time in cases where the participants have not dealt with theprevious lesson. Help the trainees become reminded (if theyhave already dealt with the lesson) or informed of the basicfeatures of the specific forms of the problem (if they have notalready dealt with the lesson).


Lesson 2In dealing with each form of the situations, you shouldcommonly focus on the following points. More detailed, specific,issues to be addressed are described under each case.

1) Understanding the situation: nature and magnitude of theproblem; possible negative consequences and implicationsof the situation;

2) Understanding the children in the situation: identificationor detection of children who are or likely to be in thatsituation;

3) Police treatment and functions: what the police officersshould do; how they should treat the children and handlethe situation; etc

4) Reviewing the practices of the police: what is being donenow; what is missing that ought to be; the reasons for notdoing what is ought to be done; the measures needed tobe taken to reverse the practice; foreseen opportunitiesand challenges for the future; etc

In dealing with the lesson topics, you may consider manyalternative approaches including: (1) full class discussionsfacilitated through brainstorming; (2) individual or groupassignments; (3) making use of real or hypothetical casesrepresenting each of the situations addressed in order tostructure and guide the activities and discussions; (4) dealing witheach topic sequentially on a one-by-one basis where all thegroups formed from the participants are doing the same activity,or different groups are assigned to work on different topics andall-class discussions are held finally on all the topics.

You can, also, consider using cases either in due course of thediscussion as a facilitating tool, or at the end of lesson as a toolof recap. Develop different cases containing information thatyou believe will help more to achieve the learning outcomes; andask the participants ‘what they would do?’ with regard to eachcase; use the responses either as starting points of discussions oras means to check the understanding of the participants (recappoints).

Here under are few samples of the cases you may need todevelop.



2.1 Children Addicted to Dangerous Substances

The terms ‘substance’ describes any psychoactive material which, when consumed, affectsthe way people feel, think, see, taste, smell, hear or behave. A psychoactive substance canbe a medicine or an industrial product such as glue. Some substances are legal such asapproved medicines, alcohol and cigarettes, chat, and others are illegal such as heroin andcannabis.


1) At a busy road junction (crossing point with a traffic light)you see an older boy pulling a blind younger girl by the armfrom car to car, begging. What do you do?

2) A girl appears to be about 14 and looking very upset approachesyou on the road close to the national/regional bus station. Sheexplains that she has just arrived from the countryside and thatshe has had her bag stolen, including all of her money, food,and the address of the place where she was told she could getwork as a domestic worker. What do you do?

3) You stop for a drink at a local tea stall. Whilst there, youwitness the owner of the shop beating and shouting at theyoung boy who is helping to serve tea. What do you do?

Hint to the Trainer

The activities and discussions you may consider shouldfocus on clarifying the: (1) meaning and types of dangeroussubstances; (2) children who are more exposed to substanceabuse; (3) reasons for taking each type of the dangeroussubstances; (4) possible effects/consequences of taking thesubstances; (5) relevant implications to the police - why itbecomes relevant to the police to deal with; (6) methods ofidentifying children who have taken dangerous substances;(7) places where the practice of substance abuse is morecommon or probable; (8) what the police officers shoulddo accordingly, and how to treat them when they come upwith ‘high’ children.

Lesson 2


In Ethiopia, drug trafficking is not yet a serious problem. However, some data indicate thatespecially in Addis Ababa local addictive substances are being sold illegally and are usedmostly by the youth.

The types of substances used by the children vary greatly depending on the localcircumstances, availability, cultural practices and geography. Street children are one of thehighest risk groups for drug and substance abuse, and it is known that many street childrenoften engage in sniffing benzene and other chemicals as well as chewing chat, smokingcigarettes, and taking alcohol.

Street children use psychoactive substances (drugs) because they add something to theirlives or they temporarily ‘solve’ a problem. Different substances produce different effectsand, therefore, the street children abuse substances for a number of reasons, for example:to quell hunger; for escapism / to anaesthetize physical or emotional pain; for courage; aspart of peer bonding activities linked to friendship and street gang culture; to keep street-living children awake for work and / or alert to possible violence; to facilitate sleep duringthe cold nights.

Such abuses could result in drunkenness and excitement for committing criminal acts;unconsciousness; death; addiction, and psychology of a criminal. Substance abuse is likely tobring children into contact with the criminal justice system for the following reasons: thepractice of using drugs is, in itself, usually criminalized; children may sell or traffic drugs or actas couriers as part of the gangs; children may commit crimes such as theft in order to satisfyaddiction; crimes involving violence may be committed under the influence of drugs; etc

Here under are some of the things the police should do accordingly:

Know the aggravating factors causing addiction, i.e., seeing others doing it; to like thetemporary sense of happiness; freedom and excitement; to prevent hunger; toprevent the cold;

Know children who are easily exposed to the problem: i.e., street children; those whocurtailed their education by stopping to attend school; children who live in localitieswhere cheap liquor and drinks like Araki, Tella etc, are sold; children who live in anarea frequented by addicts;

Identify places suitable for such addiction: i.e., fuel stations; sleeping places of thestreet children; circles in intersecting roads which are covered by trees or othershrubbery; residential areas with a series of houses without dividing fences; where lowincome residents and over crowded houses are found; shops which sell localbeverages such as ‘Tella’ and ‘Araki’, ... etc;.

Know modes of intake: Though there are many methods of intake of addictivedrugs and dangerous substances, those mostly used by children include: chewing(chat), smoking, sniffing (benzene) - right from the container; by wetting clothes; byburning the container etc.


Lesson 2


Know the symptoms seen on victims: i.e.,

� Smell� Dryness and lacerations around mouth and nose� Remnants of the addictive substance or fluid� Excessive courage� Isolating oneself and Loneliness� Lack of physical balance� Lack of concentration� Lack of or diminished appetite for food

Note and apply the following:

� Not all street children use substances; � Don’t judge the ones that do; � Remember the reasons why they do this and show them that you understand; if a

child is ‘high,’ express your concern in a way that shows you care; � Don’t beat them or pour glue on them to ‘teach them a lesson’ as this will not help; � Don’t scold or yell at them unless you can offer concrete help; � Find out about social workers or NGOs in your area that have experience of dealing

with substance abuse and make sure the children are aware of these programmes; � Remember that if they are ‘high’ they are not reacting ‘normally’; � Be patient and deal with incidents on a case by case basis; � If the child has committed a serious offence and needs to be taken into custody, give

him or her time for the effects of the substance to wear off before interviewing ashe or she is unlikely to be give an accurate information or understand what ishappening to him/her;

� Be aware that children undergoing withdrawal from substances are likely to be verydistressed and possibly physically ill (for example in ‘detention or during interviews);

� Ensure that the proper medical attention is given.

2.2 Children being beaten at home

Violence/abuse in the home occurs all over the world and it is rampant in most Ethiopiancommunities. However, in many communities the subject is still considered anunmentionable. It is believed to be a private ‘family matter’ and cases are often not reported.This is because people do not understand the criminal nature of child abuse or the conceptof child rights. Children themselves have very little power or knowledge of how to reportan act, especially if it has been committed by someone they know.

Police musts also take the violence against women in the home very seriously, not only inits own right, but also due to the serious consequences it has for children who witness it.


Lesson 2


Accordingly, the police need to develop information on the manner of handling children athome, on every family, if possible, or on suspected families within the community; then,facilitate for the development and implementation of the possible preventive interventionstrategies for those families who are known to be in high risk of abusing their children.

If a police officer comes across a parent or any other responsible member of a familycommitting physical abuse in the name of disciplining the child, he/she should performthe following tasks: -

Stop the lashing Warn the abuser; inform him/her about the legal accountability.Give advice: explain the adverse effects, suggest proper methods/approaches todisciplining.Reconcile: establish rapport, and make him/her leave the lashing and establish goodrelation with the child.If the beating is expected to continue, remove the child. By making the child staywith the police or at the station, talk with the family/parent when the anger hassubsided.

In case where the beater is outside of family or with no responsibility and legitimate powerover the child’s character , arrest the offender.

2.3 Child Prostitutes

The police should recognize that child prostitution is a form of sexual abuse and that bothcustomers and facilitators (if there are any) are sex offenders. They, also, have extended this


Hint to the Trainer

Review back (or encourage the participantsto refer back) to the lesson concerning familyintervention - family based preventivestrategies (Module 5 Lesson ——). Identifyand discuss those strategies specificallyapplicable to this case. Outline and agree onthe measures a police officer can take whenhe/she comes into contact with a child beingbeaten by a family members as well as nonfamily members.

Lesson 2


to pro-active multi-agency working which seeks to detect children and provide them witheffective exit routes. Children in this situation must be treated as being in need of care andprotection or as victims/survivors.

If a child is involved in commercial sexual exploitation (e.g. prostitution photography andtrafficking) they should not be criminalized for it. It is the ‘clients’ pimps, traffickers andexploiters who are guilty and who must be prosecuted, not the children themselves.

Treat the child as one being in need of care and protection. Be sensitiveunderstanding and compassionate at all time. Remember how you would feel if itwere your own child.

Get full information about the child suspected of being a prostitute. Get to knowabout who, how old, where /living, working, came from, etc/, with or to whom, etcof the child.

Check whether there is the possibility of the child to have been abused or exploited.

Get to know about the potential abusers

If there is evidence enough to pursue a criminal case against the abuser then establisha case and treat the child as a victim.


Hint to the Trainer

1) First, ensure that the trainees have acquired the proper level ofunderstanding about the child prostitution and it being oneform of child sexual abuse and exploitation by referring backto the lesson in Module Three (Section 2 Lesson ——.)

2) Then after, encourage the participants to review back to thelesson concerning the preventive strategies (Module 5Lesson ——) and help them to increase theirunderstandings about the strategies specifically applicable tothis problem.

3) Brainstorm the trainees to identify what a police officershould and shouldn’t do when coming up with a childprostitute. Improve the list below using the inputs from thediscussion, and agree on the total list of activities

4) Finally, invite discussion about the detailed process andmethods of realizing each of the measures agreed to betaken and assess how realizable are these measures are intheir respective communities.

Lesson 2


2.4 Working Children

Children are legally protected from involving in works that can negatively affect their properdevelopment. In accordance to the international standards, which Ethiopia has ratified, theminimum age of employment is 14. However, underage labor and child economicexploitation is rampant in Ethiopia. Accordingly, police has a duty to protect children fromall the practices of work related abuse and exploitation, more importantly to protect childrenengaged in wage labor from abuse and exploitation.

The police, generally, should approach children as a supporter and a concerned person, andcollect information as to why he/she is engaged in such activity, who has sent them to takethe job, the identity or address of the parents or family etc. Meet the family and/or the jobprovided in cases of paid labor and provide counseling, or arrange a favorable environmentfor the child to understand the problem.

Here are some of suggested measures the police should consider with regard to workingchildren within the community of their service domain.


Hint to the Trainer

1) Review back to the previous lessons related to the subject:(a) Rights of a child to be protected from work which isnegatively interfering with her/his proper development aswell as labor exploitation (Module 2 Lesson 2.2.3); (b) theproblem of child labor and exploitation in Ethiopia (ModuleThree, Lesson 2.2.4 Clarify the key learning points fromthere that are specifically relevant to the points of learninghere.

2) Review back to the lesson concerning general preventivestrategies (Module Five) and help the students to have moreunderstanding about the measures specifically applicable tothe problem of child labor and exploitation.

3) Encourage the trainees to identify what the police officerscan or should specifically do with regard to working childrenin their respective communities. Improve the list below byusing the inputs from the activities and discussions.

Lesson 2


Collect indicative information from collaborators and stakeholders. From those whoare working for the maintenance of the children’s right and welfare within thecommunity for instance,Visit the places where the children work and scrutinize the nature of the work andthe way they work so as to identify whether there are possibilities that hurt of a child’sdevelopment and involve abusive or exploiting practices,Get to know the places and institutions where children are engaged in paid labor;the amount of money they are being paid and the length of working time.Get records of the children hired by institutions within the community, andcontinuously follow-up their state of conditions,

2.5 Children kept in police stations

When children stay in the police station for various causes such as detention of theirmothers, for interview, to be removed from abusers, to appear to court etc. the followingconditions shall be fulfilled:

� Basic needs (Food, drink, medical care, drugs, sanitary facilities, sleeping places,clothing, etc) satisfied.

� Kept away from adult offenders� Conditions conducive to behavioral change be arranged� Counseling services be provided� Recreational services be arranged


Hint to the Trainer

Encourage the participants to identify and discussthe reasons that oblige children to stay in the policestations; potential problems associated to keepingchildren in police stations; and the things the policeshould do when children are kept in the policestations. It needs to be deal with in a more detail way,and to consider visiting some police stations andmaking study on the practices of keeping children inpolice stations if the participants are not going totake the lessons in the next Module - Treatment ofChildren in Conflict with the Law.

Lesson 2


2.6 Lost and abandoned children

A lost or abandoned child is in a serous risk of many problems. Thus, she/he is the one whoneeds serious attention and actions of the police. The police may personally come up withor receive information about a child lost/missing from family, the child itself, and any otherinformant.

Actions which need to be accomplished by the police when information is received abouta lost child include: -

Receive adequate information - time he/she was lost condition of disappearance,places where he/she is expected to be found ... etc. detailed description of the lostchild, if possible, with a photograph;

Exchange the information:- make sure that the information reaches all membersof the police on patrol duty and to all the concerned parties;

Continue searching:- This could be undertaken through the follow-up by themembers of the police and through the mass media;

Inform the family about the ongoing search and its results


Hint to the Trainer

1) Encourage the participants to contemplate on the natureand magnitude of child missing and abandonment:meaning, forms, causes, consequences, distribution, scaleand trend, etc.

2) Help them to identify and describe the measures thepolice need to take with regard to (1) the report about amissing child, and (2) the child found abandoned.Improve the list below by using the inputs from theactivities and discussions.

3) Conduct discussion concerning the applicability of eachspecific measure in different contexts. Clarify specificprocesses and considerations in making each functionpractical.

4) Make critical review of the practices and identify thecorresponding future directions

Lesson 2


If a child is found abandoned or reports to the police that he/she has been separated fromhis/her parents:-

Get the necessary information about the child, parents, and how and why the childis there;

Try to find the parents immediately, if possible;

If it is not possible to find the parents immediately, take the child to the police stationand record the necessary details;

Find a place where the child can be kept with as much as possible care until theparents are found; find out the possibilities within the police, NGO, community,government, etc systems and decide considering the specific conditions of the child;if the child is an infant, first take him/her to medical examination;

Locate the parents and integrate the child;

2.7 Disturbed children

The police should observe and assess children whom he/she meets and should try to knowthose who are in trouble and seek assistance. Rather than waiting for their request, the policeshould approach those whom they suspect to be in trouble in a friendly manner, understandtheir problem, and provide the assistance they need.


Hint to the Trainer

The activities and discussions you may consider should focuson:1) Description of disturbed children: What does disturbance

mean to a child? What bad consequences could follow ifa disturbed child is not given assistance? How can oneknow that a child is disturbed? - Identify and describe thesymptoms (acts and behaviors of a disturbed child).

2) Circumstances in which finding children in a seriousdisturbance is more likely. Situations, times, places, etc thatcreate the problem as well as to find the children on suchstate of condition are described.

3) Measures that should be taken by the police officer whocomes up with a child in such state of condition: thegeneral principles and processes as well as the specificcase based applications of them is considered.

Lesson 2


2.8 Hungry/starved children

When a member of the police meets children suffering from hunger, he/she can use thefollowing alternatives and provide assistance: -

Buy bread with his/her own money and distribute it among the hungry children,

Mobilize other passers-by and buy food for the children;

Knock on the door of residential houses in the area and ask for food explaining thecondition

Request the services of a vehicle and take the children to the station or to anotherservice provider who gives food.

If the families are nearby and if they are known, take the children home, or if thechildren have no family, seek for a way which can enable them to get long-term foodservice;

2.9 Begging children

It should be noted that they are just children who are poor; they have not done anythingwrong; and beginning is not illegal, in our case. Expected reactions of the police include:


Hint to the Trainer

The activities and discussions you may consider should focuson:1) Understanding the problem: What does starvation mean

to a child? What consequences could follow if a starvedchild could not get food and water? How can one knowthat a child is starving? - Identify and describe thesymptoms of a starving child.

2) Circumstances in which finding seriously starving childrenis more likely. Situations, times, places, etc that create theproblem as well as to find the children on such state ofcondition are described.

3) Measures that should be taken by the police officer whocomes up with a child in such state of condition. Theabove list is improved by using the input.

Lesson 2


Find out, from the children, if they work for someone else, and if so, are they forced to beg(e.g. forced begging syndicates) and are they treated well. If not, then make efforts to findout who is behind their mistreatment. Make friends with those children and get to know them. Consider if there is any way youcan help them, even with just a kind word. Make yourself like someone they could go to ifthey were being beaten or abused. Try to find better solution, if possible, for instance refer the child to an NGO for help. Get the personal details of the child; if there is a CPU or an established system for keepingrecord of similar matter in the police stations you are deployed from, pass the informationto those systems;Check the children’s state of condition and their movements continuously. Check-up if you notice suspicious changes physically and emotionally, and/or if you couldn’ttrace where about of a child whom you know well and kept record of.


Hint to the Trainer

The activities and discussions you may consider shouldfocus on:

1) Understanding the problem: How big is the problemof begging children in the community? What are thereasons for children to become beggars? Whatpotential dangers are the begging children exposedto? How to distinguish a child engaged in beggingbecause of a genuine reason from the one who ismade to do so by others - being exploited?

2) Measures that should be taken by the policeconcerning begging children. The above list isimproved by using the input.

Lesson 2


Children who are in circumstances which expose them to both abuse andexploitation or to potential harm are a component part of the children whoneed special care and protection of the police.

As part of their duty to protect vulnerable groups from harm, the policeshould encourage the reporting of child abuse (potential as well as realcases), and deal with individual cases in a very sensitive and informedmanner.

Many children may not have chosen to be in the situation they are in, and,hence, the police should help children get out of the situations that exposethem to abuse, exploitation, or harm.

Children facing different forms of difficult circumstances need differentkinds of help and assistance from the police. The police, accordingly,should be able to understand the situations children are in and provide thenecessary assistance and service correspondingly.

A community may have many forms or incidents that make the children inneed of special care and protection, and it is usually impossible to addressor help all of them. The police, therefore, need to prioritize who amongstthose children are at risk of serious physical and emotional harm. Theyneed to exercise a good discretion on a case-by-case basis in decidingwhether or not to take action with a particular child.

Summaryand

Key Learning Points


Lesson 2


The primary task of the police is to prevent the occurrence of offences.However, this would not succeed all the time and, thus, incidents arereported to the police after they are committed. Even then, the measuresto be taken by the police are essential and useful. Such reactive actions ofthe police are basically aimed at minimizing the negative consequences ofthe abuse and ensuring justice to the victimised children.

After it is known that abuse has occurred or is being committed, theimportant measures that should be taken include ensuring the child’sphysical and emotional safety; assistance and rehabilitation of the victim;investigating the case; providing regular advice and support for the victim;and keeping record of the related data or information.

The lessons in this part aim to introduce the trainees with such reactivefunctions of police, specifically focusing on the special skills and issues ofconsideration in treating the victim children. It is about the child-friendlyand victim-sensitive process of investigating the cases of children who areunfortunate to be in this position. Accordingly, the lesson, in general, is ofprior importance for those who are engaged in investigative functions, morespecifically, of child abuse cases.

Treatment of Child Victimsand Handling of their Cases

Lesson 3



Learning Outcomes

The lesson basically aims to equip the participants with the principles and processes oftreating victim children and handling their cases. In competition of the lesson, theparticipants should, specifically, be able to:

1) Describe the major functions, processes, and principles of treating victim childrenand handling their cases.

2) Explain the kinds and processes of the services that need to be provided to avictim child at different stages of the justice processes;

3) Discuss the importance and process of preparing a child for court appearance;4) Identify the physical and emotional signs to be sought for from a victim child;5) Explain the measures to be taken while planning an interview with a minor;6) Outline and discuss the precautions that need to be considered while conducting

an interview with a child;7) Explain the proper cares and procedures of receiving and verifying reports about

child abuse;8) Explain what should be sought for from where/whom to develop more evidences

on alleged offences against children;9) Elaborate the kinds of data which needs to be kept regarding abused children and

their cases;

3.1 Major Processes and Principles of Treatinga Victim Child

3.1.1 Major Functions

There are two aspects of functions to be executed in dealing with a case of abused children:(1) treatment of the child, and (2) investigation of the case. Functions of the treatment ofthe child involve support and help activities and mainly aim at the protection andrehabilitation of the victim child. Functions of investigation involve such activities that areprimarily focused on the management of the case and ensuring justice to the victim child.

Assistance and Help Functions:

This includes the entire child oriented activities and service, specifically focused onminimizing the effect of the abuse on the victim child. The major functions to be executedwith this perspective include provision of protection and care services in order to ensurethe physical and emotional safety of the victim child; supporting the child through thejustice process; providing the child with the necessary information and advise;initiating/contracting aids and services of other organizations/institutions; and continuouslyfollowing up the victims state of condition

Case Management Functions:

Another major aspect of the police function is to deal with the case - functions focused onthe investigation of the case with the aim of ensuring justice to the victim child. The major


Lesson 3


ones of such functions include detection and verification of the offence, identification andinvestigation of the alleged offender, evidence collection and development, and recordsmanagement.

Dual Purpose Functions:

Whenever they physically come up with a child victim, the police should first perform suchactivities that help to ensure the child’s safety. Once the physical and emotional security ofthe child is ensured, at least for the moment, the police officer may continue to carefully andthoroughly examine the physical and emotional signs of the victim. Through theseprocesses, the officer can identify more needs of the child.

There are also other functions that serve both purposes: assisting the victim as well asinvestigating the case. The major ones of such functions include examination of the physicaland emotional signs of the victim child and interviewing the child.

It should be noted that, even though the detailed functions can be classified into twodifferent aspects and corresponding objectives, all are interrelated and are based on thesame principles. Investigative functions share treatment principles and involve some activitiesof treatment too. Similarly, treatment function involves investigative principles and activitiesthat help to support the objective of ensuring justice.


Hint to the Trainer

Purpose and Scope

The primary aim of the lesson topic is to help the participantsto acquire a general overview of the police functions and theassociated principles in dealing with the case of child victims.Accordingly, it provides a summary description of the activitiesand processes of treating victim children and handling theircases, and corresponding principles. More detailed processes,and principles particularly applicable to each specific functionare discussed in the succeeding lesson topics.

