reforms for justice for children: a case study of belize legal and institutional reform in belize:...

Reforms for Justice for Children: Reforms for Justice for Children:

A Case Study of BelizeA Case Study of Belize

Legal and Institutional Reform in Belize: Legal and Institutional Reform in Belize: Strengthening Child Protection SystemsStrengthening Child Protection Systems

Presented byPresented byMargaret NicholasMargaret Nicholas

Director, Belize Family CourtDirector, Belize Family Court


A Case Study of BelizeA Case Study of Belize The wind of change began in 1990The wind of change began in 1990

Belize 5Belize 5thth Country to sign the CRC Country to sign the CRC

Belize Family Court NOPCAN NCFCFamily Services Division- Department of Human Dev Dept.Domestic Violence Unit within the Police DepartmentStrong Joint Advocacy for Legal and Institutional reform by UNICEF, NOPAN, NCFC, MHD


A Case Study of BelizeA Case Study of Belize Phase 1: Drafting of the Families and Phase 1: Drafting of the Families and Children’s Act (FACA) 1995-1997Children’s Act (FACA) 1995-1997

Development of a Cabinet Information Paper about the need for reform

Creating Ownership - Conducted a series of consultation meetings country-wide with all major stakeholders


A Case Study of BelizeA Case Study of Belize Phase 1: Drafting of the Families and Phase 1: Drafting of the Families and Children’s Act (FACA) 1997-1998Children’s Act (FACA) 1997-1998

Presentation of the results of the national consultations to Cabinet and other key decision makers.

Drafting of the Families and Children’s Act integrating CRC and other key information.

Passage of the Act in July 1998


A Case Study of BelizeA Case Study of Belize Phase 1: Capacity Building and Public Phase 1: Capacity Building and Public Education 1998-1999Education 1998-1999

District wide Training: - Strengthening of District wide Training: - Strengthening of institutional implementation capacitiesinstitutional implementation capacities

Simplified Version of the Act developedSimplified Version of the Act developed


A Case Study of BelizeA Case Study of Belize Phase 2: Passage of Legislation to Further Phase 2: Passage of Legislation to Further Protect Children’s RightsProtect Children’s Rights 19991999

Statutory Instruments on Mandatory Reporting of Child Abuse:

Provided for the mandatory reporting of suspected cases of child abuse and child sexual abuse The child’s placement (where deemed necessary) into protective custody, Associated procedures for investigating and reportingThe initiation of criminal proceedings against alleged perpetrators


A Case Study of BelizeA Case Study of Belize Phase 2: Passage of Legislation to Phase 2: Passage of Legislation to Further Protect Children’s RightsFurther Protect Children’s Rights 20022002

Reporting of cases between police and social Reporting of cases between police and social servicesservices

Appointment of an amicus curiae for all criminal Appointment of an amicus curiae for all criminal cases involving childrencases involving children

Screens to protect children who are testifying in Screens to protect children who are testifying in courtcourt..


A Case Study of BelizeA Case Study of Belize Phase 2: Passage of Legislation to Further Phase 2: Passage of Legislation to Further Protect Children’s Rights 2001 -2002Protect Children’s Rights 2001 -2002

The Penal System Reform (Alternative Sentences) Act

Established the Community Rehabilitation Department

Defines young person under 18.

Enlarged the powers of the criminal courts to pass community sentences.


A Case Study of BelizeA Case Study of Belize Phase 3 Institutional Reform :Phase 3 Institutional Reform :

The spirit of the act is to reduce recidivism, reduce the The spirit of the act is to reduce recidivism, reduce the rate of imprisoned young people for minor offences, and rate of imprisoned young people for minor offences, and foster rehabilitation opportunities within the community.foster rehabilitation opportunities within the community.

The Community Rehabilitation Department (CRD) The Community Rehabilitation Department (CRD) develops programs and structure to implement the develops programs and structure to implement the alternative sentences scheme for first time offenders.alternative sentences scheme for first time offenders.

National Committee on Alternative Sentencing National Committee on Alternative Sentencing


A Case Study of BelizeA Case Study of Belize Phase 3 Institutional Reform 2003:

National Conference on Community Service

Magistrates, Police, Protection Officers and Community stakeholders trained on the mechanisms and benefits of alternative sentences.

