CBSS; Expert Group for Cooperation of Children at Risk, Stockholm, January 2014

Children exposed to exploitation, trafficking and at risk in transnational situations:

Case Assessment and Best Interest Determination

Bragi Gudbrandsson, Gen. Director

The Government Agency for Child Protection, Iceland

Introduction

• What requirements are stipulated by international law and other tools with regard to transnational cases of exploitation, trafficking and children at risk?

• The case for the „Barnahus-model“ response

Trauma and re-traumatization

1. Children moving across boarders, victims of trafficking, exploitation or at risk are (probably) already traumatized

2. Danger of re-traumatization derives from multi-sectoral response if interventions are not co-ordinated in a child-friendly manner

UN CRC on child victimization

• Article 39“States Parties shall take all

appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of.. any form of neglect, exploitation, or abuse…”

UN CRC on revictimization

• Article 3.1“In all actions concerning

children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration”

UN Guidelines on Justice in Matters involving Child Victims and Witnesses

of Crime (2005)

• Professional should develop and implement comprehensive and specially tailored interventions in cases where there are risks that the victim may be victimised further. These strategies… should take into account the nature of the victimization .. including sexual exploitation and trafficking.. (Art. 39)

The CoE Lanzarote Convention on the Prevention of Children Against Sexual Exploitation and Sexual Abuse

(2010)• Comprehensive in terms of criminal law

as it addresses all forms of sexual exploitation including:– child pornography, – prostitution, – trafficking, – grooming, – abuse in the circle of trust

The Lanzarote ConventionComprehensive in terms of strategies and measures, including:– prevention, –special protective measures –therapautic services for victims, their families–treatment for child offenders, –child-friendly investigations and prosecution, –recording and storing of data on sex offenders, –international cooperation–monitoring

The Lanzarote Convention;

Principles of Multidisciplinary Approach

• Prevention: “to ensure the co-ordination on a national or local level between the different agencies”(Art. 10.1)

• Protection/Intervention: “Each Party shall establish effective social programs and set up multidisciplinary structures to provide the necessary support for victims, their close relatives and for any person

who is responsible for their care” (Art. 11.1) And “the development of partnerships or other forms of co-operation between the competent authorities” (Art. 15.2)

• Investigation/Prosecution: Principles and General Measures of Protection (Art. 30 and 31)

Multiageny response in CoE Standard setting

• Guidelines on Child friendly justice recommends:

• MS to “set up child-friendly, multi-agency and interdisciplinary centers for child victims and witnesses where children could be interviewed and medically examined for forensic purposes, comprehensively assessed and receive all relevant therapeutic services from appropriate professionals”

• Rec(2011)12 on Children´s Rights and Social Services.

• Congress of Regional and Local Authorities Strategy against Child Sexual Exploitation and Sexual Abuse

The Organization of Child ProtectionServices in Iceland

Ministry of Social Affairs

Government Agency ForChild Protection

Child ProtectionAppeal

Committee

STATETreatment Services for

Children and YouthFoster Care

Services

Child Protection Committees

Departments of Social Services

LocalAuthorities

General SocialServices

LOCALAUTHORITIES

Cooperationschool, health care authorities, police

a.o.

Children’s House (Barnahus)

The JudicialSystem

Mission of the Barnahus• To facilitate collaboration and

coordination of the CPS, Police, Prosecution and the Medical profession in the investigation of child sexual abuse

• To provide a child friendly settings for joint investigative interviews and medical examination

• To ensure professional implementation of investigative interviews

The Mission of the Barnahus

• To ensure that the child victim and his/her family receives appropriate assessment, treatment and support

• To establish professional work practices and guidelines by interdisciplinary cooperation

• To enhance specialized knowledge on child sexual abuse and to mediate that knowledges as appropriate to prefessionals and the public alike

• To prevent re-victimization of the child

Children´s House

Medical Exams and Evaluation

Joint Investigative Interviews

Victim

Therapy

Family Counselling/

Support

Education, Training and

Research

Networking Local/ National

The growth of the Barnahus approach

• The identification of Children´s House/Iceland as the “Best Practice” model in Save the Children Europe study of 10 countries: Child Abuse and Adult Justice in 2002

• The opening of the first Children´s House in Sweden, Linköping 2005. Approx. 30 settings at present

• The ISPCAN Multidisciplinary Award in 2006• The first Childen House in Norway opened in 2007. 10

settings at present.• Five Children Houses opened in Denmark in October

2013• Finland and Lithuania have already decided on a pilot,

growing interst in Estonia, Latvia and Poland