When the given participants are not going to deal with the othertopics in this lesson (if the entire lesson is not a priority for thegroup, for instance), the lesson in this specific topic can replaceall of the remaining ones. In such case, however, it needs to bedealt with a more detailed manner in a way that the key learningpoints from the remaining lesson topics are fairly addressed. Ifthe given participants are going to deal with all the other topicsin the lesson, this will serve as an introduction.

Lesson 3


259


Methods and processes

Give an introductory briefing about the major purposes andaspects of the functions the police should perform. Divide theparticipants into different groups and encourage them:

1) To refer back to the lessons in Module Two and Four and(a) explain the scope of the duty to treat victim children;(b) identify the legal and moral principles which arespecifically applicable (more relevant to be considered) indealing with victim children;

2) To (a) develop, as complete as, a possible list of activitiesthey believe the police should do in dealing with victimchildren and their cases; (b) classify such activities into thethree categories described above;

3) To identify separate key stage processes (phases ofactivities) in the sequential process of treating victimchildren and their cases; (b) show the flow of the activitiesdiagrammatically (to draw a process flow chart); and (c)describe each separate key stage processes.

You may conduct presentations and discussion in completionof each phase of the activities or after they have done all of thethree activities as the specific circumstance might dictate. Indoing so, compare the outcomes of the participants work againstthe contents here and make corrections/improvements on theparticipants’ work or the contents here, whichever becomesimportant.

260

3.1.2 Fundamental Processes

Detecting and verifying that an offence is committed against a child is the starting point ofthe processes of treating a victim child. This could be achieved through the receipt ofreports (from the victim child; family of the child, police officers on duty, and others whohave observed, heard about or suspected the occurrence of the offence); the examinationof the physical and emotional signs of the child suspected to be abused; and an interviewof the child.

Whenever they physically come up with a child victim, the police should first perform suchactivities that help to ensure the child’s safety. Once the physical and emotional security ofthe child is ensured, at least for the moment, the police officer may continue to carefully andthoroughly examine the physical and emotional signs of the victim. Through theseprocesses, the officer can identify more needs of the child.

Lesson 3



If there is a reasonable suspicion for the offence, the officer should assist the victim orthose who can represent her/him to bring the case into the justice process. Once the caseis brought into the justice process, functions of investigation, continuous support, andofficial recording will continue to be performed concurrently.

The functions of investigation to be done at this phase basically focuses on the finding anddevelopment of evidences that help to prove the offence. The major activities include theexamination of the physical and emotional signs of the child; interviewing the child; arrestand interrogation of the alleged offender; interviewing of the witnesses; search andexamination of physical and circumstantial evidences; and obtaining of expert witnesses.

DETECTION&

VERIFICATIONOF THE ABUSE

PRELIMINARYASSISTANCE TO

THE VICTIMCHILD

JUSTICEPROCESS

ASSISTANCE

AFTER TRAILFOLLOW-UP

&SUPPORT

RECORDING&

INFORMATIONMANAGEMENT

EVIDENCCOLLECTION

&DEVELOPMENT

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Victim child treatment process flow chart

Assistance and help services to a victim child that started from the first moment of meetingwith the child will continue during the justice processes and even after the court has decidedon the case. The support functions to be done during the investigation processes include theprovision of the necessary information and guidance; facilitation of psychosocial help;preparation of the child to appear before court; and continuous protection and care services.After trail, follow-up and support may become important if the state of condition of thevictim child has not yet been returned to complete normality till then. It needs to continue,as long as possible, until the child’s full rehabilitation and recovery is achieved.

Functions of recording and information management start together with the detection ofthe suspected offence and continue all along the entire process until the end of after trailsupport activities. The records made before the case comes into the justice processes mayoften be unofficial, but they need to be turned into official records later on, unless the casefails to come into the justice process.

3.1.3 Governing Principles

The governing principles to be remembered, here, include to building confidence and truston the child; showing commitment and willingness to help; assuring confidence of thematter; being gender-sensitive; etc. If the child is a female, there must be a female officerpresent (if not possible on the street, then at least at the police station).

International human rights standards declare that a child victim needs special assistance andshould be provided with them in the judicial and administrative processes. Competentgovernment bodies should review, evaluate and improve, as necessary, the situation forchildren, as victims and witnesses of a crime, in their procedural rules to ensure that therights of children are fully protected.

In accordance to the relevant international instruments, direct contact should be avoidedbetween the child victim and the offender during the process of investigation andprosecution as well as during the trial hearing as much as possible.

The identification of the child victim in the media should also be prohibited, wherenecessary, to protect the privacy of the child. This may only be done when it is sufficientlyjustified to be of no negative impacts on the child and proved to be good in accordance tothe best interest of the child.

Child victims should be provided with the necessary assistance and support services asmuch as possible. The languages to be used, bodily gestures and behaviors to be expressedin communications with the victim children, as well as the measures/actions to be takenincluding the investigation and follow up procedures should be child-friendly. Furthermore,such procedures must avoid exposing the children to more abuse. The procedures forinvestigating the experiences of children who are victims of crimes must ensure that theydo not lead them to more victimization


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3.2 Assistance and Support to a Victim Child

As mentioned in the previous lesson topic, assistance/help comprises one major aspect ofthe police functions to be accomplished with regards to a child victim. Relevance of suchspecial assistance functions emanates from the specific state of conditions of children: theircapacity and vulnerability, and the corresponding legal principles and provisions. Thespecific objectives of the support functions include the following:

� Ceasing the continuation of the abuse;� Minimizing the effects/consequences of the abuse;� Enabling and speeding up the rehabilitation and recovery of the child;� Ensuring justice to the victim child;� Familiarising the child with the justice processes;� Fulfil, as much as possible, the specific needs that are created because of the abuse� Reducing further vulnerability of the child for the future;


Hint to the Trainer

The lesson on the topic basically aims at helping the participantsunderstand the kinds and processes of support and assistanceservices that are to be provided to a victim child. As any policeofficer on duty can come up with an abused child, the specificlesson concerning the ‘On the Spot Assistance’ becomes relevantto all those who are engaged in patrol services.

Most of the major activities and the corresponding principles tobe considered are outlined below. Please be aware that the specifickinds and scale of the assistance needed will differ depending onthe specific nature of the offence as well as the state of conditionof the child.

Facilitated in-class discussion through brainstorming and casebased activities can be an appropriate method to deal with thetopic. Encourage the participants to identify the measures theywould take when they come up with child victims of variousforms of abuse, for instance, a raped female child; raped malechild; a child being beaten; injured child; etc. You many need todevelop cases, as this can make the process more organized.

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3.2.1 Aspects of Assistance and Help to a Victim Child

The specific kinds and scale of the support needed will differ depending on the specificnature of the offence as well as the state of condition of the specific child. The majoraspects of the assistance and some of the common forms of specific supports are describedhereunder.

a) Protection and care services

Protecting the child victim from any further abuse or violence must always be a number onepriority. Accordingly, the provision of protective and care services in order to ensure thephysical and emotional safety of the victim child constitutes one of the major aspects ofthe support. This support may include, for instance, the protective measures of the police,medical treatment, provision of food and drink, etc.

b) Justice Process Support

As children are not familiar with the justice procedures, it becomes important to help avictim child know about and be familiar with the relevant practices and procedures of thejustice process. The support to be provided to a victim child through the justice processinvolves:

� Informing the child about her/his rights and obligations as a victim;� Clarifying and familiarising the customary processes and procedures he/she is going

to pass through; � Building confidence and capability to exercise his/her rights and responsibilities in

the justice process; � Continuously informing the victim child about the progresses on her/his case; � Providing all the necessary and the possible support that her/his case is being

properly and timely investigated and tried;

c) Information and Advise Service

Helping the child to be provided with all the relevant information that she/he needs toknow. The most important and the common ones of such include the following:

The rights and the responsibilities as a victim:

All victims of offences have specific rights and corresponding responsibilities in the justiceprocess. Generally, victims of criminal offences have the rights to be accorded fairness,dignity, and respect in the criminal justice process. The rights to a reasonable and anappropriate notice, information access, protection, and to have a meaningful role in thejustice process, etc are also common in many law traditions.

Some of the most common rights and responsibilities of a child victim include:� The right to be provided with the necessary information- � The right to be provided with support� The right to be compensated and to get the property returned;


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� The right to get justice – the case managed and the offender punished;� The right to be free from intimidation and more abuse;� The right and the responsibility to explain what has happened to him/her; � The right to be treated with special procedure;

How to protect him/herself from further abuse and exposition:

Advising and assisting a victim regarding the measures he/she has to take becomes animportant role the police should play as part of the endeavour to reduce further abuse andexposition of the victim children. Such measure may greatly differ depending on the natureof the specific cases and the child. Here are some examples of the commonly providedadvises and information.

� Where to go to get the assistance,� How he/she should request the assistance� When he/she envisages that he/she will face problems, to immediately inform a

person nearby that he/she is suspicious, frightened, in trouble and seek assistance.� To go to public places and mix with people,� The need to know and use the telephone number of the police� Not to remain alone in unsuitable places and times.� Not to engage in activities that are not liked by parents/ family� Refrain from dangerous places and from engaging in dangerous activities etc.� Procedures to be taken if he/she become subject to threats or intimidation� The names and telephone numbers of the persons to contact in cases of any need

for assistance.

Information about the available services

Helping the child to know what is available in the area/community to assist him/her, andhow to get such services which may include medical care, counselling, housing, emergencyservices, and other type of assistance.

Information on the progress of his/her case

It is useful to inform regularly both the child and his/her family about the situation at eachstage of the investigation process. Unless they know what the police are doing, they will befrustrated and will refrain from informing the police if they face another abusive act.Therefore, the police should inform the child victim and his/her family about theinvestigation process, dates of appointment at court; and the decisions of the court regularlyas well as what has been happening to the offender: arrest, release, escape, sentence,incarceration, etc.

d) Psychosocial support

The victim child, additional to the above services, may need some forms of social andpsychological helps like, for instance, a place to stay, counselling, food, medication, etc.These needs may extend, sometimes, to the scale of seeking means for future life sustenance.


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In such cases, the police are expected to facilitate for the provision of such supports. Theprocesses of doing so include:

� Needs assessment and determination� Looking for possible options within the community� Facilitating to ensure that the required support is found� Continuously following-up the support process and its effects.

3.2.2 Processes of the Support and Assistance to a Child Victim

The functions of assistance and help to victim children should start immediately aftercoming into contact with the child. Most aspects of the above described support functionsthat are expected from the police, however, are not limited to ‘what has to be’ at the momentof meeting the victim child. They extend to be applicable in a continuous manner throughcontinuous follow-up of the situation of the child and facilitation of the necessary helpsduring, and, even, after the justice process.

a) On -the-spot Assistance to a Victim Child

When the police come up with a victim/survivor of an abuse, the first thing he/she shouldworry about is the safety of the child. The police should do any thing possible to ensure thephysical and emotional safety of the child and to minimize the potential negativeconsequences of the abuse.

Ensure an immediate physical safety and seek immediate medical attention if needed. If you found the abuse going on, stop the offence. Take all the appropriate measures toprotect the child from any more potential harm. If the child is starving, find food and water.If the child remain nude - no clothes to put on, find some. If the child is sick or wounded,assess the damage or nature of the pain and give the proper first aid. For example: - If thereis bleeding, stop the bleeding. To do this, one can cover the wound with a thick cloth andtie it tightly with another piece of cloth or hold it tight with the hand. If the problem isserious, then seek the assistance of passing vehicles, or call an ambulance or request a vehiclefrom the station, and take the child to a hospital or health centre.

Ensure an immediate emotional safety: Give the child an opportunity to feel safe and to clam down: reassure the child that his/hersafety will not be endangered. It may be recommendable to remove the child from the sceneof the problem. Make sure to have left her/him in the presence of a (familiar) person thechild feels comfortable with.

Find the child’s family: Police officers have to find out as much as they can about the social support network of thechild victim, as soon as possible, as this will help them to identify the best range of optionsavailable to that child. It is compulsory to find someone who the child feels comfortablewith as soon as possible after the police comes into contact with the child victim. Unless theparents, guardians, or appropriate adults are implicated in the abuse, promptly inform themin an appropriate manner.


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Facilitate for the provision of an immediate psychosocial assistance:

Find out if there is a need for an immediate psychosocial assistance and try to find such help.If the child is seriously traumatized and does not seem safe to be left in that sate ofcondition, for instance, look for the help of psychological counselors.

Decide where the child should/can stay:

An assessment must be made whether it is safe for the child to return home or to anotherplace of residence (including NGO shelters). The criteria for this include: no immediatefamily or staff member can be involved in the abuse; the child can be protected from anyfurther abuse; if a family or a staff member is involved, they will not be able to have contactwith the victim.

b) Continuous Follow-up and Support to the Victim Child

When the case of a child victim is being investigated at the police station, or after it has gotthe proper judicial decision, the police should make a continuous follow-up on the situationof the child and enable the provision of the assistance/support that are found to benecessary accordingly.

Such processes of follow-up and support mainly focus on ensuring that (1) the intendedsupports are being provided to the victim child, and (2) the required changes/improvementsin the physical and psychological condition of the victim child are being seen - checkingwhether the intended objectives (recovery, rehabilitation, minimized vulnerability, etc) arebeing achieved. If things have not been going on as intended, the concerned police officershave to identify the measures to be taken and the attempts to undertake those that shouldhave been handled by the police.

The following tasks are just few examples of what could be done in this respect.Warn the family, neighbors and teachers etc, not to do things with a potential to havean adverse effect. Call and give advice to parents. Assist them to get professionaladvice.If a continuing social service is necessary, inform the need to the locally availablesocial welfare agencies.If a regular counseling by psychologists is required, introduce the victim to counselingand guidance officers working in schools ... etc.

3.2.3 Preparing a Child to Appear Before Court

Although the role of the police is greatly reduced after a case is turned over to the prosecutorand brought to trial, police officers should still have a basic knowledge of the rights ofchildren during the prosecution, court trial, and sentencing. This is because it is part of thepolice’s role to explain to the child and his/her parents about the procedures that will happenafter the police investigation and their concomitant rights.


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When a case of a child abuse or offence is to be presented in court and the child has toappear physically, the police who have investigated the case should orient the child about theprocess that takes place in the court. So the police officer has to meet the child before handand tell him/her that: -

� He/she wants him/her to go with him/her to court� He/she will face no problems,� He/she will protect him/her by staying with him/her� Police, judges and other persons working in court want any child to grow- up in

peace and security� He/she is wanted to speak up on the issue again� A designated person in court may ask him/her questions similar to the interview

with the police;� Speaking is beneficial to him/her, etc.

Hint to the Trainer

The purpose of the lesson on this specific topic is to help theattendants to understand the importance and processes ofpreparing a child victim to appear in front of a court. Theactivities and discussions to be considered my include:

� The negative consequences of failing to make a childfamiliar with the purposes and procedures of court;

� What the police should and should not tell and do inpreparing a child to appear in front of a court.

� Doing practical exercises by going to court and takingchildren if possible;

Furthermore, the investigator should take the child to court when the court is not in session,and explain and demonstrate the following to the child in a language that he/she canunderstand.

� The purpose of the court, its activities, and who sits where in the court� The judges want the truth from him/her so that they are able to assist him/her to

return to the enjoyment of a happy life,� Where the offender is going to stand/sit� Even if the abuser will be present in the court, that he/she will never be able to

abuse him/her again,

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� That he/she is allowed to talk about himself/herself since the court is to listen towhat children say, etc

In this process, the investigating police officer should realize that he/she is not allowed andshould not give any opinion, advice or directive whatsoever to the child as to what he/sheshould or should not say in court.

3.3 Examination of Physical and Emotional Signs ofa Victim Child

Making an examination of the physical and emotional state of conditions of the victimbecomes important from the perspectives of both assisting the child and managing the case.It enables to find information that serve for both purposes.

The specific importance/benefits of doing so include:- Helps to detect and verify whether a child is abused or not;- Helps to estimate the kind of offence committed on the child;- Enables to understand the scale of the offence and its potential consequences; - Enables to find physical and forensic evidences

Accordingly, the police officers should make such an examination immediately when theycome up with a child suspected to be abused. In cases where the police officer is not sureabout the offence, this can be the very starting point. In cases where the child has to beprovided with other on-the-spot assistances, this should be made side by side with thenecessary functions of help.

The police officers should, therefore, look at two areas: physical signs and behavioural signs.Most common signs to be sought for in cases of physical, sexual, and emotional abuses areoutlined below.

Hint to the Trainer

The lesson on the topic specifically aims at helping thetrainees to understand the physical and emotional signs to besought for from a child to check whether she/he has beenabused and to identity the form of abuse that might havehappened to the child. Similar to the above topic, the lessonhere also becomes relevant to the police officers who areengaged in patrol operations, next to its prior importance forthe investigating officers and CPU staff.

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3.3.1 Physical Abuse

This refers to the cases of non-accidental injury or pattern of injuries caused by a parent,caregiver, or any other person. Physical abuse include, punching the child; beating the childwith objects such as stick, shoes; biting and shaking the child; breaking the child’s limbs;burning the child; hitting and kicking the child; scalding a child with hot water, etc.

The injuries can be different depending on the specific form of abusive act. But, often, itmay be in the form of bruises and lacerations, severe fractures, burns, etc. .

Physical signs to look out for:

Physical abuse may have occurred when the injuries fall into one or more of the followingcategories;

� Injuries which the child cannot explain, or explains unconvincingly� Difficulty and pain when moving body parts� Injuries which have not been treated or have been treated inadequately� Injuries on parts of the body where accidental injury is unlikely, such as the cheeks,

chest or thighs� Bruising which reflects hand or finger marks or lashes at different stages of healing� Burns, human bite marks� Broken bones� Scalds, especially those upward splash marks where hot water has been deliberately

splashed over the child, or ‘fide marks’ - rings on the child’s arms, legs or bodywhere the child has been made to sit or stand in very hot water.

Behavioral signs to look out for:

� A child reluctant to have his/her parents/guardians contacted� Aggressive behavior or severe temper outbursts � A child who runs away or shows fear of going home� A child who flinches when approached or touched

Facilitated in-class discussion through brainstorming can bean appropriate method to deal with the topic. Encourage theparticipants to think back to the moments when they havetreated an abused child and to reflect on what they hadnoticed on that child different from any normal child who isunder normal circumstances, and check how far the signsoutlined here confirm to the experiences of the participants.

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� Reluctance to get undressed in situations where changing to other clothes is normal� Depression or moods which are out of character with the child’s general behavior� Unnaturally compliant to parents or carers

3.3.2 Sexual Abuse

Both girls and boys can be victims of sexual abuse. Most acts of abuse are likely to happenin private and child abusers go to incredible lengths to prevent discovery. The child is oftenthreatened to keep silent and many children feel such a strong sense of guilt and shamethat they are reluctant to speak about what has happened to them.

Nevertheless, there are some clues to sexual abuse:


� Pain, itching, bruising or bleeding in genital or anal areas� Any sexually transmitted disease� Recurrent genital discharge or urinary tract infections without apparent cause� Stomach pains or discomfort when the child is walking or sitting down


� Sudden or unexplained changes in behavior� An apparent fear of someone� Running away from home� Nightmares and sometimes bedwetting� Self - harm, self-mutilation or attempts to suicide� Abuse of drugs or other substances� Eating disorders - problems such as anorexia or bulimia� Sexualized behavior or knowledge in young children� Sexual drawings or language� Possession of unexplained amount of money� The child taking a parental role and functioning beyond their age level� Telling other children or adults about the abuse � Having difficulty in walking or sitting� Demonstration of an unusual sexual knowledge and/or behavior � Withdrawal, secretiveness or depression� Avoidance of things related to sexuality� Over compliance or excessive aggression� Suicidal behavior� Becoming pregnant


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3.3.3 Emotional/psychological Abuse

It should be noted that some children are by nature shy and find it difficult to be outgoingand confident, and this does not mean that they are being abused.


� Failure to grow or to thrive (particularly if the child thrives when away from home)� Sudden speech disorders� Delayed development, either physical or emotional


� Compulsive nervous behavior such as rocking� An unwillingness or inability to play� An excessive fear of making mistakes� Self harm or mutilation� Reluctance to have parents or guardians contacted� An excessive deference towards others, especially adults� An excessive lack of confidence� Excessive attention seeking behavior� Feeling of worthlessness� Depression � Guilt� Aggressive� Fear of opposite sex� Sadness� Drug abuse� Suicidal tendencies

3.4 Interviewing a Child

The character of the policeman who talks with the child has a decisive impact on the waythe child responds and the correctness of the answers. The member of the police, in his/herdiscussion with the child victim, has the responsibility to put the child at ease so that he/sheis able to control their emotions and remember the main issues. Therefore, it is necessaryto smile, establish good rapport, encourage and be supportive in order to empower thechild. The principle of child friendly appearance, approach and communication should beremembered. If not, the following problems can be created:

- The child will stop talking about the abuse, - The psychological damage can not be reduced or minimized,


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- The child can give an incorrect or a misleading information and make the testimonygroundless,

- The ability to remember his/her traumatic experiences could gradually diminish.

The approach and the administration of the interview process for a child needs particularattention that conforms to the objective conditions of the child. When children are to beinterviewed, care has to be taken to prepare and to administer the interview based on thespecial situation of the specific child. The process of administering the interview and theprecautions to be taken are discussed in detail.


Hint to the Trainer

The lesson on the topic specifically aims at helping the trainees tounderstand the governing principles of interviewing a child and todevelop the necessary skills to make an effective interview ofchildren. The lesson is specifically important for those officerswho are involved in the process of investigating the cases of childabuses as well as juvenile offenders; most of the principles andtechniques are equally applicable to children irrespective of theirstatus: victim or offender.

Case based approach is the most suggested one in dealing withthe topic. While you prepare the training or a specific module forinvestigators course, develop different cases comprising of thecomplete information needed to be obtained before going tointerview a child. During the delivery process, first conduct an all-class lecture and discussion on all of the issues included in thelesson topic. Then after, provide one case to each or to a group ofparticipants and encourage them to develop a complete plan anddescription of the interview process they have intend to make.Make presentations and discussions; critically evaluate the worksagainst the principles; give comments and corrections. Throughthis process, you will be able to check whether the participantsacquired a sufficient understanding of the principles, processesand techniques of interviewing a child. In order to properlyachieve this, you need to make sure that the content of the caseyou have developed contains the necessary information that willfully enable you to measure the capacity of the trainees to planand conduct real case interviews.

