1 providing robust data to support evidence based policies for child friendly justice
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Providing robust data to support evidence
based policies
for child friendly justice
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Child friendly justice means…
That decisions are made about children in a way that respects their rights,
That decisions are made quickly, taking the child’s age and needs into account,
That all children are treated equally regardless of their ethnic background, religion, language or disability, etc.,
That children’s views are taken seriously, That their privacy is respected, and That they can complain, if they are not treated fairly
CoE Guidelines on Child Friendly Justice
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The EU’s Agenda for the Rights of the Child…
Making justice systems in the EU more child-friendly:Child rights (Charter Article 24) => part of the Commission’s regular "fundamental rights check" for draft EU legislationEU legal competence => high practical relevance
– Revising EU legislation facilitating recognition and enforcement of decisions on parental responsibility
– Proposal for Directive on victims’ rights raising level of protection – Proposal for Directive on special safeguards for suspected or
accused persons who are vulnerable, including children;– Supporting training for judges and professionals on child
participation in judicial systems;– Taking the CoE Guidelines into account in future legal instruments
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The FRA‘ s contribution...
2009 – child rights indicators to measure how child rights are respected, protected, promoted and fulfilled in the EU
Guiding data collection to support evidence-based policy making => 2009 – Report on child trafficking => 2010 – Report on separated, asylum-seeking children => 2012 – Fieldwork research on child friendly justice (interviews
with practitioners in civil & administrative judicial and mediation procedures)
=> 2013 + Fieldwork research engaging directly with children on their experiences with judicial/mediation procedures
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Criteria: UN CRC – EU competence – policy relevance Child rights indicators ↔ child well-being indicators Multi-layered consultation with experts, stakeholders, NGOs ‘Roadmap approach’ – tracking progressive achievement of
standards, rather than only monitoring infractions
+ Accommodating diversity (e. g. age, gender, disability, ethnicity, socio-economic situation, etc.)
+ Identifying ‘good practice’ in current MS monitoring
Aim to support development of policy responses
Developing and refining indicators...
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‘Rights holders’ and ‘Duty bearers’
Traditionally human rights monitoring focuses on ‘duty bearers’ actions to respect, protect, and fulfill rights…
2006 OHCHR conceptual and methodological indicator framework:– Structural + process + outcome indicators– Assessing steps taken from commitments and acceptance of human
rights standards (structural indicators) to efforts made to meet obligations flowing from the standards (process indicators) and on to the actual results of those efforts (outcome indicators)
FRA indicators assess both how ‘duty bearers’ fulfill their duties and how ‘rights holders’ experience fulfillment of their rights => impact of legislation and policy ‘on the ground’
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STRUCTURAL INDICATORS
PROCESS INDICATORS
OUTCOME INDICATORS
Non-discrimination For example…Legal obligation to secure the non-discriminatory treatment of children with specific protection and assistance to the more vulnerable children
Legal obligation affording equal status to children born outside of wedlock (ex. relating to contact with non-custodial parent; right to maintenance, etc.)
Non-discrimination For example…Availability of special support measures and services to ensure the rights of more vulnerable children, such as migrants, children with disabilities, Roma children, etc.
Non-discrimination For example…Number of children in civil or administrative justice processes disaggregated by age, sex, national and ethnic origin, special needs, etc.
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STRUCTURAL INDICATORS
PROCESS INDICATORS
OUTCOME INDICATORS
Right to be heard For example…Legal obligation to respect the right of children to be heard in all matters that affect them, in cases of cross-national divorce and parental separation, including by consulting directly with them
Right to be heard For example…Existence of specialist training in child consultation for legal practitioners adapted to the diverse needs (linguistic, age, disability, cultural) of children
Right to be heard For example…Proportion of children in civil / administrative judicial procedures where the child’s opinion was considered
Proportion of child custody cases in which the child’s opinion was considered in determining custody
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STRUCTURAL INDICATORS
PROCESS INDICATORS
OUTCOME INDICATORS
Right to information
For example…Legal obligation to inform children promptly and adequately:-of their rights with regard to judicial or non-judicial proceedings and remedies, -of support mechanisms, and protective measures, -of the consequences of proceedings, their general progress and outcome -of mechanisms for decision review
Right to information
For example…Publications about legal norms, proceedings and remedies in child-friendly versionsExistence of information services, e.g. websites and help-lines, providing legal advice and information to children, adapted to age and maturityExistence of mechanisms which facilitate the explanation and understanding of procedures and court rulings for children
Right to information For example…Number of children that have used publications on existing norms and proceduresNumber of website visits and help-line requests by children of these specialised servicesProportion of children non-native language speakers benefiting from translation services at legal and administrative proceedings
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Populating the indicators: what data is needed...(disaggregation by gender, age, nationality, migration status, ethnicity, etc.)
1. Key information on law and policy, for example: – On representation (by whom and at what stage of the proceedings)
– On receiving information in a child-friendly manner
– On opportunities to exercise their right to be heard Including important ‘good practices’
2. Key statistical data, for example:– Number and age of children in judicial and mediation proceedings
– Average duration of legal proceedings involving children
– Availability and use of legal representation and legal aid Identifying important ‘data gaps’
– Key survey data, for example:– Children’s experiences from judicial and mediation proceedings
– Legal practitioners experiences from judicial and mediation proceedings
2. Impact on the ground ‘on the ground’