Family Court procedures at the District level promoted.District support teams were strengthened to provide

some oversight.

The activity gave tremendous momentum to the initiative resulting in a 400% increase in community service sentences within the first year.


A Case Study of BelizeA Case Study of Belize Phase two Institutional Reform: Phase two Institutional Reform:

Strengthening Family Court ( Strengthening Family Court ( Primary Dispute Resolution as a fundamental response)

Wagner’s Youth Facility ( Rehabilitation not Punishment)


A Case Study of BelizeA Case Study of Belize More Legal Reform

2004

Passage of Statutory Instrument for the Regulation for Residential Care Facilities for Children. Process included consultations with operators of existing facilities.

2006 Increasing the age of Criminal Responsibility from 9 to 12 years.


A Case Study of BelizeA Case Study of Belize Phase 3: Continuing the Reform ProcessPhase 3: Continuing the Reform Process

Identifying Gaps through Application and Vulnerability Assessments

Families and Children’s Act amendments before AG’s MinistryDrafting of Protocols for the Management of Child Abuse CasesDraft regulations to harmonize pertinent Juvenile Justice Legislation with a focus of full compliance with the CRC and other UN Conventions


A Case Study of BelizeA Case Study of Belize New Initiative - Inter Agency Child Protection New Initiative - Inter Agency Child Protection Pilot ProjectPilot Project

Project TitleProject Title

Piloting Integrated Support Services Piloting Integrated Support Services for Children who are Victims and/or for Children who are Victims and/or

Perpetrators of Crime Perpetrators of Crime


A Case Study of BelizeA Case Study of Belize New Initiative - Inter Agency Child Protection Pilot ProjectNew Initiative - Inter Agency Child Protection Pilot Project

1. Programmes and Services Mapping:- Review 1. Programmes and Services Mapping:- Review and Analyses of Existing and Analyses of Existing

This component will provide key inform as to the This component will provide key inform as to the availability of services for the targeted population by availability of services for the targeted population by inventorying existing services and providers, quality, inventorying existing services and providers, quality, accessibility, resources, and gapsaccessibility, resources, and gaps and develop and develop interventions to fill gaps and or extend servicesinterventions to fill gaps and or extend services


A Case Study of BelizeA Case Study of Belize New Initiative - Inter Agency Child Protection New Initiative - Inter Agency Child Protection Pilot ProjectPilot Project

2. Legal Reform (Several studies and (Several studies and assessments have clearly identified areas assessments have clearly identified areas and possible language amendments) and possible language amendments)


A Case Study of BelizeA Case Study of Belize New Initiative - Inter Agency Child Protection Pilot New Initiative - Inter Agency Child Protection Pilot ProjectProject

3. Access to Legal and Social Services

This component will support This component will support initiatives to initiatives to ensure that all children who are offenders and ensure that all children who are offenders and or victims of crime have legal representation or victims of crime have legal representation and access to child-friendly courts and servicesand access to child-friendly courts and services



4. Video Evidence4. Video Evidence

Provide opportunities for sexual abuse and rape victims to testify in Court via video tape testimonies.

Introduction of the video recording of interviews with child witnesses

Programme of capacity building within the criminal justice system to manage the implementation of video recording on a pilot basis.



5. Counseling and other Support Services5. Counseling and other Support Services

This component will provide support to ensure that all children, adolescents and young persons have access to adequate and timely comprehensive counseling services


A Case Study of BelizeA Case Study of Belize Lessons learnt:Lessons learnt:

Use the Groups Approach Use the Groups Approach (work with like (work with like

minded individuals, groups and associations)minded individuals, groups and associations)

Ensure that issue remains high on Ensure that issue remains high on Political Agenda Political Agenda (competing agendas – short memories)(competing agendas – short memories)

Comprehensive Approach to Reform Comprehensive Approach to Reform ( secure commitment for the process: legal, institutional, financial( secure commitment for the process: legal, institutional, financial


A Case Study of BelizeA Case Study of Belize

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