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3.4.1 Governing Principles of Interviewing a Child

1) The interviewing and investigation of child abuse cases should be carried out by speciallytrained police or police units.

2) Be prepared: gather all the available information on the child, his/her situation, family etc.

3) A female victim/survivor must be interviewed by a female officer, unless and otherwiseit is justified from the perspective of the best interest of the child.

4) Seek the consent of the child and the child’s parent or guardian to conduct the interview.

5) In order to keep the child’s testimony untainted, the parents should not have theopportunity to question the child before and during the interview.

6) Create a relationship of trust, be a friend, and make the child understand that he/she isnot alone. The child needs to believe and to be reminded that it was not his/her fault.Be non-judgmental. Remember that the child may be traumatized. Explain the purposeof the interview.

7) Create a safe and a non-threatening environment: there must be a separate, private roomin which there should be no weapons; it should be quiet and free from noise andinterference; nobody should be allowed to ‘walk in’ during the interview; the interviewershould sit beside the child (not behind a desk), but not too close.

8) The interviewer should not be interrupted either by phone calls or any other urgentmatters.

9) The content of the interview should be strictly confidential and no other person, otherthan the interviewer(s) and/or social worker, should be present or hear what is being saidunless the child explicitly agrees or demands it. The parent/guardian should not beallowed to physically view the interview as they may influence the child’s testimony orthey may get so upset by what they hear that they are not emotionally ready to besupportive for the child after the interview. A supportive accompanying adult may beallowed to accompany a small or distressed child if the child requests it, but the adultshould not take part in the interview.

10) A social worker should be present, unless that is impossible in your circumstances, tomake sure the child is not subjected to repeated interviews which are very distressing andwhich can give the child the impression that he/she was not believed the first timeround.

11) In cases of multiple interviewers, one person should take the lead in questioning and theother(s) should take notes and this should be explained to the child. What the child hasto say must be accurately recorded.

12) Remember the purpose of interviewing is to gather facts and evidence, not to counselthe child, but the atmosphere of the interview must be, nevertheless, child-friendly andcomforting.

13) Be patient, allow the child to take the time he/she needs to tell you what he/she knows.Don’t show any signs of frustration as they could make the child even more reluctant.Break up the interview to avoid putting any pressure on the child. The child may betraumatized or not be able to remember his/her experiences. It may


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take time for children to work up the confidence to speak about the worst things thathave happened. Do not assume that you have heard everything in the early stages. Onlyinterrupt the child to clarify what he/she is trying to say.

14) Remember to try and understand the situation from the child’s point of view.

15) Remember that you are listening to a child: information may be concealed; they maygive you clues on which questions they are ready to be asked. Remember the basicnotions of child-developmental psychology. They may not give you the coherentnarrative you would like to hear. Their concept of time may be different to yours.

16)Give children the opportunity to express themselves in a way they feel comfortable suchas play, stories, drawing and writing.

17) Do not repeat the same question as this will make the child feel that they have ‘given thewrong answer’ or that they are not believed and they may change their answer to try toplease you. If you need to clarify something that the child has said, ask it in a differentway.

18) Don’t make any promises you cannot keep.

19) Help the child to restore his/her sense of dignity as far as possible and to regain a senseof control over his/her body and life, drawing on his/her natural resilience. Rememberthat the child is not just a victim, but is also a survivor.

3.4.2 Planning and Preparation to Interview a Child

Planning an interview with a child involves setting clear objectives, foreseeing the potentialproblems that are likely to rise during the interview, choosing the appropriate time and place,determining and preparing the persons to be present during the interview, deciding the sexof the interviewer, and presetting and preparing the content of the interview.

a) Be clear about the objective of the interview

The uunderstanding of the objective and reason for conducting the interview will determinethe content and manner of administration of the interview. Questions included in theinterview questionnaire and the preparations for the interview are the tasks to beaccomplished on the basis of the prescribed objectives of the interview.

Interviewing children has the following major objectives: -� To verify whether the child needs special protection and care,� To decide on the type, level, and implementation of the special protection and care

activities,� To verify whether the child is abused, � If the child has been abused, to know the offender and the manner of commission

of the abuse,� To understand and to minimize the psychological trauma that the child has been

subjected to because of the abuse on her/him self or the offence she/he hascommitted.


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b) Foresee the problems that are likely to be encountered

During the course of an interview with the children, the first task for solving the problemis to be able to forecast problems that are to be encountered on the basis of the objectivesof the interview, the situation of the child victim, the time and place of the interview etc.The following are some of the likely problems to be encountered during an interview:

- Hating the interviewer, fearing him and wanting to escape,- Uninterrupted silence,- Continuous emotional upsets like crying without interruption,- Giving immediate responses without consideration

c) Decide the time and place of the interview:

To decide the time and location, you have to assess the aim of the interview, the conditionof the child, the condition of his family etc. It is preferable if the selected time and placesatisfies the following conditions: -

- Able to create a sense of security,- A relaxing environment that provides more opportunities to get the required

information,- The presence of parents/ guardians- A quiet place, without any disturbance, that is conducive to listen to one another;- Absence of distracting factors;- A place that is suitable for forming good rapport between the interviewer and the

child ... etc.

d) Determine the persons to be present at the interview session

When conducting an interview with a child, it may be necessary, depending on the situation,to arrange for the presence of other concerned parties like a parent, social worker,psychologist etc. Therefore, during the preparatory phase of the interview, the interviewerhas to identify and determine the parties that should be present during the interview session.This requires giving due consideration to the objective of the interview and the specialcondition of the child. For example, to decide as to whether the parents/ family should bepresent or not, it is useful to consider the following points: -

- The involvement of the family or their future role concerning the case,- The past and/or present relation between the child and the family,- The ability and courage of the child to express her/his thoughts when she/he is not

with the family.... etc.- Whether the crime is committed within the family.

If the presence of the family is required, but at the same time if their visual contact withthe child is not required, it is possible to make the seating arrangement suitable for theparents so that they are in a position to follow the session but not in a position to affect theprocess either physically or orally.


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e) Decide the sex of the interviewer

The sex of the interviewer can have a positive or a negative influence on the interviewedchild. If this is so, deciding on the sex of the interviewer is a preferred course of action, andthe main points to be considered for this are as follows: -

� Ability of the interviewer: One of the points to be considered is the ability of the interviewer to getinformation and to administer the interview for the fulfilment of the objectives ofthe interview.

� The condition of the abuse: For example, if a sexual abuse has been perpetrated on a female child, since assigninga male interviewer will make the child remember the situation of the abuse, fear, getupset, and hate the interviewer, it is better if the interviewer is a woman.

� The condition of the child: - If the child feels at ease in the presence of the opposite sex than the same sex,make the interviewer a member of the opposite sex. If the child is more open andconversant with the same sex, it is preferable if the interviewer is also from thesame sex. If the choice of the child and the nature of the abuse demands selectionof members of both sex, then use both sexes for the interview. For instance, if afemale child who has been a victim of sexual abuse feels more open and conversantin the presence of males, and since a woman can better assess and verify the abuseby comparing it with her own feelings, it is advisable to use both male and femaleinterviewers.

f) Determine the content and administration of the interview

There are two alternative approaches to choose from: to ask all of the questions one byone in the order of their importance (structured) or to decide on and present importantquestions first, and ask other questions (unstructured) based on the responses.

Each of these alternatives has its own weaknesses, thus, our choice of method has toconsider the situations that will reduce the weakness. For example, the structured formathas a strong point in limiting the interviewer from involvement in unnecessary issues andfrom prolonging and affecting the interview process, but it also has a negative influence oflimiting the interviewer from proceeding with the interview based on the child’s feelingsand opinions. The unstructured format has the opposite effect both positive and negative.

If an experienced and an able interviewer is available, the unstructured format is preferable.

3.4.3 Conducting an interview with a child

To make the process smooth and fruitful, it is useful to know and to eliminate the problemsthat are likely to arise during the interview. An easy and a supportive approach, carefulattendance to the responses, control of any potential destructors, making the closing of the


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interview interesting are the major precautions which needs to be taken while administeringan interview with a child;

Approach the child in a supportive and an easy manner

� Not to be armed� Not to wear police headwear� Not to show signs of authority or rank� Greet the child with modesty and play with him/her� Explain that the child is not guilty� Convince the child that the aim of the interview and other tasks is to help him/her� Ask for his/her willingness

Attend the responses of the child with care:

� Be sure that you follow the child’s expression with words as well as with physicalmovements.

� Do not interrupt while the child is speaking� Minimize movements that may distract the child’s attention like looking outside the

window continuously� Follow the physical signs and movements of the child� Do not show unwarranted actions or get disturbed� Do not argue ... etc.

Avoid anything that may become a potential barrier for communication:

� Use simple language� Ask short and clear questions� Avoid leading questions� Minimize ‘yes’ or ‘No’ type questions that call for short answers.� Sit not too close to or far apart from the child� Avoid external distractions like movements which can attract the child’s attention� Avoid loud noise which interfere with listening� Do not give promises you can’t keep or lie to the child ... etc.

Close interestingly:

� Close the interview when the child feels bored� Appreciate and encourage the child by explaining that he/she has given the

necessary information.� Explain what is to be done for the child in the future.� Ask the child whether there is anything else he/she wants � Provide tea, bread, soft drinks, etc


Lesson 3


3.5 Managing the Case of Child Abuse

As described under the lesson topic 3.1 above, one major aspect of the police role is toensure the justice to the victim child. The functions to be performed with this perspectivemainly focus on getting proof of the offence which enables to bring the offender to court.This involves all the investigative activities. The specific objectives/outcomes of the processinclude:

� Verifying that an offence is committed on the child;� Defining the nature of the offence;� Identifying /tracing the offender and bringing him/her to the justice process;� Finding evidences that prove the offence;

The investigation process starts by verifying the occurrence of the offence and ends bybringing the alleged offender to court decision. Being a component of the investigationprocess, case management functions include such activities which are particularly focusedon the case, not the child. The major ones of such activities include arrest and interrogationof the alleged offender; interviewing of the witnesses; search and examination of physicaland circumstantial evidences; and obtaining expert witnesses; analysis and interpretation ofinformation; and recording.

3.5.1 Receipt and Verification of Child Abuse Case Reports

Reports concerning a committed abuse may be received from various sources. The majorones are:

� Member of the police� Family of the child victim� Abused child � School communities� Staff of social welfare agencies� Other persons who saw, heard, or suspected about the case etc.

Legal provisions concerning the reception and recording of crime reports may differ amongcountries. In our case, the right of any person to report a criminal act and assist in theopening of the criminal charge is prescribed in Art 11/1 of the Criminal Procedure Code.Hence, if the police receive indicative information about child abuse from any person,he/she has to give attention to the information and proceed to investigate the case. In sucha situation, he/she can either go to the site of the act or call the concerned persons to thestation and verify the situation. To visit the site and verify the report is, however, a preferableoption.

In order to safeguard the human right of the accused, unless it is assumed that he/she willcreate problems, it is better to verify whether the abuse has really been committed prior tocalling and talking to the suspected offender.


Lesson 3


Measures which help to verify the truth of the indicative report may include talking in detailto the person who reported the case, to other observers, and/or to the victimised child.Although it is important to talk to the child victim, it should be noted that it is difficult toget correct information from the child for reasons which include:

� Short memory span� Low language proficiency� Denial or keeping silent due to suspicion that he/she will not be trusted� Hide the identity of the offender if he/she is a member of the family and a loved

one.� Lack of self-confidence� Predisposition to be cheated easily� Feeling of distress - etc.

Though it is difficult to believe and accept the report of a child for the above-mentionedreasons, it is possible to verify whether he/she has been abused or not by comparing andanalysing the child’s response with his/her feelings and visible emotions. Some of thepossible general emotional states of an abused child include: fear and worry, hatred (extremehostility and dislike), shame, restlessness, insomnia (sleeplessness), lack of appetite, angerand irritability. Many more symptoms corresponding to each specific form of abuse aredescribed above under the lesson topic 3.3.

3.5.2 Evidence Collection and Investigation Development

The interview with the child or other parties who have reported on the case of an abuse andthe examination of the physical and emotion signs of the child may have lead to theidentification of further inquires that will have to be made to gain evidence of abuse to thechild. Based on them, a decision on how to precede needs to be made

In order to safeguard the human right of the accused, unless it is assumed that he/she willcreate problems, it is better to verify whether the abuse has really been committed prior tocalling and talking to the suspected offender.


Lesson 3


Hint to the Trainer

The purpose of the lesson on this specific topic is to help theattendants to be acquainted with the kinds and sources ofevidences to be sought for during the investigation of variousforms of abuses and with the methods and processes of gettingsuch evidences. The activities and discussions to be made should,therefore, follow case based approach and focus on:

� Identifying cases in which considering each of thesources and kinds of evidence becomes relevant andapplicable;

� Describing the detailed practical processes andprocedures including the methods and tools of gettingsuch evidences;

� Doing practical exercises when dealing with the topic ofsearching and the collection of physical evidences;

� Making critical review of current practices and thecorresponding problems. Making a critical review of thereal cases of investigation

The lesson is specifically relevant for officers who are engagedon investigation duties - investigators and investigationmanagers. In cases where the trainees do not have prior trainingon the issues, however, they are going to be assigned on aninvestigation duty; the lesson should be dealt with more detailincluding more basic information on the subject of technicalinvestigation. Suggested methods and processes include: (1) adetailed description and discussion of the (a) features and valuesof the different types of evidences, (b) sources andmethods/techniques of their collection, (c) institutions andsystems of getting assistance and the methods and proceduresof communications with them, (d) how to make use of theevidences obtained from different sources; and (2) criticalanalysis of real cases of investigation – where the strengths andweaknesses are identified and what would have been done isdescribed concerning the gaps identified


Lesson 3


a) Medical Examination

A medical examination of the victim should occur to see if there is any supporting evidenceof what the child is alleging. Doctors who are sensitive to the needs of children must carryout these examinations. The doctor should complete a full report and, if appropriate, theinjuries or signs should be photographed.

Issues of considerations:-The need for forensic medical examination;Relevant legal provisions and procedures;Kinds of examination to be done;Timing of the examination;The role of the examining doctor;Planning and recording the examination process;

b) Collection and Examination of Physical Evidences

The possible categories of physical evidences may include forensic evidences, andphotographic and video evidences.

The kind of physical evidences expected and looked for differ depending on the kind ofoffence. What is looked for in case of a physical offence is not the as same in the case of asexual offence. In most cases, in order to get physical evidences the investigator mustexamine the body of the abused child, search the scene of the crime, and inquire a forensicexamination upon the child.

Types of forensic evidences which could be sought for in most cases include the following:- - Blood stains and other body fluids;- Finger print;- Clothing and bedding;- Foot print or footwear impressions;- Medication and feeding materials;- Injuries;- Weapons;

The possible sources of such forensic evidences could be the victim, the suspect/perpetrator, and the scene where the offence/crime is committed.

c) Victim Evidence

Interviewing the victim and the physical and emotional signs noticed from the victim canserve as source evidence. Professional analysis and interpretations made on them by theinvestigating officer can provide a good deal of qualitative information that helps to provethe offence. A child’s withdrawal statement, for instance, should be examined to see whetherthere was an external pressure or coercion to the withdrawal.


Lesson 3


Conducting an identification parade can also be another source of evidence from thevictim’s side. This is applicable in cases where the suspect is not clearly known or identified.

d) Police Evidence

The investigating police unit should develop more evidences using, for instance, thefollowing sources and possibilities.

� Reports and statements of the first officer at the scene;� Enquiries with other potential witness;� Surveillance� Other sources of records and information;

e) Expert Support and Witness

Because of the specific nature of the children, it may become important for the police tohave the support of various professional experts, for instance, social workers, psychologists,physicians, lawyers, etc. The kind of the specialised expertise needed may be determined bythe nature of the case and the conditions of the child involved. Therefore, the police shouldidentify the kind of support needed and secure it.

3.5.3 Recording and Managing Information

Data are a highly necessary and most valuable input to any activity. It is possible to knowthe past processes, the current situations and predict the future conditions based on availabledata. Learning from past experiences and performing better in the future is possible only ifthere are data kept about the past. Where there is no data, it can be said that there will beno development.

It is possible to plan a prevention program by assessing the type, extent, causes, damages,distribution, level of seriousness etc. of child abuses only if the required data are there. Insituations where adequate data are unavailable, it is impossible to know the problem and towork out and implement the alternative strategies to solve it.

In connection with this, the responsibility of the police is to record all the cases and, at aninterval of a given time, to provide statistical reports that will help in the formulation andimplementation of the various preventive strategies.

When a case of an offence involving a juvenile reaches the police, a complete data on thechild, the offender/victim, and the offence should be recorded on a prescribed form.Records maintained using the forms would enable to make a statistical analysis andinterpretations that can become a base for further improvement of solution the strategies.


Lesson 3



The record which needs to be kept must be able to provide complete information on thefollowing elements:

� The victim� The offender� The offence� The process of the case management� Performance of the individual investigators� Performance of the concerned unit/section (CPU)

The formats, contents, and other relevant standards of these should be pre-determined anddesigned as part of the standardization process of the service for children.

Hint to the Trainer

The aim here is to help the participants understand theimportance and process of keeping record of the informationregarding child abuse cases. In addition to investigating officers,the lesson may be relevant for (1) managers of police stations asthey are responsible to create appropriate systems and providethe necessary resources, and make use of the information; and(2) officers who are involved in the process of recordsmanagement.

The activities and discussions should focus on (1) identifying thekinds of data that should be kept in accordance to each one of theelements outlined bellow; (2) determining the formats andprocesses of the recording; (3) reviewing the practices andidentifying the suggested improvements.

Lesson 3


Because of their vulnerable position, many children are more open toabuseof different sorts, from physical to emotional. The way the abusesare handled when they are uncovered determines the extent to which thechild is long-lastingly affected by the effects of the abuse and the ability tobring the offender into the justice system and legal accountability.

The functions to be performed with respect to a case of child abuse hastwo major facets: protection and support services - focused on minimizingthe effects/consequences of the abuse, and case management - focusedon ensuring justice to the victim child. The governing principles of treatingchildren in general and an abused child in specific are, however, thecommon elements of consideration in performing all the functions.

The police needs to be aware of the institutions, available within thecommunity, that work exclusively on children’s rights and welfare and alsoneeds to involve and work with them in order to ensure that victim childrenare provided with the necessary psychosocial support.

All the things to be done with regard to a victim childshould child be friendly and must avoid exposingchildren to more abuse- do not lead to morevictimization.

All child victims should be provided with the necessaryassistances and help - protection and care services; justiceprocesses support; helpful information and advice; andpsychosocial support.

A child should be made to experience the courtatmosphere before he/she appears to it.

Summaryand

Key Learning Points


Lesson 3



A child should be continuously informed about theprogress on his/her case and should be given acontinuous care and support after the end of the justiceprocess;

A child’s physical and emotional signs should beexamined as part of the support as well as theinvestigation function.

Interview of a victim child always needs to be carefullyplanned and conducted

Reports about an offence against a child/children maybe received from any responsible body (individual orinstitution, overtly or anonymously). Any report shouldbe carefully received and reports should be verifiedbefore taking any action on the alleged offender.

More evidences can be collected and developed on asuspected offence through the examination of the physicaland emotional signs of the victim child; medicalexamination; collection and examination of physicalevidences; victim and witnesses interviews; policereports, records, and intelligence; and professional expertsupport.

Lesson 3


Module 7

HANDLING CHILDREN INCONFLICT WITH LAW

Module

7

Even though the way and the reason they come into contact with the policecan differ, all children need special attention and care from the police. Oneway where children come into contact with the police is by being allegedoffenders.

The police have a duty to protect all children, including those in conflictwith the law, and to treat suspected child offenders fairly and with dignity.At this juncture, it should be noted that all children’s rights apply to allchildren at all times, including children in conflict with the law. Just becausea child is suspected of committing a crime, it does not imply that the policecan act with impunity.

The lessons in the Module aim to introduce the attendants with the specialrequirements of handling child offenders. Accordingly, the activities as wellas the necessary cares and considerations in dealing with juvenile offendersare dealt with in detail.

HANDLING CHILDREN IN CONFLICT WITH THE LAWModule 7

Introduction



The contents of the module are organised into two major lessons as outlined bellow. The firstlesson clarifies the step-by-step process of treating a child alleged to be in conflict with the lawfollowing the chronological order of the activities in the justice process. The second lessonspecifically focuses on the concept of diversion where the principles, benefits, methods andprocesses of diverting child offenders from the regular justice process are discussed in detail.

Lesson One: Principles and Processes of Treating Child Offenders1.1 Major Principles and Functions1.2 Pre-trail Processes1.3 Arrest, Detention and Investigation of Child Offenders

Lesson Two: Diversion: The Concepts and Processes 2.1 Meaning and Features of Diversion2.2 Methods of Diversion2.3 Importance and Benefits of Diversion2.4 Police Diversion Processes


The entire lessons in the module are relevant for all the police officers who have a direct mandateor the possibility to deal with the cases of alleged offender children. Relatively, however, the firstlesson will have a priority over the second in cases of training police officers who are at lower ranklevels and have direct involvement in patrol and investigation duties. On the other hand, thesecond lesson will have a priority importance in cases of managerial level training programs.


Hint to the Trainer

Provide with or help the trainees to review and identify the governingprinciples as well the articles, provisions from the international andnational instruments which are specifically relevant to beconsidered/applied to each phase addressed in the process ofhandling children in conflict with the law.

Help the trainees to identify the possibilities for pretrial diversion intheir respective area, the level of police discretion in making thediversion decision and the roles to be played in the process.

Organize cases where bad and good practices of handling children inconflict with the law are involved as learning points, and make theattendants do analysis of the cases. Moreover, help the students dopractical exercise and observation/study of the practices and writeevaluative reports on the practices


Children at different age exhibit different behaviours for different reasons,and, hence, they need to be approached and treated in a manner thatconfirms to their state of conditions. The governing principles and themajor processes of such approaches and treatment are discussed in thislesson.


Principles and Processes ofTreating Young Offenders

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Learning Outcomes

The lesson primarily aims to help the participants understand and practice the correct step-by-step processes of handling child offenders. In completion of the lesson, the attendantsshould, specifically, be able to:

1) Identify the governing principles of consideration in dealing with child offenders;2) Explain the objectives, activities, approaches of the police officer during the initial

contact with a child offender;3) Describe the options available to identify the age of a child;4) Understand the problems and the needs of an alleged child offender;5) Discuss the factors which need to be considered to apply pre-trail diversion;6) Outline the basic requirements (principles and procedures) to be considered during

arrest, detention, and investigation of juvenile offenders;

Lesson Structure and Process

The entire lesson is organised in three parts where the general principles and processes andthe specific activities are discussed separately. It starts by the discussion of the generalprinciples and processes and continues with the discussion of specific activities.

The first part of the lesson specifically focuses on the principles and processes of treatinga child offender in general terms. The primary aim of the lesson there is to help theparticipants acquire a general overview of the police functions and the associated principlesin dealing with the cases of child offenders. Accordingly, it provides a summary descriptionof the governing principles and the basic functions and processes of treating children inconflict with the law. In cases where the participants are not going to deal with the othertopics in the lesson, the lesson in this specific topic, dealt with in a detailed manner, canreplace the remaining ones. If the same participants are going to deal with all the othertopics in the lesson, this will serve as an introductory part.

The second and third parts of the lesson deal with the specific functions and the proceduresof their execution as well as the principles specifically applicable to them in a detailed anda step-by-step manner in the order of sequence in the general process of handling childoffenders. Part two specifically focuses on the pre-trial functions and processes whichinclude: establishment of child friendly contact; determination of the age; determination ofthe status of the child; and pre-trial diversion. The third part specifically focuses on theactivities which are often associated with the regular criminal justice processes: arrest,detention and investigation. The lessons in these parts mainly aim to enable the participantsto acquire an in-depth know-how of the principles and the procedures of treating childoffenders.

All of the lessons in the first and second parts and the lesson about ‘Arrest’ from the thirdpart are of more priority to the police officers who are engaged in the direct operations of


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crime prevention (patrol) and investigation as both are most likely to come up with allegedchild offenders. The lessons under the topics of ‘Detention’ and ‘Investigation’ arespecifically relevant for the officers who have a role in the investigation of child offender’scases. Accordingly, it is highly suggested to consider variety of methodologies includingcase based exercises, simulated practices, and observation and study of real practices indealing with these parts of the lesson.

1.1 Major Principles and Functions

1.1.1 Governing Principles

All children have specific rights in addition to the universal human rights. Such general rightsof all children should always be respected for all children whether they are victims oroffenders. Various International and national instruments also provide specific proceduresfor the treatment of child offenders which the police needs to know and apply. Here underare the fundamental principles for the police to consider, generally, in dealing with allegedchild offenders.


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Hint to the Trainer

Divide the participants into differentgroups and encourage them to refer backto the lessons in Module Two and Fourand (a) explain the scope of the duty totreat children in conflict with the law; (b)identify the legal and moral principleswhich are specifically applicable (morerelevant to be considered) in dealing withchildren who are alleged offender;

Knowing and Respecting all Applicable Legal and Moral Principles It should be noted that all children’s rights apply to all children at all times, including childrenin conflict with the law. Just because a child is suspected of committing a crime, it does notimply that the police can act with impunity.

The guiding principles of treating children addressed in Lesson 4.2 are equally applicable toall children irrespective of the difference on their reason for coming into contact with thepolice. In dealing with juveniles in conflict with the law, police officers should carefully


consider all of such guiding principles and make them applicable based on the specificconditions of the individual child who came into contact with the law enforcement process.

The procedures that the police should follow in dealing with the case of a juvenile offenderare different from that of adult offenders. It should be in accordance to the relevantprinciples and laws as described in the lesson concerning ‘Rights of Children with SpecificRelevance to the Police’ - Module Two Lesson Two, and ‘Governing Principles’ of policingchild matters Module Four lesson topic 2.3.

Develop/Have a Proper Understanding and Attitude Towards ChildOffenders:The police have a duty to treat all children in conflict with the law in accordance tothe pertaining legal and moral principles. Although they may have committedserious offences, they are still in a condition that makes them be in need of specialcare and treatment from the police.

Most of the reasons behind being an offender are out of the child’s control andresponsibility. Their behaviour, to be good or bad, is basically influenced by thecircumstances they are in and the experiences they have passed through. Ultimately, it is thefamily, community, and the society in general which are more accountable to the offencehe/she has committed than him/her self.


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Hint to the Trainer

Recite back to the key learning points fromthe lesson topic 1.2.4 of Module Four as wellas Module Six to have more effect in makingthe participants develop the proper attitudetowards offending children by enabling themto sufficiently understand the reasons behindtheir offensive tendency.

Because of their incomplete maturity, the capability they have to understand theconsequences of their delinquent acts and to control their emotions and interests that maylead to offence is less than that of adults. Therefore, they will not be held equally responsiblefor what they have committed.

For the same reason mentioned above, they are easily affected emotionally and mentally bythe behaviours and acts of the police. The negative consequence of inappropriate police


treatment to child offenders is severe and not even limited to the concerned child only. Assuch treatment is part of the factors which form the future state of the child’s condition,the police have to treat them with a view of helping them be more responsible citizens inthe future and in a manner that confirm with this.

Focus on and contribute to the improvement of the child’s behaviour:The primary purpose in dealing with child offenders is to bring a behavioral improvementfor the future, not to punish. Make decisions based on healing and reconciliation objectivesrather than punishment. Focus on the children themselves rather than just on the rules thathave been broken.

Carefully examine and understand the reasons that contributed for the child’s offensive act.Understand the naturalness of the limitations in the child’s decisions. Realize that you canhave positive and negative impacts in the future state of condition of the today’s allegedchild offender. Refrain from being part of the negatively affecting experiences in the life ofthe child and focus on options that can have positive impacts. Accordingly, make diversionof child offenders, away from the criminal justice process, a priority choice. Avoidincarceration of children as much as possible.

Show Proper Behaviour:

� Do not incriminate the child - never blame, refer to as a criminal, make him/her feelguilty; etc.

� Never use a language that can emotionally or mentally harm a child. � Do not use force unless absolutely necessary; � Never treat the child in a degrading, humiliating and rough or uncaring way� Never act in a way that intends to embarrass, shame, humiliate, or degrade the child. � Never show discrimination of any form: age, gender, physical appearance, disability,

religion, ethnicity, etc

Apply Child Friendly Communication:

� Use simple words and statementsAlways use simple languages, taking into consideration the specific state ofconditions of the child in contact (age, apparent maturity, intellectual development,etc). Check if the child has really understood the words you have used and what youhave said. Avoid long and complicated sentences, negative and double negativestatements; words or statements with more than one meaning, etc.

� Show appropriate body language: Avoid bodily expressions that show negative judgements. Adopt interested and goodeye contact; avoid tense body posture as the posture you adopt may automaticallyevoke a certain response from the child.


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1.1.2 Basic Functions and Processes

The things a police officer should do when he/she comes into contact with a child offendercan be summarised into three categories: understanding the child; understanding theproblem; and taking the appropriate measures in the same order of sequence.


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Hint to the Trainer

Give an introductory briefing about the major purposes andaspects of the functions the police should perform with regardto child offenders. Divide the participants into different groupsand encourage them:

1) To (a) develop, as complete as possible, the list ofactivities they believe that the police should do in dealingwith children in conflict with the law; (b) classify suchactivities into the three categories described hereunder;

2) To (a) identify separate key stage processes (phases ofactivities) in the sequential process of treating childrenin conflict with the law; (b) show the flow of the activitiesdiagrammatically (to draw process flow chart); and (c)describe each separate key stage processes.

3) To review back their own experiences and (a) list theactivities they performed; (b) describe the problems faced/what they feel the most difficult practical elements ofhandling child offenders are/; (c) evaluate how appropriatethe practices were as compared to the principles andprocesses explained and are agreed upon here.

You may conduct presentations and discussions in completionof each phase of the activities or after they have done all of thethree activities as the specific circumstance might dictate. Indoing so, compare the outcomes of the participants work againstthe contents here and make corrections/improvements on theparticipants’ work or the contents here, whichever becomesimportant.


Understanding the child:

The process of treating an alleged offender child starts by the measures that help tounderstand the child him/herself. Being able to establish an appropriate form of contact,in a child friendly manner, is the very beginning point and the grand principle. Then after,the officer continues with the activities that help him/her to know the age, physical andemotional state of conditions, background, etc of the child. The processes of understandingthe child should extend to include identifying whether the child is a first time or a repeatedoffender; whether or not he/she has admitted the fault, regretted the act/consequences ofthe offence, is willing to accept what is suggested by the police, etc. During this phase, theofficers are also expected to provide the child with the necessary protection and care inorder to ensure the physical and emotional safety of the child.

Understanding the problem:

After the child’s physical and emotional safety is ensured and he/she is made to be on a fairlynormal state of condition, the police officer can continue to explore the problem. Thisprocess comprises activities that enable to get the following kinds of questions answered:What happened? Is there any offence? If so, what is the offence in legal terms? Is the offenceminor or serious? Why it has happened? - Remote root causes and immediate contributors,i.e., situations/ circumstances, and the people.

Determining and implementing the appropriate measures:

Once the officer has got a sufficient information bout the child and the nature of the allegedoffence, she/he is in a position to decide what should be done accordingly. The decisionissues and options will include:

Further services of care and protection (forms, scale, processes, etc)On-the-spot solutions (no action, reconciliation, advice, caution, formal warning,family/guardian warranty, etc)Taking the case to the police unit: report, record, inform the concerned officialsand specialist unit, etcOfficial diversion: assess, plan, agree, implement, and follow-upBring the case to the formal justice process: The place and manner of keeping the child: family/guardian, institution, policestation, etc


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UNDERSTAND THE CHILDAND THE PROBLEM

DECISION ANALYSIS ANDCHOICE

CONSULT ANDDECIDE

FOLLOW-UP IMPLEMENTAFTER SENTENCE

FOLLOW-UP

INVESTIGATION

PREPARATION TOCOURT

APPEARANCEPLAN

TAKING THE CASE TOPOLICE STATION

ON THE SPOT SOLUTION

DIVERSION

TERMINATE

TRAIL

OR OR

OR OR


Child offender treatment process flow chart

RE

CO

RD

ING

AN

D I

NF

OR

MA

TIO

N P

RO

CE

SSIN

G

When a police officer comes into contact with an alleged offender child, he/she has twomajor alternative options to consider. The first and the immediate one is to give on-the-spotsolution for the problem. This may include variety of options that can be made applicableby the discretion of the individual police officer depending on the child’s state of conditionand the nature of the offence. The fundamental criterion to apply this option, however, isif either the child is below the age of criminal responsibility (less than 9 years), or the offenceis in the category of minor offences.

If the provision of on-the-spot solution is found not to be appropriate or possible, theofficer should bring the case into more formal process. This involves reporting the case tothe concerned police unit, establishing formal recording of the case; informing concernedofficials and specialist units (CPUs for instance). From this point, also, there are two majoralternative options to consider: diverting the child or taking him/her through the regularcriminal justice process.

In cases where diversion is applicable (legally permissible and technically possible), theconcerned police unit personnel should involve the other governmental and non-governmental bodies in the detailed processes of decision making and planning. Then after,the police will play its part in accordance to the diversion process plan during theimplementation phase of the diversion program. This mainly includes following up theprocesses and checking up the behavioral improvements of the child.

In cases where diversion is not applicable, the police should report the case to the concernedprosecutor’s office or court (first instance court or juvenile court) and continue theinvestigation processes. The application of this option involves other serious decision andprocess issues like arrest and detention: whether or not to arrest or detain the child, and howto do so. As part of this process, the police needs to facilitate the appearance of the childin fort of the court upon the dates of the court’s decision.

After the case has received decision in court and when a child undergoes a diversionprogram or is kept in the correction center, the concerned police officers have to follow upthe condition of the child and assist his/her rehabilitation process - follow-up and providesupport to the correction program.

1.2 Pre-trail Processes

This includes all the activities to be executed by the police officers who came up with achild alleged to be an offender from the point of the first contact until reaching to thedecision to take the case to a regular trail process. The major activities to be performed atthis phase in sequential manner include: establish a child-friendly contact; determining theage of the child; determining the status of the child; and making diversion decision.


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1.2.1 Establishing Contact with a Child

The impression that is established at this initial phase of the contact between the child andthe police officer significantly influence the process and outcome of the remaining activitiesand relationships in the entire process of justice.

Therefore, the police officer should give due care for his/her behaviours and approachesduring this initial phase of contact with a child. Accordingly, the officer should rememberthe governing principles in dealing with children specifically applicable to the this phase,more importantly caring, concern, responsibleness, child friendly approach andcommunication.


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Hint to the Trainer

1) Develop different case scenarios - varying offences,circumstances, profile of the child offenders, etc, andencourage the participants to (a) describe the objectives,activities, processes/procedures, etc of establishingcontact with an alleged offender child; (b) describe themajor principles specifically applicable to this phasesof the processes and the corresponding cares andconsiderations; (c) develop an action plan to do thisregarding the imaginary child in the case; (d) make anall-class presentations and discussions on what has beendone by each group of the participants and ensure thatthe correct understanding of the purpose, process andprinciples are achieved by every body.

2) Encourage and facilitate the participants to do simulatedexercises where they implement the action plan theyhave developed previously. This should be done throughthe role-playing processes where each participant playsthe role of a police officer doing the activities andcommunications of establishing the contact and othersplay the roles of a child and observers. Finally, facilitateto have a critical feedback process session where bestpractices are identified and agreed.


The primary objective of the officer at this phase is to get the child to understand and beready for further communications. The child should be made to be calm, comfortable, safe,willing, etc enough to communicate and cooperate with the officer. The officer should beable to find out the basic information about the child and his/her act which include, forinstance, who he/she is, from where he/she is (address), names and addresses of the parentsor guardians, what was he/she doing, etc

1.2.2 Determining the age of the child

Knowing the age of the child determines the way forward measure to be considered andapplied. It enables to determine the scope of the child’s criminal responsibility, the natureand kind of support the child needs congruent to his/her age; and the manner of treatmentthat is permissible in accordance to the law.


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Hint to the Trainer

1) Encourage the participants to (a) explain thepurpose/importance of determining the ageof an alleged offender child; (b) describe themethods of identifying the age of a child; (c)explain the measures they would take if thechild is found to be below the age of criminalresponsibility or above the lower limit ofcriminal responsibility.

2) Bring some children with known ages to theclass and encourage each participant to guessthe ages of the children and check how goodthey are in doing so.

3) If possible, make the participants try to findout the ages from the children. While onedoes the exercise, other participants observethe process and evaluate the communicationskill and application of the suggestedmethods


In this juncture, it should be noted that, in accordance to the relevant national laws, childrenbelow the age nine do not have criminal responsibility at all; those children between nine andfifteen are considered and treated as juvenile delinquents; and those beyond fifteen may beconsidered and treated as adult offenders when the capable court presumes sufficientmaturity.

Methods that help to identify the age of a child include: -� Asking the child: how old he/she is, grade in school, other remarkable association

of events.

� Using self judgement based on experiences,

� Getting proof identity - if the child carries school identity checking school grade andage from it; contacting the concerned adults (parents or guardian, etc) asking themto bring the identification if possible.

If no identification is possible, treat as a child and, if really necessary, then further researchcan be done (estimation by medical practitioner, testimonies family, teacher, community etc)at a later stage.

If the child is under the age of criminal responsibility (9):-� Return to parents or guardians

� Agreement with parents/guardians to prevent re-offending

� If home or parent-less - refer to other available services like NGOs, adoptions, etcwith agreement to prevent re-offending,

If the child is with in the age of criminal responsibility (9 and above)� Child is responsible for the offence

� Further consideration - of age, maturity, previous offending, views of the victimcontinuous

� In cases of serous offence and recidivists, release on parents bonds or on bail untilthe age is verified and permission is received from the court to detain the child, orinvestigation report is completed and submitted to a court.

1.2.3 Determining the Status of the Child

All children reported to be offenders may not necessarily be offenders. He/she may actuallybe ‘in conflict with the law,’ or ‘in need of care and protection’ or a victim/survivor ofcrime and /or abuse. Therefore, verifying this is an essential part of the pretrial processes.

The child is only in conflict with the law if he/she committed an act which is a crime or anoffence according to the relevant laws. If the child is begging, ‘loitering’, or is the victim ofcommercial sexual exploitation (prostitution) he/she should not be considered as being inconflict with the law. These children are in need of care and protection.


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In many cases, a child may be both in conflict with the law and in need of care andprotection at the same time. This is especially true for street children. In these cases, thepolice officer needs to use his/her own judgment based on the governing principles anddecide on a balance. Care and protection normally outweighs a minor offence. Thus, if theoffence is not serious, the police should treat the child as one being in need of care andprotection.

1.2.4 Pre-trail Diversion

In cases of juvenile offenders, the police normally have a number of alternatives open forconsideration in dealing with the observed or reported instances of misbehaviour. Theymay, for instance:

Release the young offender after questioning at the site;Admonish and then release the youth; Divert the youth to the youth service agency; Transport the youth to the police station and question there and release; Issue a citation to appear in court; Take the youth to the juvenile detention centre; etc.


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Hint to the Trainer

Distribute the cases attached at the end of the module andencourage the participants (individually or in group) to (1) classifythe cases in to the following categories and provide reason forincluding each case in such category: (a) children in conflict withthe law; (b) children at risk and/or in difficult circumstance - inneed of special care and protection; (c) victim children; and (2)describe what they would do with regard to each case.

Conduct full class presentations and discussions; evaluate how wellthey have understood the appropriate criteria of determining achild’s status and the measures to be taken by the police indifferent cases and provide the necessary corrections.


Factors to be considered in deciding how the young person will be handled include the:� Legal provisions and standards applicable to the specific case;

� Options available in dealing with the specific case;

� Seriousness of the offence;

� Youth’s age, appearance, attitude, and previous record;

� Context/neighbourhood in which the behaviour occurred;

� Child’s home situation; etc.

Thus, to decide on the diversion option, the nature of the offence; applicable laws,procedures, and guidelines; available pre-trial trail diversion strategies/options; the generalstate of the child and family; scope of the police discretion in accordance to the applicablelaw; child’s readiness to accept the fault and his/her willingness to accept diversion order etcneed to be examined. The complete principles and process of diversion are thoroughlyaddressed in the next lesson.

The practices of CPUs in Addis Ababa:

Consider/apply the appropriate diversion option, mainly in cases where the alleged offenderis below the age of 16, non repeated offender /first time offender/, and the offence fallsunder the category of petty offences in accordance to the criminal code. In Sub-cities wherethere is no Community Based Correction Centers (CBCC), diversion is implemented withoutan institutionalized system of correction. In this case, the police officers release the childwith warning and/or under the responsibility of parent/guardian after which the child isexpected to report periodically to the CPU on her/his activities. In Sub-cities where thereis CBCC, children go through an organized procedure.

The activities and processes in the Community Based Correction Center include:� Child assessment and treatment/development planning -

� Engagement in organized daily schedules


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Hint to the Trainer

If the trainees are not going to deal withthe next lesson, address or help them tostudy the basic principles, process andfactors to be considered and encouragethem to identify the possibilities ofdiversions in their respectivecommunities


� Behavioral standard setting,

� Education support

� Guidance and counseling,

� Continuous follow-up, monitoring, assessment - by the police, social workers,volunteers, schools, etc

� Rewarding good behavior and innovative actions

� Protection from older offending children

� Linkage with other NGOs and support structures,

� Play and recreation

� Regular parents’ meeting and discussion,

� Family contact /supervision/ and school visit programs,

� Making the youth contribute to the project in different ways by organizing theminto different clubs,

1.3 Arrest, Detention and Investigation of Child Offenders

Application of these activities may become of consideration in cases where on-the-spotdiversion of delinquent children by the police officer who came up with them first is notfound to be appropriate or possible. In such cases, the police officers need to make decisionsin a careful and responsible manner and follow procedures that are fully acceptable inaccordance to the applicable laws and principles.


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Hint to the Trainer

Prepare the following activities; encourage the participants toaccomplish them; facilitate presentations and discussions; providefeedbacks and make necessary corrections in a phase-by-phasemanner.

1) Divide the participants into different groups and encouragethem to review back the relevant lessons in Module Two LessonTwo and identify the specific legal principles and provisionswhich needs to be considered /particularly applicable/ in theprocess of (a) Arrest, (b) Detention, and (c) Investigation ofchild offenders.


1.3.1 Arrest

Arresting children under the minimum age of criminal responsibility (below 9 years) is notallowed and should not happen for any reason. The arrest of a child over the age of theminimum criminal responsibility should also be a measure of last resort. Always, diversionshould be considered first. Taking a child to the police station should be avoided if at allpossible.

Arbitrary arrest is prohibited. If at all possible, the police can only arrest a child if:-� They have a warrant;

� Children are caught in the act of a crime;

� There are reasonable grounds to believe that the child has committed a serious crimeand that failure to arrest immediately will result in destruction of evidence or inendangering the public safety;


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2) Continue with the cases identified to be offences, in thepreceding lessons, and encourage the groups (2.1) to identifythe cases in which (a) Arrest, (b) Detention, and (c)Investigation is appropriate and possible with sufficient andacceptable justifications for their suggestions; (2.2) to describethe detailed processes/procedures of how they are going toexecute the processes of (a) Arrest, (b) Detention, and (c)Investigation

3) Develop different cases (real or hypothetical) describing theprocesses of the Arrest, Detention and Investigation and themanner of treatment made for the children. Encourage theparticipants to evaluate of the practices in the cases and identifytheir ‘goods’ and ‘bads’.

4) If possible, send the trainees to the police stations and helpthem talk to the detained children and the concerned officials onthe manner and process of their arrest, detention, andinvestigation. Encourage them to do critical evaluation of thepractices against the principles and determine ‘what is goingright and what is wrong’ in the practice.

In cases where the lessons are of high priority (when theparticipants are CPU officers assigned to do the investigation ofjuvenile offence cases, for instance), you are suggested to threatthe three topics separately, one-by-one.



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� They are in an immediate pursuit after a crime and evidence of the child’sparticipation in the crime is found in his/her possession.

When arrest is a must, the police should consider all the applicable principles and rules ofthe process including the following.

The child should immediately be informed and explained to of the reason for the arrestand the charges against him/her as well as his/her right to:-

� Remain silent

� Contact a relative or close friend

� Have a legal representative appointed

� Be brought before a judge immediately or within 48 hours upon arrest

� Be questioned in the presence of a legal representative

� Contact a diplomatic or consular official of his/her country if the child is a foreigner

If the child does not understand or speak the language used by the arresting officer, thechild should be provided with an interpreter, free of charge, in a language or dialecthe/she understands well.Violence or unnecessary force should not be used. The police should not use firearmsor instruments of restraint, unless left with no other choices.Full protection of the health of the child should be ensured; if the child needstreatment, immediately take him/her to the nearest medical centre.Cases of injury or death should promptly be reported to the concerning superior ofthe arresting officer.If appropriate, the officer should gather relevant information from the scene.The arresting officer should record the action taken in a notebook as soon as possible,i.e. the time the child was arrested, put in the care etc.

1.3.2 Detention

Detention should only be used as a last resort. Release should be the first option andconditional release should be considered as often and as early as possible under the supervisionof the relevant authority and with the support of the community. Once the decision has beenmade to release the child, they should be delivered into the custody of: parent/s, suitable familymember, other adult willing to take responsibility for them, NGO, etc.

A child arrested for an alleged offence should only be kept in detention if there is evidenceto support one or more of the following. They are likely to abscond; commit furtheroffences; interfere with witnesses and /or victims; destroy evidence; unable to properly takecare of themselves (intoxicated minors).

If it is not possible to release the child, with in the authority of police, proper proceduresmust be followed to secure a remand warrant from a juvenile judge as soon as possible and

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definitely within the time frame specified by the law. The Ethiopian Criminal ProcedureCode orders the police to take cases immediately to the nearest Woreda court.

If detention of a child is unavoidable for any reason, it should be in a special juvenile facilitywith emphasis on the earliest possible release and reintegration into the community. In suchcases, all applicable legal and moral principles should be respected and the following caresand measures should be considered.

The child should never be subjected to any form of cruel in human or degradingtreatment or punishment including threats or verbal abuse.Concerned supervisors/chiefs should be informed of the detention of the childimmediately. Notify the child’s parents, guardians, or an appropriate adult (either a social workerof other person as identified by the child) immediately if they have not been informedso far. Log the child’s details: age, time of arrest, allegation, next of kin etc. (i.e. go throughthe standard charge sheet). Make sure the child’s age is recorded. Police stationsshould also have a separate register documenting children who has passed throughthe police station.A child accused of committing a non-serious offence shall not be fingerprinted orphotographed.A child should not be searched unless there are reasonable grounds to believe thatthere is an object concealed in the child’s clothing or possessions which is related toa criminal act or possession of which is a criminal offence.The case must be handled without any unnecessary delay.The child has a right to a prompt and a regular access to free legal and other assistance(within sight but not hearing of the police) and the right to appeal/challenge thelegality of his/her detention.Physical restraint may only be used in exceptional cases and only when necessary forthe security of the minor or another person. Physical restraint measures should notcause humiliation or degradation and shall be used only for the shortest possibleperiod of time.The child must not be kept in a cell with adults or convicted juveniles. This includesgirls not being kept in a cell with adult women (unless it is in the child’s best intereststo do so).Make sure that the child is kept in adequate facilities and that all the necessary servicesare provided: physical, sleeping, sanitary, food, clean water, etc.

It is often necessary to transport children under the police custody from one to otherlocations. For instance, from the scene of arrest to the police station, to court, to remandhome, etc. Such transfer of a child must be made in a sensible and appropriate manner, i.e.in an adequate ventilation and light; no hardship or indignity; not together with adults, etc.

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1.3.3 Investigation

It may not be possible, in some cases, to divert a child offender from the formal system ofthe justice process prior to the stage of trail; it may be obligatory or better to bring into thetrail process. Such instances may include cases of serious crimes; when the child is arepetitive offender; when a child has not admitted the guilt; etc

In such cases, the fundamental principle and order of the applicable laws is for the policeto take the case of a juvenile offender immediately to the nearest Woreda court. However,the police may do verification efforts on the case with out establishing a record of the caseas a crime. The ‘when and how’ of this should also be as specified in the applicable laws(refer to Module Two Lesson Two) and more specifically Criminal Procedure Law Article172). Once the case is forwarded to the capable court, the next measures would be as theorder of the court.

In addition to the verification of the reality of the offence, the preliminary measures mightbe taken by the police investigator to dispose the case which includes the determination ofthe following state of conditions of the case and the child.

� Whether the offender is eligible to justice procedure;

� Whether the offence is minor;

� Whether the child shows no habitual delinquency pattern;

� Whether the family’s situation is stable;

� Whether the relationship between the child and the parent is good;

� Whether there is adequate help given by voluntary agencies.

� Whether there are possibilities (legally and technically) for to divert the child fromthe normal justice process

Then after, normally, the police should dispose the case and refer to the parents or guardiansunless and otherwise the following conditions are proved. In such cases the police maybetter refer the case to the concerned (juvenile) court.

� If the particular offence committed by the child is serious,

� If the child is known to have appeared before the juvenile court in the past,

� If the child and the parents are unwilling to cooperate with the agencies of a non-authoritarian character,

� If casework with the child by non-authoritative agency has failed in the past.

� If the child denies the offence,

� If there is an apparent need for treatment,

� If it is specifically prescribed by the low to be so,

In such case, the summary report to be made by the police to the juvenile court shouldinclude the following elements.


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� Facts of the offence

� Information about any co-delinquent or the complainant including a statementregarding injuries or damages.

� Any reason for requesting juvenile court action

� A brief summary of any significant factors.

The following and other relevant legal and moral principles should be considered during theinvestigation process:

The child and child’s parent, guardian or appropriate adult should be informed of thechild’s rights during the investigation in a language they understand. If they are ableto read, it is better to provide them with a written statement of these rights andensure that they have genuinely understood it.

Interrogation should be done in the presence of the child’s parents, or guardians, orlegal counsellors based on court order and on the basis of the rights of the accusedpersons. If the child is a girl, a female officer should make the interview. The childhas the right to have a parent or guardian or any adult who the child needs to bepresent to give advice and support in the process (preferably a social worker, humanrights officer, or a member of a child-focused organization if the parent/guardian isnot available).

The child must be aware of the purpose of the interview.The use of fingerprinting and photographing juveniles has a different purpose fromthat of the adults. It has been recommended that children must not be photographedor finger printed unless such materials are necessary to prove the case, that thefingerprints of juveniles not be filed with those of adults or sent to the central databanks, and that all fingerprint records of juveniles who are found not guilty bedestroyed immediately. It is also recommended that fingerprinting takes place onlywhen fingerprints have been found as or are expected to be found as evidence; if theyare taken, they should be immediately destroyed if the comparison is negative, or ifthe youngster is not referred to the juvenile court even if the comparison is positive.The reason for this is to minimize the possibility of labelling the child delinquents andsubmitting them to the processes that will make them feel like criminals.

All records of personal profiles must be kept strictly confidential. No press or public shouldbe allowed to access the personal details of the child and the police officers should nevergive out the name of the child to the media.


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The general rights of all children should always be respected for all childrenwhether they are victims or offenders. The various International andnational instruments provide specific procedures for the treatment of childoffenders. All the police officers who deal with the cases of alleged childoffenders should respect and apply all of such specific principles andprocedures.

The major activities the police may need to perform in dealing with childoffenders include understanding the child; understanding the offence; pre-trail diversion; investigation; preparations for court appearance; and follow-up and support during the child’s attendance of diversions or correctionorders.

When a police officer comes up with alleged juvenile offenders,the first thing to do is ensuring the safety of the child,identifying or estimating the age of the child and analysis ofthe nature of the case (offender and offence) in order to able todetermine the appropriate measures to be taken next.

In principles, children should not be arrested and detained. Ifthey have to, it should be as a last resort, for a short time, andin accordance with the specified laws and procedures only;

Application of a formal investigation process on juveniles ispossible only when a capable court orders so. The processshould also be in accordance with the applicable legal andmoral principles and standards.

Summaryand

Key Learning Points




Diversion, its concept and practice, is new to our police as well as to theother elements and contexts of the law enforcement in Ethiopia. Theimportance of this lesson emanates from such fact and it, accordingly, aimsto familiarise the attendants with the basic concepts and processes ofdiversion.

The content of the lesson is organised into two parts. The first part dealswith the conceptual aspects: meaning, features, purposes, benefits, andmethods of diversion. The aim here is to give background information onthe fundamental issues of diversion. The second part is dedicated to thepractical aspect of diversion where the step-by-step activities of thediversion process are discussed in detail.

The lesson in general is of priority importance for those who are involved inlocal crime prevention functions and who are assigned to the specialist unitson community policing, juvenile delinquency, and child protection. In casesof general management level training, the first part will have more relevance.However, in cases of specialist training for the officers who are assigned tothe specialist units, the second part will take precedence in rank order. Thelesson about the criteria and process of on-the-spot diversion is also ofpriority importance for officers who are engaged on regular patrol duties.

Diversion: The Conceptsand Processes

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Learning Outcomes

The lesson primarily aims to convince the participants of the importance and the benefitsof diversion and to equip them with the knowledge and skills that become necessary toimplement the diversion programs. In completion of the lesson, the attendants should,particularly be able to:

1) Explain the meaning and features of diversion;2) Illustrate, and be convinced of the importance and benefits diversion; 3) Outline and discuss the different diversion methods;4) Identify the cases where diversion is appropriate and not appropriate; 5) Identify the possibilities and the criteria for applying pre-trail diversion; 6) Develop plan of actions for the implementation of the different diversion

programs;

2.1 The Concept of Diversion

The experience of treating young offenders in a different manner has a long history. Therationale behind the differentiated treatment is related to the fact that the characteristics ofyoung offenders are different from that of adults. The practice is based on the efforts to findbetter treatment for child offenders where youth’s behavioural ills are diagnosed and curesare attempted through various types of therapy and treatment strategies. One form of thedifferentiated treatment strategy is diversion.


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Hint to the Trainer

The learning topics in this part of the lesson are entirelytheoretical and knowledge based. In dealing with them,therefore, you can consider any approach that is known tobe good for knowledge-based lessons. The following aresome of those approaches and you can chose any one ortheir combination based on the level of the relevance ofthe lesson to the specific trainee group; the capacity ofthe trainees; and the possibility.

1) Lecture, facilitated discussions through brainstorming,and other in-class activities.


2.1.1 Meaning and Features of Diversion

Diversion is a process of rehabilitating young offenders using the community basedalternative methods instead of the formal judiciary process. It has two aspects: pre-trial andpost trail.

Pre-trail diversion is diversion of offenders away from the formal criminal justice systemwhich is under the discretion of the police. Examples of pre-trial diversion options includevictim – offender mediation; family group conferencing; referral to an NGO or othercommunity or social programmes; family reunification community services; police warning;behaviour contracts; conditional or unconditional release; etc.

Post trail diversion implies ‘Alternatives to Detention’ - diverting young offenders away fromthe formal institutional custody to other community based correctional mechanisms.Examples of such mechanisms include care guidance and supervision orders; probation;community service orders; financial penalties compensations and restitution: intermediatetreatment and other treatment orders; orders to participate in group counselling and othersimilar activities; orders concerning foster care, living communities or other educationalsettings; etc. Such decisions are under the discretion of the concerned courts.

This strategy of treating young offenders is primarily bases on the public involvement andmakes use of the public resources (expertise, information, capabilities, facilities, etc). Themeasures used to rehabilitate the children are contextualized to the specific conditions ofthe community involved, where all socio-economic potentials and opportunities are madeto be considered.


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2) Literature review: in cases where it is important for thetrainee group to deal with the lesson in more detail;there is a possibility of getting more literature; and thetrainees are capable to do so, you may considerencouraging them to do a literature review, producepapers, and make presentations on each of the specifictopics.

You may consider making all the participants to do so oneach specific topic or different participants/groupsassigned to work on different specific topics. In casewhere the lesson is found to be of high significance tothe specific trainee group and has to be dealt with in morein-depth, each topic or a combination of them may betterbe treated as separate lessons.


Principal purposes of diversion programs include:� To encourage the child to be accountable for the harm caused by him/her and to

prevent re-offending

� To provide an opportunity for victims to express their views, encourage restitution,and promote reconciliation,

� To reintegrate the child into his/her family and community, prevent stigmatisationand to give the child a second chance before acquiring a criminal record,

� To improve the use of resources (allow law enforcements institutions to concentrateon other serious crimes)

� To avoid dalliance, costs and traumas involved in trial,

� To provide help for children in conflict with the law through concrete programs,

� To improve the perception of the people towards the police - betterment of thepolice community relations.

2.1.2 Methods of Diversion - Diversion Options

Principally, there are plenty of possible diversion options though their applicability anddetailed features vary depending on the contextual factors as well as the nature of eachspecific case. .

The most common ones are outlined below:

Apology:

� Written or oral apology

� Written or oral reprimand, warming, or citation by the police (telling the child thatwhat he/she did was wrong, if possible, in the presence of parents/guardians, andwarning the child not to do it again):

� Written essay on why the offence is wrong or on the effects of the offencecommitted;

Restrictions - Suppressing Orders:

� Undertaking to attend school regularly,

� Agreement to be home during certain hours;

� Prohibition on approaching the victim or going to certain areas;

Restitution - compensation:

A condition where a youth offenders involved in an offence that have resulted in propertydamage or personal injury are required to work at job sites chosen by the court and the


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amount they earn, usually the minimum wage, is made to be paid for the victim ascompensation according to the court decision. In addition to the compensation for thevictim, this method has benefits of introducing the youth to a work experience and theconcept of accountability.

� Return or restoration of property taken or damaged

� Non-cash restitution or activity or redress the wrong (e.g. cleaning or painting thewall vandalized);

� Payment of the damage caused (consideration needs to be taken of the child’s abilityto pay for the damage):

Attendance of personal/behavioural development programs:

� Counseling sessions for the child and/or the family.

� Attendance at trainings, seminars, sessions on values formation, life skills, problemsolving conflict resolution and anger management:

� Enrolment in a vocational training course:

� Psychosocial therapy sessions;

� Guidance and supervision orders:

� Referral to mediation or a family group conference.

� Participation in community-based programs:

Free service to the Community:

Community service programs require offenders to complete some type of work activitywhich is of benefit to the community. The child could be asked to perform a supervisedcommunity-service work for certain number of hours. The community service should belinked to the offence in some way and should have a developmental and an educationalfunction, e.g. child who vandalized a wall or street can be asked to make posters promotinga clean environment.

Home Detention:

This option is appropriate to be utilised in lieu of institutionalisation for delinquents whoneed more supervision. Home detention programs involve additional obligations subjectingthe child to extensive rules that are rigidly enforced. E.g. attending schools, obeying a curfew,keeping parents and the probation officer informed of his/her activities. This often needsmore supervision and frequent contact.

Community residential treatment:

In cases of youth offenders who have negative experiences with their own homes becauseof parental problems such as alcohol and drug abuse, conflicts, sexual abuse, that threatenthe welfare of the children, they should to be placed in a residential setting out side their ownwhere other adults assume the role of parents.


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Young offenders’ rehabilitation centres

Institutionalised correction centres to keep and rehabilitate serious offenders sentenced tostay in custody. These institutions should basically be designed as learning and training placesthan detaining centres.

2.1.3 Importance and Benefits of Diversion

The importance of diversion has both conceptual rationality and practical benefits. Thus,consideration of diversion as a grand strategy in dealing with juvenile offenders is a mustprincipally as well as practically.

a) Conceptual Rationale for Diversion

Modern Philosophy of Policing:

Community involvement is the core characteristics of modern thinking in the fields ofpublic services. It is the major element of democratic governance in politics and the majorstrategy of solving social problems in the other fields of public services. ‘Communitypolicing’ is the contemporary philosophy which the police organisations/departments claimto provide modern democratic policing service base on. In ‘Community policing’ communitybased solutions are sought for crime problems. Because juvenile delinquency problem looksfor community-based solutions, diversion bases on the philosophy of community policing.

Causes and Consequences of Delinquency:

Most of the causal explanations of juvenile delinquency are related to the economic,political, social, and technological factors. The conditions of these factors of a countryand/or a community are the major determinants of the amount and intensity of theproblem of juvenile delinquency in that specific community. Hence, since the causes of theproblem as well as the impacts are with in the community, it is the community who has andcan give the right solution for the problem.

Accordingly, diversion is a problem solving approach as it deals with the root causes of theproblems and it is a proactive strategy as it targets on reducing the potential for repetitivecriminality of the young offenders.

Institutional Capacity of Juvenile Justice System:

The institutions in the criminal justice system (police, courts, and penitentiary) have,generally, less capacity than the community. Because of the special psychological, biological,and social characteristics of the juvenile offenders, they need to have specialised personneland systems. If systems are not adequate enough, they will not be able to achieve therehabilitation objectives and they may also contribute to the contrary effect. The practicalexperiences indicate that because of the weaknesses of the juvenile justice system, pettyoffenders who have passed through custody and an institutional correction process becomemore serious offenders in the future.


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Legal and Moral Principles & Obligations:

The United Nations declarations and other similar legal provisions on juvenile justiceadministration recommend the consideration of community based strategies ofrehabilitation for juvenile offenders instead of institutional correction. The declarationsurge not to separate a child from his/her family unless objective realities oblige to do so. Thebasic principle of the regulation is that sending a child to an institutional correction mustbe the last option. The time of stay must also be as short as possible and the institutionsshould have an educational set up. According to the UN convention on the Rights of theChild Article 40, variety of dispositions such as care, education and vocational training, andother alternatives to institutional care shall be available to ensure that children are dealt within a manner appropriate to their well being and proportionate to their circumstances as wellas the offence.

Principles of Restorative Justice:

Restorative justice is the opposite of the concept of ‘Retributive’ justice which is thetraditional notion of the criminal justice systems. Retributive Criminal justice systems are theones which are concerned with ‘retribution’ and punishing the offender. Retributive justiceis concerned with the crime itself more than with the people involved. However, this isoften not in the best interests of the victim, the offender, or the society in general. Thoseparties involved may come out of the process as being further alienated, more damaged,disrespected, disempowered, feeling less safe and less cooperative with the society.

Principles and characteristics of restorative justice include:-It focuses on ‘restoring’ damaged relationships (between victim, offender and community)to the way they were before a crime was committed-to ‘make thing right as much as possible’.It promotes solutions to repair damage, reconcile parties involved, restore communityharmony and reassure those involved. The ultimate aim of restorative justice is healing. Itemphasizes the active participation of the offender, victim and community in listening tothe facts and feelings of those involved and identifying and implementing solutions whichbalance the best interests of all sides involved. The offenders take responsibility for theircrime and make amends to the victim and to the community. It allows for repentance,forgiveness and reintegration. Restorative justice emphasizes the need for a ‘proportionateresponse’ and is a much more sustainable and effective response to crime which is muchmore likely to reduce re-offending.

It applies to people of all ages but it is especially important in relation to young offendersas it provides the option of having a lasting impact on their emotional and moraldevelopment which is positive rather than negative: it can stop the process of a youngoffender turning into an adult offender.

It recognizes that not all offenders choose to be cooperative. Therefore, the restorativejustice approach accepts that there is a need for an outside authority to make decisions forthe offender who is not cooperative.

It prefers that offenders who pose significant safety risks and who are not yet cooperativebe placed in settings where the emphasis is on safety, values, ethics, responsibility,


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accountability and civility. They should be exposed to the impact of their crime/s on victims,invited to learn empathy, and offered learning opportunities to be better equipped with skillsto become productive members of the society. They should continually be invited to becomecooperative with the community and be given the opportunity to demonstrate this in anappropriate setting as soon as possible.

It requires follow-up and accountability structures utilizing the natural community as muchas possible since keeping agreements is the key to building a trusting community.

(b) Practical Benefits of Diversion

In addition to the above principled rationalities, diversion has much practical benefits andrelative advantages over the customary practices of traditional criminal justice process forthe child as well as the society.

Relative advantages to the child:-

� Better treatment and longer process of reforming within the community;

� Self-confidence and self worth of the child is not endangered;

� Enable personalised care for each child;

� Protection of children from potential abuse and trauma in police custody andprisons;

� Avoidance of criminal record of the child;

� Better privacy for the child;

� Child’s participation in education, social life, and recreation;

� Breaking the vicious cycle of stigmatisation, humiliation, and rupturing of socialrelations; avoidance of labelling children and reinforcing their criminal experiences;

� Options for reintegration and future development not limited;

Relative advantages of diversion to the society:-

� Economic benefits (reduced costs of custody, jury, and imprisonment; many of theoptions are cheaper than regular justice procedures and detention; imprisonmentprevents people from contributing to their local economies and families;

� Divertees given opportunity to do reparations to their communities;

� Divertees are reintegrated than isolated - better social integration;

� Reduced rate of future offences;

Moreover to the immediate socio-economic advantages, as diversion has better potential toreduce the rate of future offences, it is far preferable than the traditional form ofinstitutionalised correction from the general societal point of view.


Lesson 2


2.1.4 Role of the Police in Diversion

Diversion decision can be made at different levels: by the police who came into contactwith the child - immediately on-the-spot; by the investigator after the case is reported to theconcerned police station; by a restorative justice conference; by court; etc. This depends onthe particular laws that determine the processes and requirements, available strategies,systems and programmes of diversion within the community.

As the police are the first point of contact between children and the criminal justice systemand are responsible to ensure the implementation of the diversion orders of the courts,they are the key actors in the process.

The specific responsibilities of the police include:

Assessing whether a particular child is suitable for diversion and, if so, draw adiversion plan.

Referring children to other services such as NGO programs, community servicesand special service centres,

Issuing police warning and behavioural contracts for non-serious offences ratherthan arrest and detention.

Facilitating mediation or family counselling;

Recommending on conditional or unconditional release;

Recommending prosecutors, probation officers and judges of the alternative courseof action based on —- the information about the circumstances of the child;

Following up and ensuring the implementation of the orders passed on the child.

2.2 Police Diversion Processes

Diversion involves various activities to be executed in a step-by-step process, starting fromwhen a child came into the criminal justice system until he/she completes the diversionorders. The form of diversion that is under the discretion and the primary responsibility ofthe police is a pre-trial diversion.


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2.2.1 Diversion Decision

Know the scope of possibilities available for diversion

In every country and community there should, principally, be a range of pre-trial diversionprogrammes available and a set of criteria to determine participation in them. To apply thediversion option, therefore, it becomes important to know or to find out about theavailability of pretrial diversion programmes and the criteria for participating in them.

Understanding the specific laws (national as well as regional) applicable to diversionprocesses and programs and derived procedural guidelines and standards would be the firststep in the process. Unfortunately, in Ethiopia, we do not have such specific laws so far.However, there are some useful provisions in the Criminal Procedure Code and practicalexperiences of diversion in few places like Addis Ababa and Dessie. Such provisions andexperiences may be of worth to be reviewed and respected.

Determine the Category of the offence

In order to determine whether the child involved is suitable to be diverted, there is a needto make analyses of the type and gravity of the offence committed. Based on the analysis,the category of the offence/case would be defined. The categorization may be aspredetermined by the applicable law, if there is one. The following is the most applied wayof categorization.

� Temporary anti-Social behavior

� Child manifesting disturbing behavior /psychosocial problems/mental illness


Hint to the Trainer

Continue with the cases identified to be offencesduring the above exercise. Divide the participants intodifferent groups based on similarities of theircircumstances - cities, big towns, rural areas, socio-cultural contexts, etc for instance. Encourage them to(1) identify the cases where diversion is possible andappropriate, and (2) describe the preferable diversionoptions to each child; (c) develop a detailed plan ofthe implementation and follow up process of thechosen diversion programs; (d) describe what theywould do if they find the child in the diversionprocess who had failed to comply with the conditions.

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� First-time /non-serious offender

� Persistent /non-serious offender

� One-off serious offender

� Persistent serious offender

Murder, rape or violence in which serious injury is inflicted on the victim are classified as‘serious offences’ while all other offences are classified as less serious offences.

Determine whether the child qualifies for diversion

This involves determining whether the child qualifies to pretrial diversion, and if so, whichoption is specifically appropriate to the child. The decision depends on the nature of theoffence and the specific conditions of the child as well as the diversion option. It should benoted that not all children in conflict with the law qualify for such programmes.

� The following are the cases which often qualify for diversion:

� The Child freely admits his/her guilt (with out physical or psychological coercion)

� The child willingly complies with the conditions of diversion;

� The child is a first-time offender;

� The offence comes within the category of ‘less serious’

� All the stakeholders are satisfied with the recommendations.

2.2.2 Drawing up a diversion plan

If a case is suitable for diversion, then the investigating officer in consultation with thoseinvolved and the assisting social worker can draw up a ‘diversion plan.’ The plan may includeone or a combination of the options of the diversion explained above.

Cares and considerations which are required to be noted include:A diversion plan cannot include: conditions which are contrary to law, morals or goodcustoms; any form of imprisonment, any form of humiliation or degradation; or any formof physical punishment or hard labor.

Some guidelines for choosing a diversion option or formulating a diversion plan include:� The plan must be appropriate to the age and maturity of the child;

� The plan must ensure that the child understands the impact of his/her behavioron others, including the victims of the offence;

� The plan must redress the wrong caused by the offence (may include restitution orcompensation);

� The plan must not interfere with the child’s schooling or income-generating activitieson which the child and/or his/her family depend;


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� The victims’ feelings and views about the suitability of the measures to be imposed;

� The parents’/guardians’ ability to supervise the child;

� The need to develop the child’s competence to become an asset to his/hercommunity;

� The availability of community-based programmes for the child’s rehabilitation andreintegration;

� The diversion plan and its timeframe must be proportionate to the circumstancesof both the child and the offence;

� Referral can only happen with the consent of the child or his/her guardian.

� The child must have access to preventive and remedial medical care.

� Close confinement or reduction of diet cannot be used as a form of punishment.

� The child has the right to make requests and complaints.

2.2.3 Documenting the diversion

If the parties agree to the proposed plan, the police shall draft a written agreement or acontract describing the following:

� The offence which led to the diversion option or plan;

� The actions agreed upon (the diversion option or plan);

� The person who will supervise the child (this could be the child’s parent, guardian,relative, community police officer, social worker, human rights officer, member ofa child-focused organization, local community leader etc.);

� The dates in which the actions (if any) are to be completed;

� When the child and/or supervisor should report to the police (e.g. once a month,once a week);

� What happens if the diversion plan is completed;

� What happens if the diversion plan is not completed;

The agreement shall be signed by the investigating officer, the complainant, the child, thechild’s parents or guardian, and an appropriate adult if any.

The police must coordinate with the department for social service, social workers or otherrelevant groups or persons to assist in monitoring the implementation of the plan, forexample by conducting home visits and reporting findings.

2.2.4 Closure or Extension of the Diversion Program

Once the child has satisfied the conditions set out in the diversion plan, a report shall bemade to the police and the case will be considered ‘closed’. If the child fails to satisfy the


Lesson 2


conditions of the diversion option or plan, the police may consider extending the period ofdiversion or drafting a revised diversion plan to give the child another chance to comply.However, if the police find that diversion is no longer appropriate, the case must beforwarded to the prosecutor with a report stating the facts. If diversion fails, the child’sconsent to diversion and admission of the offence during any stage of the proceedingscannot be used as evidence against the child in any subsequent proceeding for the sameoffence.


Detention has negative effects to both the individual and the society as awhole, it fails to address the root cause of the crime and recidivism (re-offending) and it reinforces criminal behaviour among young people byfurther isolating them from their support networks and compoundingdiscrimination against them.

Diverting children in conflict with the law from the formal justice systemat the earliest possible stage, especially first time non-serious offenders,reduces re-offending and is, therefore, in the best interest of the child,victim, and the community in general.

The police can use their discretion in dealing with offending children andif the case is not serious (i.e. not rape, murder or serious violence) and ifthe child freely admits the guilt without being pressured to do so, then theycan consider diverting the child away from the criminal justice system. If acase cannot be dealt with simply and immediately (e.g. through returning astolen item and apologizing), then they may need to bring the case to thepolice station and consider more formal restorative justiceprograms/processes. This can be the best way to balance the best interestsof the child, victim, and the community.

The process of implementing a diversion program include havingknowledge of the scope of the possibilities; determining the category ofthe offence (whether it is a minor or a serious offence); determining whetheror not the child qualifies for diversion; drawing up diversion plan; documentsthe diversion plan; following-up and assist the diversion programimplementation and the results; and closing or extend the program.

Summaryand

Key Learning Points

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CASE STUDIES

Discuss what you would do and why in accordance to each case

1. You see a girl in the park soliciting sex to a boy who seems to be muchyounger than her. You go up to her. You guess that she is about 15 years ofage.

2. You are chasing an 11-year-old boy because you saw him picking someone’spocket. During the chase, he falls down and cuts his leg badly. You catch upwith him and see that he has dropped a lot of money and two watches.

3. An informant has told you that a particular child is trafficking drugs for anadult person in the community who is suspected to be a member of a gang.You apprehend the child one evening and find a large quantity of illicitdrug in his possession. He tells you that he is 15 years old, that his fatherran away a long time ago, that his mother is sick in the hospital and that heneeds the money to pay for her medical bills and to support his threeyounger siblings.

4. You are looking for someone, approximately 17 years old, who is reportedto have stabbed an 11-year-old boy earlier in the evening. You see someonematching his description. You stop him but just as you are about to searchhim, he pulls out a knife, threatens you and tries to run away.

5. You are on patrol duty and you come across a group of boys and girls ofmixed ages selling things on the roadside in front of a government office.You haven’t seen them before. You can tell from the way they are dressedthat they belong to a particular ethnic minority group lives far away fromthe city. You do not speak this minority language. The city administrationhas just passed a decree that this particular area of town should be keptclear at all times.

6. You are in the center of the city. You approach a group of children who arehanging around in the main square, joking and shouting insults at peoplepassing by.

7. There has been a gunfight between two gangs earlier in the evening duringwhich the daughter of a local shopkeeper was killed. You are investigatingthe incident and you receive a tip-off which leads you to find the gun at thehome of a local boy. You speak to the boy’s mother who is very shocked.She explains that her son has learning difficulties and that he is often bulliedand manipulated by older boys in the neighborhood.


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8. A fruit-seller reports that three children have stolen some fruit from hisstore and that they ran off in a particular direction. You come across twoboys and a girl matching their description eating fruit at the back of themarket.

9. You arrest a 15-year-old girl for stealing clothing from the factory whereshe works. She admits to the crime, but is very frightened of theconsequences. She says she has heard terrible things about prison. She isvery upset and offers to have sex with you if you let her go.

10. A house-owner has caught an 8-year-old boy climbing into his windowand has called you to arrest him for attempted theft. You ask the boy ifhe is working with anyone else, but he looks very frightened and claimsto be working on his own. You don’t believe him.

11. You come across two girls on the street late at night in the red light area.You ask them why they’re not at home and they say that their mother isworking and has a man in the house.

12. Two boys who are arrested for pick-pocketing allege that they weresexually abused on the way to the police station by the police officer whoarrested them. You recognize the colleague that they are describing.

13. You see a group of children, both boys and girls, sharing some alcoholicdrinks and smokes, suspected to be dangerous substances, on a streetcorner. They look very disorderly and are disturbing the passersby.

14. You come across an argument in the market between a woman and ayounger girl. The girl is very angry and is demanding to be paid for havingcarried a heavy sack of Teff for the woman. The woman is refusing topay her the full price she agreed. The girl is pulling at the woman’s sleeveand the woman slaps the girl’s hand away.


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Module 8

ORGANIZING AND MANAGINGTHE CHILD PROTECTION FUNCTIONS

Module

8

The forms and features of the problems of child abuse and juveniledelinquency in the current context of Ethiopia are grave and complicated.Their causes and consequences are multifaceted and intertwined.Accordingly, the necessary counter measures for the problems are alsovaried and complex. Such measures include proactive and reactivestrategies; require for special arrangements of legal, institutional, andmaterial forms; involve varied forms of specialised services and functions;need careful planning and implementation of activities; and call for multiagency approach and involvement.

To do all these effectively, it predominantly needs to have congruentorganisational frameworks and systems. The systems encompass hardelements (such as people, facility, resources, etc) and soft elements (such asstandards, guidelines, tools, plans, etc) that help to perform the functions.Ensuring the existence and the proper functioning of such systems andtheir elements in an integrated manner, towards the achievement of theultimate objectives of child protection, demands for a significant level ofleadership and management roles.

As any other similar cases, the major managerial roles and functionsrequired with regard to policing child matters include planning, organising,leading and controlling for the achievement of child protection. Thismodule specifically focuses on such roles and functions of managementand leadership. It specifies the particular roles and functions of the policeleaders, discusses in detail the importance, scope or aspects and processesof such managerial/leadership functions.

ORGANIZING AND MANAGING THE CHILD PROTECTION FUNCTIONSModule 8

Introduction



In the current practices of policing in Ethiopia, child protection functions and services arenot fully integrated to the regular policing process. Besides the widely accepted observationsand conclusive views of the community as well as the concerned state and non-governmentalbodies, the study (training impact and needs assessment) conducted by the producer of themodule proved that child protection is not a properly understood and performed duty of thepolice in general, let alone to be a prioritized one. In most cases the roles and functionsrelating to children are externalized to the NGOs working on the area. Reversing this stateof fact should be the primary concern of the current leaders of our police service.

Accordingly, the lessons in the module basically aim at to enabling the attending policeleaders institutionalise the police roles and functions of child protection. The detailedcontents are structured into two different lessons as outlined below.

Lesson One: Institutionalisation of the Police Roles and Functions

1.1 Child Service Standardisation1.2 System Creation and Capacitating1.3 Staff Training and Development

Lesson Two: Leadership and Control of Child Protection Functions2.1 Planning and Monitoring2.2 Networking and Collaboration

The first lesson focuses on the most important preconditions which are required to befulfilled in order to get the child protection roles and functions fully integrated and be aprioritised duty of the police. The lesson starts by describing the importance and theelements as well as the processes of child service standardisation and continues to thediscussion of the processes of organising the systems that take the forefront responsibilitiesto ensure the provision and execution of the specialised services and functions towards thegoal of child protection. Finally, the approaches and strategies which help to ensure theavailability of a competent human resource base that enables to provide the required typeand extent of child protection functions and services are dealt with.

The second lesson specifically focuses on the operational aspect of theleadership/management functions. The roles the police leaders should play in this regardhave two facets: leading and monitoring the internal planning and implementation processes,and networking and collaborating with all the concerned external parties. The approachesand processes of effectively performing such roles and functions are addressed in the lesson.


All the lessons in the module are relevant for all the high ranked officers with managerialresponsibilities; with more relative priority to those who are directly involved in managingor commanding the regional, zonal, Woreda and community (district or Kebele) level policedepartments. From the two separate lessons, the first one is of more relative importance tothe higher-level managers where as the second one has more relative importance to theoperational level leaders.




This lesson is about fulfilling the most fundamental precondition to ensurethat child protection is made to be an integral part of the policing functions.Institutionalisation of the police roles and functions of child protectioninvolves making the entire structural framework as well as the operationsof the given police institution, department or unit demonstrate that childprotection is a component part of the regular duty of the police.

To assert that child protection is properly integrated to the regular systemsand operations of the police, at least the following two basic conditionsshould practically be demonstrated. All people (senior as well as junior officers) within the policedepartment/unit demonstrate a clear understanding/awareness that childprotection is not only part of their regular duty, but it is also an area of toppriority attention,

Child protection objectives and functions are fully integrated to and aregiven a priority in the entire processes of policing within the givencommunity such as formulation of policing strategies, setting upinstitutional frameworks/structures, designing and implementingoperational plans and procedures, allocation or distribution of facilities andother human, material, financial, etc resources.

Institutionalisation of theRoles and Functions of

Child Protection

Lesson 1


Learning Outcomes

The lesson basically aims at enabling and encouraging the participants to institutionalizethe roles and functions of child protection and child services in the policedepartments/units they lead. In completion of the lesson, the participants shouldspecifically be able to:

1) Describe the importance of having carefully designed and officially recognizedstandards of work related to child matters,

2) Outline the required aspects and structure of the child service standards, 3) Explain the characteristics of effective child service standards4) Describe the process of service standardisation;5) Develop a draft outline of child service standard for their respective police

department/unit;6) Illustrate the importance and benefits of having specialised systems for policing

child related matters7) Choose the appropriate structural framework for the specialised functions and

services for children in their respective police departments/units;8) Describe the process to be followed to establish and capacitate specialised units for

child services;9) Understand and discuss the different approaches and strategies of staff training

and development on child related matters

1.1 Child Service Standardisation

One of the basic preconditions to succeed in the endeavour of child protection is to get theroles, functions, and processes of child protection well standardised. The level ofachievement in this respect can be measured by the availability and the quality of thestandards; the proportion of standardised functions and processes; the extent to which thestandards are communicated and realised; etc


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These are the fundamental preconditions which enable the police toperform their roles and functions related to child matters. Standardisingthe roles, functions, and the detailed processes of policing child matters,establishing and capacitating specialised systems which enable to properlydeal with child related matters, and training and development of the policeofficers are the major issues of considerations in institutionalizing childprotection roles and functions. The lesson specifically focuses on suchissues and illustrates the importance and the processes of child servicestandardisation, system creation, and training and development.


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Hint to the Trainer

The aim here is to help the participants have a clear understanding ofthe importance, elements/aspects and processes of child servicestandardisation.

First, give lecture and facilitate a detailed discussion on theimportance, aspects, structure and principles of child servicestandards, and on the processes of the standardisation based on thenotes below.

Then after encourage the participants to do the following activities:

1) Identify and obtain all the legal instruments, available at thenational and local level, that standardise (give a guideline to)the child related functions. These may include constitution,criminal procedure code, child/juvenile act, child/juvenilepolicy, police operational/ procedural standards, etc.

2) Review the consistency of such standards with each other andwith other relevant international and regional instruments (e.g.UN CRC and African Charter of Child Rights)

3) Derive a summary of the standards for the different aspectsof the police roles and functions such as organising andleading of child services and child protection functions,preventive functions, treatment of vulnerable and victimisedchildren, treatment of child offenders; management of childabuse cases; etc

4) Identify and describe the gaps (what is not good and what ismissing) by comparing against the benefits, aspects/elements,principles and structure of standardisation explained below.

5) Develop a detailed outline of the operational guideline (childservice standard) that needs to be present at the respectivepolice department/unit of the participant. This should at leastbe able to clarify the complete outline of the contents andstructure of the proposed standards as well as the approachesand the detailed processes of developing the outline into acomplete standard later on - after he/she gets back to the job.

Finally, facilitate presentation and discussion session where feedbacksand helpful inputs are given to the works of the individuals or groups.Use of sample standards, if possible, is of high help in this process.



1.1.1 Importance and Aspects of Child Service Standards

Importance and Benefits:

The work of child protection and juvenile justice calls for the involvement of varied internaland external constituents of the police. The variation in the internal constituents of a givenpolice system may be explained in terms of: (a) service domain as national, regional, andlocal, (b) service category as investigation, prevention, support, specialised service, etc, (c)hierarchical positions as managerial, supervisory, operational, etc.

The external constituents include many governmental and non-governmentalorganizations/institutions who share the mission and work towards the same end, forinstance, other police systems/departments, prosecutors, courts, local councils, communitystructures, humanitarian organizations, etc.

For the effective achievement of the purpose of the child protection, a tool that delimitsand integrates the efforts and relationships of all the elements that works for the samepurpose is needed. Accordingly, having tools and systems that standardize the roles of eachactor, work procedures, and the nature of relationships that should exist among each otheris a crucial precondition.

Unless there are such agreed standards, the processes and performances of child protectionand juvenile justice activities cannot be as co-operated and effective as they should be. Fromthe many kinds of problems that could follow the absence of the standards, confusionsand conflicts, inconsistency, irresponsibility, unaccountability, and ineffectiveness are themajor ones.

In this regard, the standardisation process would, at least, make the following issues clear.

� The bodies who are expected to have roles in the process of child protection andjustice for children,

� Mandates (responsibilities and authorities) of each actor or constituent� The nature of relationship among all the actors and constituents -organisations,

hierarchical levels, systems, etc� The functions, process and outcome standards: (task descriptions, performance

procedures and standards, outcome and impact indicators and measures, etc)

Having clear standards of the child related services will also have many more practicaladvantages/benefits including the following

� Express the commitment of the concerned police institution as well as thegovernment

� Obligator ness – binding to all involved � Legal backing for the activities� Clarity of roles, processes, and relationships� Better accountability


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� Co-ordination and integration of efforts – synergy� Ease of performance evaluations� Ease of training and development

Aspects and Elements:

The aspects of the required standards include: � Legal standards - laws, regulations, and policies pertaining to the rights of Children, � Organisational standards - standards of setting-up the organisational framework

for child protection: systems that need to established, the parties to be involved, therelationships to be maintained among the different systems, etc

� Functional standards - descriptions of major functions, programs, rolesand responsibilities, etc.

� Operational/process standards - governing operational principles and proceduresthat describe the minimum requirements which needs to be considered inperforming the different functions of child protection and juvenile justice. These arethe detailed guidelines for the execution of the various functions.

� Outcome standardisation - determination of the kind and level of the resultsrequired to be achieved through the various functions and processes.

� Competency standardisation - description of the minimum requirements of theexpected kind and level of knowledge, skills, attitudes and behaviours.

The application of this within the police institutions involves delimiting and describing: -� The roles, functions and requirements of the police as an institution in general; � The national and regional level police roles and requirements; � The roles, functions and requirements of the different hierarchical units within a

given police institution (e.g., regional police HQ, zone/sub-city police HQ, Woredapolice unit);

� The roles of the different service branches within a given police department,institution or unit. For instance, crime prevention, crime investigation, traffic,administration and support wings.

� The roles and requirements of the specialised units that is particularly responsiblefor child related matters, if any.

� The duties and responsibilities of the different individuals both at the managementand operation levels.

� Detailed procedural standards of executing various child related functions andactivities.

Finally, a specific child protection service manual that contains the summary of all thestandards related to child matters may be developed, or such standards are made to beintegrated to the general organisational and operational manuals that describe all thefunctional responsibilities and the operational procedures of the respective policedepartment/unit.


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Structural Framework:

A complete framework of the child service standard includes the specific law relating to childrights and services (child act), child related policies, and operational standards in ahierarchical order as depicted in the diagram overleaf.

It should be noted that these components should be completed in hierarchical order fromthe general provision (the Act) to the specific procedures and should be integrated to eachother. They should also be incorporated and harmonised to other standing acts, policies,regulations, and procedural guidelines of each bodies involved, more specifically the police,public prosecutors, judiciary, penitentiary, women and child affairs, labour and social affairs,health, education, etc. The national level policy and standards of policing child matters aregenerated at the national level by the national level authorities while operational levelstandards and guidelines are produced at the local levels by the local level police departmentsbased on the national level standards but customised to the local state of conditions.


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CHILDACT

ComprehensiveChild Law

STANDARDSFunctions, Services, Systems, Roles and

Responsibilities, Processes and Procedures, Tools, etc

POLICIES- Children Policy- Youth Policy- Family Policy


Structure of the PET Programs

1.1.2 Principles and Process of Child Service Standardisation

The process of developing the standards basically involves works of the analysis, drafting,endorsing, communication, implementation, and review and improvement. Such process isexpected to fulfill the following basic requirements of an effective child service standard.

The major characteristics of an effective child service standard include:

Completeness and comprehensiveness – covers all the aspects of the functions,processes, tools, legal and technical requirements, etc; addresses all the categories ofchildren and the constitutions of the police; etc

Integrated and harmonised - within itself as well as with other related standards, forinstance, policy, goals, strategy, standards of policing in general. Its compatibility andadaptability to the other standards and guidelines is ensured.

Well communicated and understood by all the concerned – the involvement andapproval/endorsement of all the concerned parties is attained in the process offormulation and review of the standards.

Implemented - realised, not left on a shelf, and continuously reviewed and improvedbased on the lessons for the practice and the changes in the context as well as natureof the problems.

Analysis:

At the initial stage, a detailed analysis should be held in order to organise relevant, sufficient,timely, and precise information which needs to be available before going further to draftingthe standards. At the beginning, the contemporary context should be scrutinised to identifythe problems associated with legislation and operational standards. All the existing laws andpolicies pertaining to child rights and services are examined and the gaps are identified. Itis also very wise to collect and asses the experiences of other countries or police institutionsrather than trying to start from the scratch.

Production:

This phase is the most decisive stage in the process. It encompasses all the tasks necessaryfor the production of the document from drafting to approval for example, drafting,discussion, development, and authorisation. The police, sometimes, may not and shouldnot do this alone. It may need to receive the assistance and the delegated authority and workin collaboration with other concerned governmental and non-governmental bodies.

Communication:

Once the responsible authorities have endorsed the proposed standards, they should beknown and understood by all the concerned bodies. The different recipients (for instance,decision makers, donors, operational managers, and executors) will be identified andcategorised according to the need they may have to be aware of the act, policy, or theoperational standards. Generally, executors need to know more about the procedural issuesas compared to the decision makers. In contrary, decision makers may need to know more


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about the policy matters than the procedural issues. Various alternatives means which mayinclude training, workshops, media, etc can be used for this purpose.

Implementation and continuous improvement:

Having the standards is not an end by itself; they need to be realized to be of worth for theachievement of the objectives. Their implementation should be maintained through acontinuous monitoring and review process. To be realized and useful, the standards alsoneed to be adaptable and fitting to the context of the implementation. Thus, they need tobe continuously reviewed and improved following the changes and developments in thecontext and based on the lessons from the experiences of their implementation.

1.2 System Creation and Capacitating

To accomplish specific programs and functions and to achieve their objectives, it needs tohave an institutional framework of the implementation, the people who perform thefunctions, and the resources that are needed to perform the tasks. Fulfilling theserequirements for the purpose of child protection is the subject matter of the lesson topic.It briefly describes the types of the required specialised systems, discusses the importanceand roles of the specialised systems and the process of establishing and capacitating suchsystems.


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Hint to the Trainer

The aim here is to help the participants have a sufficientunderstanding of the processes of establishing and capacitatingspecialised systems for child protection functions and services.

First, give lecture and facilitate a detailed discussion on theimportance, features and roles of specialised systems, and theprocesses of establishing and maintaining such systems. Thenafter, encourage the participants to do the following activities:

1) Determine the specialised (not common or regular)functions and services that the police should do andprovide for children.

2) Conduct a detailed ‘Process Analysis’ of such functionsand services and describe the corresponding requi-rements (kinds of human competencies, resources, etc).


1.2.1 Features and Roles of the Specialised Systems

The achievement of the child protection objectives require for specialised services andsystems both within the justice sector as well as outside the justice sector. Examples ofspecialised systems that need to be present within the justice sector include specialised policeunit for child protection and juvenile justice, child friendly police investigation systems andcourts, and specialised rehabilitation centres for young offenders.

Police institutions are required to establish and capacitate those systems which are requiredto be available within the police. They should ensure that the specialised institutionalframeworks are in place, i.e., specialised units are formed, and the proper kind and level ofhuman and material resources are dedicated to the specialised services. The parameters whichhelp to assess the sate of condition of a police institution/department with this regard includethe number or proportion of the police stations having specialised systems for children;capacity of the specialised systems to satisfy the needs for the service; the extent of the policeownership and internalization of the specialised systems and services; etc.

The specialised systems that are created within the police system are often known as ‘ChildProtection Unit or Juvenile Unit or Family and Child Service Unit, etc’. Whatever the namingmight be, the system will have a primarily mission to provide and facilitate the provision ofspecialised services for children. The system should have clearly defined roles andresponsibilities specifically concerned with child protection and juvenile justice and shouldbe made capable (provided with specialised and adequate amount of resources andauthorities) to perform the prescribed responsibilities.


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3) Review the practice in the respective police departments/units - (a) describe how such functions are beingperformed currently, (b) outline the major but specificstrengths, weakness or gaps, (c) propose solutiondirections and measures, (d) explain how such problemscould be solved or solutions could be achieved throughthe establishment of specialised units;

4) Make analysis and evaluation of the possible options oforganising the functions and services of child relatedmatters within the structural framework of the respectivepolice department. This involves describing the relativeadvantages of each option and making choice of themost appropriate options for the different hierarchicallevels (regional HQ, Zonal, Woreda or community level).

At last, facilitate presentation, discussion and feedback session sothat the understanding of the participants is enhanced andvaluable inputs are made.


The major components of the specialised system, then, include:

� Programs and targets specific to the problems of child abuse and juveniledelinquency,

� Specialised tasks and work standards and procedures,� People with specialised competencies,� Specialised facilities and resources

These components of the specialised subsystem must become the component parts of(integrated to) the whole system of the respective part of the police department/unit(national level, regional/state level, department level, police station, and/or training centre).In smaller police departments (units), there must be at least one officer whose primary roleis to deal with children and youth related matters. Larger police departments may need tohave greater number of officers and supporting staff.

The Most common primary roles and responsibilities of such units include:

Assisting the development and implementation of the policies and regulationsgoverning the police practices and decisions regarding children and juveniles;Serving as the liaison for the other components of the juvenile justice system as wellas agencies, groups, and organisations;Being primarily responsible for the development and implementation of theprograms and plans to control child abuses and juvenile delinquency problems,Instigating (managing) crimes in which juveniles are involved;

The major benefits of having such specialised system:� Promotes integration of child related matters in the general policing directions,

strategies and programs,

� Creates specialised capabilities,

� Strengthen the level of responsibleness and accountability,

1.2.2 Process of the System Creation and Capacitating

In the process of creating such system, all the relevant concepts of the organising functionsof management will basically apply. The major activities involved in the process include jobdesigning, staffing, and resourcing. Then after, maintenance of the system (sustaining andcontinuously improving its capabilities and performance) will be the issue of consideration.

a) Task Description and Specification - Job Analysis

Considering the objectives of the programs and functions of child protection, the jobs tobe performed by the specialised system should be defined as clearly and as completely aspossible. This must be done for all the specialised units established /to be established/ at


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the different levels of the concerned police department separately as the responsibilitiesand requirements of each may differ. The roles and the specific tasks to be performed by asystem at the regional headquarter level will definitely not be the same with the one at thezone level and the district level police stations. The size and content of the specialised systemto be established will also differ accordingly.

After the jobs to be done are listed out, each job will be further broken down to activitiesand tasks, and the process of performing each task will be thoroughly analysed to determinethe specific features of each task and the related requirements. This analysis clear up howeach task is to be performed, what kinds and levels of qualifications are needed to performeach task, and what sorts of resources and how much of each is needed. This informationwill be used to determine the human and material need and to decide on the properstructural set up.

b) Setting-up the Structural Framework

This is the process of fitting the specialised sub system to the whole system of the particularpolice department/section/unit. Basically, it is the decision/determination of the place andboundary of the specialised system with in the whole system and the features of its internaland external relationships. The components of the specialised system (sub systems thatform the whole specialised system) and the nature of their connectivity are also determinedat this level.

Although there might be more options found depending on the specific contexts of theconcerned police department/unit, there are three major options to be considered:

1) Establishing a separate unit (sub system) at all levels that takes specific responsibility forthe implementation of all the tasks under the child protection and juvenile justice programwithin the responsibility limit of the particular police commission, department, or station.

2) Distributing different roles and tasks of child protection /child related matters/ to thedifferent constituent systems of the given police department/unit. This literally means nothaving a separate specialised unit, but making all the regular systems be specialised on therespective aspects of child related functions and services they are involved.

3) Having a specialised system (unit/section) that is responsible for some particularlyidentified specialised functions and services and distributing other non-specialisedfunctions and services to all the other component systems of the police department/unit.

As they have their own merits, the relative advantages and disadvantages of the options shouldthoroughly be analysed based on the specific context at hand before the decision is reached.

c) Staffing

Once the structural framework of the system is decided, it becomes possible to havecomplete information about the kind and number of people needed to fill the system. Theprocess of staffing (assigning the needed kind of people) will involve the followingconsiderations.


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Defining the kind and number of people needed based on the person specificationsdeveloped through the job analysis made before,Assessing the possibility of getting such people

Internal source assessmentExternal source assessment� Possibilities within the police institutions� Possibilities out side the police

Determining the recruitment strategy and planRequirement and assignment of the staff

d) Resource Provision

Securing the availability of the resource that are necessary for the effective performance ofthe specialised system is another crucial element of the system capacitating process.

First of all, actions should be taken to identify the kinds and amount of resources neededfor the proper functioning of the unit. Basically, the information that would be derivedfrom the analysis of the tasks can be used as a major indicator of the need.

Generally speaking, the necessary resources will at least include the following:

� Salary (payments) for the professional workers� Additional buildings (construction or rentals)� Equipment and facilities� Working expenses (materials, utilities, services, etc)

Once the types and amount of resources needed are identified then inventory of the existingones would be made to identify the gap that needs to be filled the in future.

Following the description of the future need, all the possible options available to fill thegap will be identified and considered. The options which are often available for this includegovernmental and non-governmental sources. All the possible options and the opportunitiesneed to be identified and thoroughly analysed. Once the possible options are identified,requests should be presented to the concerned decision makers. The request and persuasionof the funding sources or the decision makers should be accompanied by a well-preparedand presented project description and plan.

e) Ensuring and Sustaining the System’s Performance

Having created the specialized system, the focus of the concerned management will shiftfrom the project oriented system creation process to the normal leadership and managerialroles of routine operations. The major aim of the managements’ functions is to enable theperformance of the specialised system be effective and efficient, and sustain sucheffectiveness and capabilities of the system.


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The plans and performances of the specialised unit should be lead and managed as anintegral part of the whole policing plans and performances of the concerned policedepartment/unit. Although all the aspects and functions of police management are relevantand applicable in managing the performance of the specialised system, it may be importantto identify some areas of prior considerations based on the specific contexts and problemsof the system identified through research and experience.

1.3 Staff Training and Development

The capability of the police members in dealing with child related matters is one of themajor determining factors of the level of success in the endeavour of child protection.What so ever the strength of the other necessary aspects of child protection and juvenilejustice endeavours (specialised systems and facilities, legislations and standards, etc), unlessthe police officers that are involved in the activities are not competent enough (aquatintedwith necessary knowledge, skill, and attitude), the initiatives and the objectives of childprotection would not be properly achieved. Therefore, training will be one of the criticalelements of the organisational and managerial issues of concern for the police institutionsand their leaders.

The performance of a given police institution or department in this respect can be measuredby the number or proportion of the police officers who have taken training specificallyrelated to child services and protection; the level of the understanding and attitudes of thepolice officers towards child related matters; the extent to which child rights and childprotection is integrated to the regular police training curricula; the kinds and number ofspecialised training and development programs implemented; etc


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Hint to the Trainer

The aim here is to help the participants have a sufficientunderstanding of the approaches and strategies of continuouslydeveloping the competencies of the police officers concerningchild related functions and services.

Make presentations and facilitate detailed discussions on thekinds, contents, approaches and strategies of training anddeveloping the police officers based on the illustrations providedhereunder. Then after, encourage the participants to do thefollowing activities:

1) Develop categorical classification of police officers based ondifferent variables such as roles, ranks, positions, specialised


1.3.1 Kinds and Contents of Training on Child Matters

As children and their matters have some peculiar characteristics, all the police membersshould be given a specific training concerning child matters. The specific competencyrequirements, however, may differ according to the role each category of the police officersare expected to play. What is expected from the station commanders will definitely differfrom what is expected from a policewoman working in a CPU. Considering the potentialimpact on child matters, those who are at the lower levels (e.g. patrol officers, investigators,traffic officers deployed on road traffic management, etc) have more direct contact withchildren and need to be more trained on the behaviours and skills required in dealing withchildren. The middle level managers have the power to enforce good practice on the groundwhile the senior managers can influence on the overall culture and practices through thepolicy and strategy development.

Therefore, the specific contents of the training to the different groups/categories of thepolice officers should be determined through thorough needs assessment processes.Hereunder, the major kinds of police training and their corresponding contents are brieflydescribed.


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area of policing function, etc, and describe the appropriatekinds, contents and approaches of training for each category.Describe who should be trained on what issues of childrelated matters, and how.

2) List out all the specific types of institutionalised policeeducation and training programs which are running currentlyby all the police education and training institutions/centresthrough out the country. Describe issues of child relatedmatters (specific contents of lesson) that should be integratedto each particular type of education or training programs.

3) Conduct a critical review of the current practices of policetraining and development on child related matters (bothformal and non-formal approaches are taken intoconsideration). Define the critical gaps and the suggestedsolutions.

A summarised list of the detailed contents of this manual as wellas the suggestions of the producer of this manual on about howto make use of the manual (see the introduction chapter at thebeginning of the manual) may be reviewed in the process ofdealing with this lesson.


1) Basic Training

Training all the police officers on the basic aspects and issues of child matters which areexpected to be known by every police member. This is a foundation course on child rightsand child protection and the corresponding roles and responsibilities of the police in general.

The content of such training should, at least, include the following major issues.� Special features and needs of children and the corresponding roles of the police;� Special rights of the children - ‘what’ and ‘why’ of the special rights, and the

implications of such rights to the police.� The governing principles in dealing with the children - legal as well as moral

principles and behavioural standards the police need to adhere to in dealing with allchild related matters and in treating children.

� Fundamental roles and functions of the police - the duty the police has to protectchildren; overview of the preventive and investigative roles and functions of thepolice, care and protection to children at risk, handling of juvenile offenders, etc

2) Specialised Training

In addition to the basic training which addresses the major issues and the general aspectsof child related police roles and functions, each police officer needs to be given a specialisedtraining on the issues and aspects of child matters which are specifically related to his/herparticular roles and responsibilities.

The type and scope (width and depth) of the training content may differ for the differentcategories of the police people depending on the nature of the relationship between theirjobs related roles and child matters. Some categories of the police functions and the peopleengaged on such functions may have a high level of involvement and role in child relatedmatters while the rest may have a minimal level. One category of the police functions maydetermine one aspect of child matters while the other may have a role on other aspects.Therefore, each category of the police should be made to take specialised training on therelevant aspects of child matters to the level that enables them to be technically andattitudinally capable of properly performing their parts.

The training focuses on the specific aspects or functions of the child protection, forinstance:

- Aspects and stages of child development- Child rights- Child abuse investigation- Preventive strategies for the problem of child abuse and delinquency- Treatment of vulnerable and victimised children;- Identification and protection of children at risk- Handling of young offenders- Diversion of young offenders


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- Rehabilitation- Crisis intervention,- Data management- Child interviewing- Family intervention- Counseling and guidance,- Public speaking - Networking and collaboration

3) Refresher Training

This is basically a retraining process of those officers who have gone through one or bothof the above mentioned training programs. The purpose of the training is to update themembers of the police with the emerging issues and/or contemporary aspects of theproblems and the solutions of child abuse and juvenile delinquency. Refresher courses helpto keep crucial information fresh in the minds of the participants and give an opportunityfor the police to discuss the difficulties that they have encountered while implementing whatthey have learned before.

Refresher programs are always important, as the changes and developments on the contextthat can have meaningful implications towards the causal factors, forms, and magnitude ofthe problems as well as the solutions strategies are always apparent. A need for such trainingmay also arise as a result of the identified gaps on the competencies of particular officers.The contents and approaches of the refresher programs will depend on the specific typesof the gaps/needs identified at the specific point of time for a particular group of officers.The content, however, usually includes at least some of the basic aspects or issues of theprevious training as well as the emerging issues/aspects.

1.3.2 Approaches and Strategies of Police Training and Development

There are different approaches to train and develop people: on-the-job training where peopleare made to get training staying on their regular job, or off-the-job approaches that requirespeople to leave their job and move to the training undertakings and to learn by beingseparated from their regular jobs; formal training which involves the designing and deliveryof the structured courses, or non-formal approaches that doesn’t necessarily involveformally designed courses and processes (e.g. coaching, practicing, review ofexperiences/practices, cases analysis, lesson sharing forums, etc); Institutionalised approachwhere the police institution/department provides the learning opportunities, or personalisedapproach where individual officers would look for, find and use self learning opportunities.

All of these alternative approaches and strategies equally apply for the training anddevelopment of the police officers on the matters of child services and protection. For thesake of practical purposes, some of the fundamental approaches and strategies are brieflydescribed below.


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The recruit training is the initial entry-level course given to all the newly recruited policeofficers. The specialised police training programs include varied short term trainingprograms given to the police officers who have come out of the basic recruit training andhave acquired some practical experience of the basic police functions. This courses aims atdeveloping specialised capabilities in specific areas of the police functions, for instance,crime investigation, traffic control and accident investigation, forensic evidences,crowed/riot control, trainers training, etc. The management development programs includethe various forms of regular and specialised courses given to the commissioned officers inorder to develop their leadership competencies.

One major possible approach to train the police officers on child related matters is, thus, tointegrate the issues of child matters to the existing police training programs. This requirescreating an appropriate match between the roles of the graduate/attendants of the specificprograms and the contents of the lessons on child related matters that should beincorporated in the curriculum of that particular training program. The specific contentsthat needs to be integrated to the specific curriculum is determined by analysing the potentialrelationships, roles and functions of the attendants or gradates of the specific program tochildren or to the objectives of child protection. The issues and aspects of the lessons thatshould be incorporated to each specific curriculum must be proved to be relevant andsufficient for the attendants to perform child related roles and functions. It should also beproviding the additional knowledge and skill to the attendants on top of what they havealready acquired through the previous training and practices.

Raising and getting answers for the following kinds of questions will help to achieve theserequirements: How the roles of the attendants/graduates of the specific program will relate to childmatters?

- What specific roles and functions do the attendants/graduates of the specificprogram have with regard to children?

- How do the new roles and functions differ from what they have been doing before?

- What have they already been taught and experienced about child related issues?

- What are the gaps identified or are believed to exist on their current competenciesagainst the roles and functions related to child matters they are going to assumeafter the training?

- What issues of learning should be included in the training so as to fill the gap?

b) Designing separate training programs

Another alternative, but not mutually exclusive, option is to prepare and provide separatetraining programs on the issues of child related matters in particular. This can be aspecialised or refresher training on one or more aspects of child protection functions andservices.

This option is appropriate in cases where the attendants of the specific training areparticularly assigned to child related functions, e.g. CPU staff, child abuse investigators, etcor when the subject matter of the training is unique to child related matters and is found


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not to be appropriate to be integrated to other police training programs, or when the issueof the training is of high priority area which requires to be addressed separately.

c) Other non-formal strategies that support training and development

Training the police officers by itself cannot be a complete solution to improve the policeattitudes and practices in relation to child protection. It is only a part of an overall strategyto reach such an end. The impact fullness of the training is dependent on many other factorsthan the training it self. Other elements of the overall strategy of building the officersattitudes and competencies includes the following

Official validation of all the police training programs, materials and manuals on childrelated matters by the concerned police authorities. Making training on child relatedmatters compulsory and/or linked to promotion;

Distribution of the legal documents containing valuable information about childrights, protection and services, for instance CRC, Constitution, Criminal Code,Criminal Procedure Codes, Family Law, and other relevant materials as identified bythe specific needs analysis.

Supporting the trained officers in their daily work by providing helpful information(e.g. production and distribution of information, education and sensitization materials(leaflets, pocket handbooks, posters, etc); acquisition, preparation and provision ofmultimedia resources containing the required information) as well as technicalassistances and the necessary resources.

Having regular and continuous information exchange opportunities such asorientation, discussion, experience sharing, evaluation and review, etc programs.

Encouraging self learning: Raising awareness on the importance and approaches ofself development, facilitation and assistance for self learning processes, recognitionand reward for the achievements on self development,

Encouraging the application of learned capabilities through specifically designedschemes like special award, recognition of good practices, etc;

Convincing senior officers that child protection and juvenile justice is a priority issue;ensuring support from the highest level; lobbying for better gender balance in thepolice; Senior officers who make decisions should be made to attend trainingprogrammes personally rather than send delegates;

Advocacy and raising awareness among the police leaders to ensure that the skillslearned are put into practice sustained and developed through experience;communicate with the station commanders to ensure that a child-friendlyenvironment is being promoted within the station, and that the police who haveattended the training are being supported in implementing what they have learned.

Target attitudinal change at individuals who are identified as particularly obstructivein cases of difficulty;

Enhancing formal collaboration and joint participation of police NGOs in theprocess of the police training;


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Having some training programs together with other bodies in the juvenile justicesystem as well as with the professionals working on children in order to ensure betterco-ordination and integration;

Having experience sharing programs with other police institutions (local as well asforeign), departments and units.


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Child protection should be an institutionalised role andduty of the police.

Making child services and child protection become an established customor an accepted part of the structure and functions of the entire policeinstitution/department is the most decisive precondition to satisfactorilyexecute the roles and duties of the police in protecting children. Thestandardisation of the child related functions, the creation and maintenanceof specialised systems and training and the development of the policeofficers are the major strategies that predominantly help to get childprotection a fully institutionalised function of the police.

Standardisation of the police roles, functions, andprocesses of child protection is one of the priority issues tosucceed in the endeavors of child protection.

Having well designed child service standards that guide the processes of allthe child-related functions would have significant practical benefits. Thespecific example of the benefits include clarity of roles and processes;enhanced accountabilities and legal backing; improved collaboration andintegration of efforts; ease of evaluation, review and improvement; etc.The aspects of the standardisation should at least cover the functions,relationships, organisational framework, and operational principles andprocedures. Such standards are required to be complete/comprehensive;consistent and integrated with each other and other applicable laws, policiesand principles; well communicated to, understood & accepted by all theconcerned; and fully practiced/implemented.

Summaryand

Key Learning Points



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Having specialised systems to do specialised functionsand give specialised services is of more practical benefitsthan otherwise.

As children need specialised attention and services, successfulaccomplishment of child protection involves specialised functions andservices. Thus, having specialised systems comprising of specialisedpersonnel, resources, and tools is an imperative precondition. The processof establishing such systems basically involves job analysis, setting upstructural frameworks, staffing and resourcing.

All the police officers should be made to attend the basicand specialised training on the aspects of child relatedwork they are involved to.

Without having a sufficient staff equipped with the appropriate kind andlevel of attitudinal and technical competencies, a successfulaccomplishment of child protection is not thinkable. Therefore, continuoustraining and development of the police officers is another imperative aspectof the preconditions. The possible approaches and strategies of thetraining and development include integration to all the police trainingcurricula, designing and providing specialised training, and creating andfacilitating on-the-job learning and development opportunities



Besides fulfilling the fundamental preconditions for the effective executionof the police roles and duties of child protection, which is addressed in thepreceding lesson, leading and controlling the practical processes of childprotection functions is another major aspect of the managerial roles. Thelatter will be the subject matter of this lesson.

The major aspects of the police operational functions include preventivestrategies and programs, investigation processes, patrol and supervisionservices, treatment of children in difficult circumstances, and handling ofchild offenders. (Module 5, 6, and 7 can be referred for more details aboutthese functions).

The police officers with leadership/managerial roles are responsible toensure that such functions are properly executed and the intended resultsare achieved. The roles the leading officers should play involve variousactivities that are classified into two major facets: leadership and controlof internal processes and networking with other stakeholders andcollaborators. The detailed aspects and processes of such roles are thesubjects of learning in this part of the module.

Leadership and Control ofChild Protection Functions

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Learning Outcomes

The lesson generally aims at building capacities of the participants to effectively lead andcontrol the functions and services of child protection in their respective policedepartments/units. In completions of the learning topics within the lesson, the participantsshould specifically be able to:

1) Describe the duties of the police leaders in the processes of planning andimplementing child protection functions,

2) Explain the process of planning various strategic and routine activities of childprotection;

3) Define the roles of leadership during the process of implementing childprotection plans and functions;

4) Identify the kinds, sources, and methods of obtaining the information required tomonitor and evaluate the performances of the units, groups or individuals whoare involved in the implementation of the various functions and activities of childprotection;

5) Design tools that help to obtain feedback from the different sources concerningthe performances of the groups or individual officers involved in child protectionfunctions;

6) Identify the possible options of rewarding performances towards child protection;

7) Determine the specific objectives and the expected ultimate effects/impacts of thevarious strategies and functions of child protection;

8) Discuss the parameters and processes of assessing the preventive and investigativeperformances of the police;

9) Explain the purpose, process, and issues of networking and collaboration in theendeavours of child protection,

10) Identify agencies to network and collaborate with in their respective communities;

11) Establish and maintain an effective networking and collaboration with theconcerned agencies;

2.1 Planning and Monitoring Child Protection Functions

The police managers/leaders at different hierarchical levels are responsible to make surethat the necessary and realizable long-term strategies, annual plans, special projects, andwork schedules with regard to child protection and delinquency prevention are prepared,implemented, and the required results are achieved. The detailed approaches and processesthe leaders should go through to ensure these are addressed hereunder.


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Lesson 2

Hint to the Trainer

The aim here is to help the participants have a clearunderstanding of the duty they have as leaders/managers for theplanning, implementation and evaluation of the functions ofchild protection and build the competencies required from themaccordingly. Please note that it needs to review back to thelessons in Module 4, 5 & 6 to enable an effective learning here.

First, give lecture and facilitate detailed discussion on the generalroles of the leaders in the process of planning ad implementingchild protection activities based on the notes bellow as well asyour own expertise. Then after, encourage the participants to dothe following activities:

1) Identify some common types of child protectionprograms/projects as well as routine operations whichneed planned processes and describe (a) how the detailedplans of such activities are developed - consideration,objectives, process, roles and responsibilities, etc areaddressed; (b) who does what in the planning process, (c)how much share the leaders at the different hierarchicallevels take in the process, etc

2) Describe (a) how they go about to make a continuousfollow-up/monitoring of the implementation process ofeach program/project and operation (tools, sources,methods, etc are described in detail); (b) how would theywould help the officers to maximise the learning fromthe process; (c) what kinds of supports may be neededfrom them and how they would provide the supports;(d1) what types of problems may arise in theimplementation process, (d2) how would they checkwhether such problems are arising, and (d3) how wouldthey solve the problems; (e) how would they appraise andrate the performances of the groups and/or individualsinvolved in the implementation process - the kinds ofinformation needed, sources and methods of obtaining



2.1.1 Strategic and Operational Planning

There are varieties of strategic and operational functions the police have to do with regardto child protection objectives which need to follow a conventional planning process. Theyneed to develop preventive strategies that may involve various programs/projects likeeducation/sensitisation, rehabilitation, reintegration, and the various forms of support(economic, schooling, psychosocial, etc) for children who are specifically identified to beunder high risk of abuse or offence. The effective execution of the major police operationalfunctions, for instance, patrol and supervision, protection of children at risk, casemanagement, data/information management, and even treatment of the victims also requirea planned approach.

It is the primary responsibility of the concerned police leaders (officers in command of theparticular police department or unit) to ensure that such plans are present; the process offormulating the plans as well as their contents are up to the standard; and sufficient resourcesare identified and secured for their implementation. It is of a prime importance for theleaders to make sure that the planed activities and the corresponding resource requirementsare properly addressed during the processes of estimating, requesting and endorsement ofthe yearly budgets.

More specifically, those on the top of the leadership echelons of a given policedepartment/unit are personally responsible to develop strategic plans concerning the


the information, etc are addressed, and the tools thathelp to obtain the information from the various sourcesthrough the various methods may also designed; (f) howwould they reward those who performed good andthose who did not perform satisfactorily - list of thepossible positive and negative rewards they can considergiven their specific context are clearly outlined..

3) Determine the specific impacts of programs/projectsthat are identified above in accordance to question 1, andhow they go to check/assess whether such impacts areachieved or not.

The lessons can be addressed as one lesson topic or as threeseparate lesson topics as the case at hand might require. In caseswhere the lessons are of high priority for the specific group ofattendants, the attendants have no sufficient prior learning andcompetencies on the topical issues, and time allows, dealing withthem as separate lessons is more suggested.

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department/unit. They can do this by being based on the strategic plan developed at thehigher managerial or organisational levels of the corresponding department/unit, if thereis any. Even if there is such strategy developed at the higher or entireinstitutional/departmental level, the concerned leaders at any level should develop one fortheir division or unit as they will not be exempted from the responsibility. In doing so, thetop-level leaders may use a team to be headed by him/herself for the technical process ofplanning. The involvement of all concerned internal and external bodies is also always auniversal rule.

Developing detailed plan of actions that covers a specified short term period (for instanceweakly, monthly, and quarterly plans) for the implementation of the strategy designed atthe upper level is mainly the responsibility of the middle and lower level leaders in the givenpolice department/unit. The duty to develop daily plans (e.g. ‘to do’ list) of strategy-basedactivities as well as the routine operations is basically that of the individual officers whodirectly execute the activities. However, the leaders are still responsible to make sure thatsuch plans are developed by each concerned officer.

2.1.2 Process Monitoring and Support

This is about leading and controlling the implementation of the child protection activitiesand procedures in every day policing routines. The roles the leaders should play during theimplementation process of the planned activities as well as the execution of routineoperations basically include continuous monitoring, process support, feedback anddiscussions, reinforcing positive performances, and review and improvement. The detailedprocesses of such key functions are briefly described bellow.

Continuous follow-up/monitoring

Continuously following up the implementation/execution processes of the plannedprograms as well as the routine operations of child protection is one primary role of theleaders. This requires gathering, documenting, and organizing all the performance relatedinformation. The method for collecting the relevant information may include:

Physical observation and involvementPeriodic report and reviewFormal and informal discussionsStakeholders or collaborators feedback;Critical incident records;Record and statistical report;

Some of the major issues of prime considerations during the follow-up process include:Identifying the programs/projects or key stage activities accomplished; Measuring the results (intermediate as well as ultimate) that are achieved, Assessing the behaviours seen from the officers involved; Ensuring that complete records of cases in which children have been involved are kept,


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Checking that all the standards (legal and operational) are met; etcReceiving feedbacks about the manner in which the officers are handling childrenand their cases.

The monitoring process involves a continuous as well as periodic exchange of informationand feedback among the leading and the being led officers. In practice, a continuousexchange and feedback will happen in day-to-day communications/discussions between theleader and the subordinate or executor in an informal or semi-formal way, or through aseries of interim review meetings evenly spaced over the plan period.

Provision of support

Continuously providing the executing officers with what they need to do well is anotheraspect of the fundamental roles of the leaders. Accordingly, an ongoing process supportshould be provided in continuous basis through coaching and counseling, working togetheras well as the provision of the facilities, resources and information necessary to meet theexpectations.

Problem solving

The existence of performances that are under the expectations is likely for many reasons.It may be a result of inadequate leadership, bad management or defective systems of work,and if so, remedies (often involving learning and development) should be put in place. Theleading police officers should be able to ensure that the emerging problems are identifiedand the remedies are given continuously through out the implementation period. Whenproblems arise, the leaders together with the concerned exuting officers should make analysisof the problem, establish the reasons for the problem, decide and agree the solutionmeasures to be taken.

Plan and process review and improvement:

Based on the observed results and changes in the context, the strategic and operationalplans are reviewed (improved, amended, added, reduced, etc). If other options of improvingperformance to the extent of achieving the targets would not work, or when what ishindering the achievement of the targets is not related with the officer’s competencies andcommitment, then it becomes necessary and acceptable to adjust the plans, procedures,standards and targets.

Helping the officers to learn through practice:

Enabling deliberate learning from experience: learning from the problems, challenges, andsuccesses inherited in people’s day-to-day activity. Thus, the officers need to be encouragedto reflect on what they have done, how they have done it, and draw conclusions/lessons onwhat they need to consider if they have to do the same or similar kinds of activities.

Appraisal and rating of performances:

Performance appraisal and rating is the process of determining how good the level ofaccomplishment (performance) of a given officer/group is by evaluating an officer’s or a


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group’s performance against the preset standards, and is the determination of a summaryrating records. This is done in completion of the implementation process and basis on thework performed during the entire period of a given plan. The outcomes of the appraisal andrating will serve as an input for further development of the officers as well as otheradministrative decisions.

Rewarding:

Ensuring motivation and commitment of the subordinate officers involved in childprotection activities is another curtail role of the leading officers. A basic principle ofeffective management is that all behaviour is controlled by its consequences. Thoseconsequences can and should be both formal and informal and both positive and negative.Accordingly, rewarding is one major component of the performance managementendeavors and positive rewards are applied to reinforce satisfactory performances whilenegative rewards are applied to discourage unsatisfactory performance.

2.1.3 Impact Assessment and Review

Another major aspect of the operational roles of the police leaders is to conduct periodicassessment of the results/effects of the solution measures implemented - the specialprograms/projects as well as routine operations. The prime focus here should be on theassessment of the ultimate effect of the over all endeavours of child protection in total,which is commonly known as ‘impact assessment’. Such assessment enables to checkwhether the intended effects are being achieved or not. Based on the findings from thisassessment, the entire strategies, plans and processes are reviewed for their appropriatenessand effectiveness, and lessons that help for the future endeavours are derived.

Ultimate indicators of effective police performance

� Reduced rate (or size) of the incidents of child abuse and juvenile delinquency,� Minimised consequences of the problem of child abuse and juvenile delinquency, � Reduced level of police mishandling and maltreatment of children and their cases� Enhanced level of special attention of the police and other justice sectors for the

crimes committed against children� Increased courage and empowerment of children to come to the police defending

their rights even against their family.� Decline in the number of children detained in the police stations � Increased number of cases of abuse reported to the police � Reduced concern and fear of the public

The changes seen in accordance to these indicators of the police performance can bedetermined through a careful analysis of the relevant qualitative and quantitativeinformation. Hereunder are the most common parameters of the police performanceindicators that need to be assessed to check for the impacts of the measures taken.


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1) Preventive performance indicators and measures


INDICATORS MEASURES MEANS/TOOL

Offence andOffender rates

Absolute number

Statistics

Growth rate

Victimisation rate

Offender ratio

Consequences

Death

Injury

Financial estimate of property loss

Service quality

Response/reaction rate and speed

Statistics or opinionsurveyDetection rate (proportion of

abuses/offences that the policedetected able to stop)

Public satisfaction rate

Opinion survey

Stakeholders satisfaction

Public concern andfear

Magnitude of the fear and lack ofconfidence in the public Opinion survey

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2) Investigative performance indicators and measures

Investigative performances could be assessed through the effectiveness, efficiency, andquality of the process. The specific indicators and measures include the following.

Case clearance rate:

The percentage of abuses or offences solved from the total cases that came to the attentionof the police department, unit, or individual. The important data that help to measure thisinclude: the number of cases reported/recorded, number of cases on process (started to beinvestigated), number of cases completed in given period and the number of cases that hasfailed.

Case clearance speed:

The number of cases cleared in a given period of time against a standard efficiencyrequirement taking the nature of the cases, number of investigators involved, etc underconsideration

Arrest Rate:

This could be measured by the number/proportion of cases whose offenders are arrestedand the proportion of hidden cases where the suspected offenders are identified andarrested through the investigation and follow-up process.

Acceptance Rate:

This could be measured by using the following specific parameters. - Prosecution rate – proportion of cases accepted by prosecutors - Frequency of denial and corrections made by prosecutors’- Proportions of sentenced cases- Levels of sentences passed

2.2 Networking and Collaboration

The protection of children and prevention of juvenile delinquency calls for a multi-disciplinary activity that requires the involvement of the various public and privateorganisations. In addition to the organisations/institutions having concern, the generalcommunity is another most important stakeholder. Therefore, establishing and maintainingeffective networks and collaborations with all the concerned external agencies is one of themost important factors for the success of the concerned police department/unit. ModuleFive, lesson 1.2.3 may be referred for more information besides what is explained hereunder.

2.2.1 Importance and Process of Networking and Collaboration

Performance of the police as a single element considered separately cannot be capable ofachieving the ultimate objectives of child protection functions. The level of the success in


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achieving the ultimate objective of child protection endeavours in general depends more onthe level and quality of the integrated efforts of all the involved parties. Nevertheless, thequality of the service being rendered by the police directly or indirectly determines theothers performance and vice versa.


Hint to the Trainer

The aim here is to help the participants to deeplyunderstand the importance and processes of effectivenetworking and collaboration for the successful childprotection.

Give lecture and facilitate a detailed discussion on thereason why networking and collaboration becomesimperative in the endeavour towards child protection aswell as the general processes of establishing andmaintaining effective networking and partnership.

Then after, encourage the participants to do thefollowing activities:

1) Identify the potential collaborators in theirrespective communities and develop the detaileddescription of the issues and approaches ofcollaboration and working with each agency;

2) Describe the strategies they would follow toestablish and maintain effective partnership witheach specific collaborator.

The police are in the centre of the multidisciplinary agencies. Especially in case tof theactors in the justice system, the place of the police is of great significance. As the police isthe first point of contact by the children with the criminal justice system, the children’sexperience with the police will determine their view of the system as a whole and theperformance of the police will significantly affect the ultimate effect/outcome of the justiceprocess.

Thus, police assumes the major share of responsibility for the co-ordination and integrationof the efforts of all the agencies. Accordingly, the concerned leaders of the police

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units/departments are required to establish a more formal network made up of therepresentatives of each sector of the juvenile justice system and other collaborators, and toactively network with other station commanders or police departments to exchangeinformation, ideas, good practices, etc.

The basic steps of activities the police leaders should follow include the following

Identifying the bodies involved in the activities that entail child rights and protection- and the roles they play and the services they provide.

Specifically identifying the key actors in the process of child protection and justiceinvolving children,

Developing a relationship map among the different actors in the justice process fromthe beginning to the end of a case involving a child as an offender as well as a victim.

Facility or service mapping:- where children can be referred to social, medical, legal,welfare, or other support, or from where the police can seek support in the process;

Outlining how the police are connected to others in the network/system/process.

Ensuring that each actor in the system understands the others: existence, purposes,functions, capabilities, relationship, expectations, etc,

Designing and implementing the networking strategies. This mainly involves decidingthe aspects or issues of collaboration, describing the approaches and procedures ofworking together, formulating/designing the systems and tools that facilitate theprocess of collaboration, etc

2.2.2 Agencies to Network with and the Roles they Play

Hereunder are the major agencies which are commonly involved in the process of juvenilejustice and the respective roles they usually play in the process; developed based on theexperiences of the CPUs in Addis Ababa city.


INSTITUTION ROLES THEY PLAY

Police

l Information development and provision,l Protective services, l Enforcement and Investigation,l Facilitation of the collaborative process,

Hospitals

l Medical treatment,l Counselling service,l Age determination,l Medical evidence,

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Courtsl Child friendly benches, l Juvenile desks, l Speedy justice,

Community structuresand associations(Kebeles, Idirs, etc)

l Provision of infrastructures and resources,l Facilitation of the access to the community - liaisonl Community sensitization and campaigning,l Information on children and families;

Community basedcommittees

l Liaise between the CPU and the community, l Undertake a serious of awareness creation programs

for the members of the institutions they represent,on the problems of juvenile delinquency, streetchildren, child abuse and exploitation, and theexpected roles of the institution and its members,

l Facilitate enrolment of potential delinquents, highrisk children and children who has committed minoroffences to the community based correction centres,

l Support young volunteers in giving advice to thebeneficiaries and their families and make follow upof the different activities of the bodies theyrepresent.

Civic associations(Women, youth, etc)

l Volunteer services,l Community sensitization and campaigning,l Information on children and families,

Schools

l Behavioral modification of children in the diversionprocess

l Awareness raising through different clubs, inviting thepolice and NGO specialist,

l Feedback on the school performances of childrenunder the diversion program, etc

Religious associations l Community sensitization,l Counseling and behavioral therapy,

Elders and communityleaders

l Advising young offenders,l Reconciliation,l Mobilization of the community members,l Liaise between the CPU and the communities,

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2.2.3 Approaches to Establish and Maintain Effective Partnership

The police leaders should also be able to find ways of maintaining effective and sustainablerelationships and collaboration. There can be various approaches that can be considered toachieve this. The following are examples of the approaches followed by the CPUs in AddisAbaba city and are claimed to be of much help.

Establishment and use of multi-sectoral committeeA multi sector committee composed of the representatives from the Supreme Court, theprosecutor’s office, City Administration’s Police Commission, City Administration’s Laborand Social Affairs Bureau, City’s Administrations Institute for Juvenile Correction, the BlackLion Hospital, and FSCE was established to support the child protection program.

Community based committees Wherever there are CPUs, there is one such committee. Such committees are formed fromsenior people drawn from the religious institutions, self help associations (Idir), women andyouth associations, school communities, elders and community counsellors and leaders.Though the size of the committee varies from one to another Sub-city, it is averaged to beabout 15 in every Sub-city. Its internal structure constitutes different teams focusing ondifferent aspects of the Committee’s roles

Common ForumsHaving continuous and regular sessions of discussion and experience sharing among all thestakeholders involved. Conducting workshops and training programs that involve therepresentatives of the different stakeholders combined together. Facilitate exchange visitsto intra-different stakeholders.

Continuous Sensitization:Continuous sensitization programs for the institutions and communities whom thestakeholders represent on the importance and process of collaboration, actual and potentialcollaborative initiatives as well as the contemporary state of the problems of child abuse andjuvenile delinquency within the respective community.



Businesses l Apprenticeship and job opportunity provision,l Material and financial assistance

Varied NGOs

l Financial and technical assistances,l Orphanage services, l Drop in centers, l Feeding centres,

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Operational leadership and control is one of the mostprincipal roles of the leading police officers.

Moreover to ensuring the fulfillment of the fundamental preconditions toinstitutionalise the police roles and duties of child protection in theirrespective police departments, the police officers on the managerialpositions are primarily responsible to lead and control both the strategicand routine activities of child protection within the department. Thisbasically involves planning, monitoring and evaluation of internaloperations in one side, and networking and collaborating with otherconcerned agencies in the area, on another side.

Leading officers are primarily responsible for ensuringthat the formalised plans for child related functions andservices are present in their respective police department.

Summaryand

Key Learning Points

Working togetherCreating systems and opportunities where different agencies or their representatives dothings by being together. Practical examples include the social workers and police officersworking together in the CPUs under the police stations; communityrepresentatives/volunteers, police officers, social workers, schools, etc working together inthe community based correction centres, etc.

The parameters that help to measure the level of achievement with this respect may include:

� Number or proportion of agencies included in the network,� Number and scale of collaborative project/programs, functions, or services running

or accomplished;� Level of the strength and effectiveness of the relationships maintained; � The scale and satisfactoriness of the roles the police are playing in the networking

and collaboration process;


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All the functions and services of child protection should be done in aplanned manner as much as possible. The leading police officers personallytake up a forefront duty for the development of strategic plans. They arealso responsible to ensure that the operational plans are developed by allother involved subordinate officers. This may involve, besides requiringthem to develop the plans, capacitating and supporting the subordinateofficers to do so.

The level of success of a given police department in theendeavours of child protection is determined by the levelof contribution the leading officers could be able to makein the process of implementing the functions.

The presence of an appropriate plan of actions by itself cannot ensureultimate success. It is the proper implementation of the planned activitiesthat becomes the most decisive factor for the success. The leading officersare expected to support the implementation process through the creationof the necessary systems and capabilities; provision of the neededresources and expertise; directing, coaching and counselling in the process;solving emerging problems together with the concerned subordinates;continuously reviewing the contextual factors, plans, processes, and theintermediate results; etc. Accordingly, the level of success in theimplementation of the planed activities is still more dependent on theleader’s performance than the subordinates who directly execute them.

Performance appraisal is one of the fundamental roles ofthe leading officers to ensure the successfulaccomplishment of the child protection functions.

Appraising and rewarding performances is one of the most popular toolsthat help to ensure commitment from the people. The detailed functionsand processes of performance appraisal include determining performancestandards (elements, measures, targets, etc for instance); continuouslyfollowing-up, monitoring, and supporting performances; periodically ratingand reviewing performances; rewarding successful performances; andfinally assessing the ultimate effects of the entire endeavours. The basicparameters of performance appraisal in child protection include thebehaviours and competencies of the police officers; the scale of theprograms/projects and activities accomplished and the level of

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achievement in their respective targets; and the impacts seen in reducing themagnitude of the problem of child abuse and delinquency. The sourcesand strategies that help to get a valuable information for the appraisalprocess include records and statistical data in the concerned policedepartment/unit; stakeholders feedback; supervisors records of follow-upinformation and critical incidences; feedback from the fellow officers;performance inspection reports; reports of the independent bodies such asthe media, child rights activists; etc.

Police, performing alone, cannot be capable of achievingthe ultimate objectives of child protection functions.

Success in child protection requires working with and getting the assistancesfrom many other agencies and community elements. Without the actors inthe system acting together in an integrated and collaborated manner, theendeavours will not be effective. Thus, each should be aware and cognizantof the others existence, roles and expectations and should support eachother. Ensuring such is one of the fundamental roles of the police officersthat lead the police departments/units. Accordingly, the leading policeofficers should be able to get to know and network with all the concernedagencies around the respective police department; initiate and facilitatecollaborations; and maintain and develop effective relationships.

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