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This book assesses how the UN Convention on the Rights of the Child has affected the development of child law and the promotion of children’s rights in the past twenty-five years. Its 24 studies probe a broad variety of issues relating to children’ contact with civil, administrative and criminal justice systems, the protection of child integrity and their right to participation, information and proper representation. The contributors – all experts on child-related matters – represent international organisations, academia and NGOs. They provide a clear picture of the origins of the current problems in realising child-friendly justice, and they discuss possible solutions.
At a time when Europe is witnessing major cultural, social, economic and political challenges and transformations, this book brings together leading researchers and experts to consider a range of pressing questions relating to the historical origins, contemporary manifestations and future prospects for juvenile justice. Questions considered include: How has the history of juvenile justice evolved across Europe and how might the past help us to understand the present and signal the future? What do we know about contemporary juvenile crime trends in Europe and how are nation states responding? Is punitivity and intolerance eclipsing child welfare and pedagogical imperatives, or is ‘child-friendly justice’ holding firm? How might we best understand both the convergent and the divergent patterning of juvenile justice in a changing and reformulating Europe? How is juvenile justice experienced by identifiable constituencies of children and young people both in communities and in institutions? What impacts are sweeping austerity measures, together with increasing mobilities and migrations, imposing? How can comparative juvenile justice be conceptualised and interpreted? What might the future hold for juvenile justice in Europe at a time of profound uncertainty and flux? This book is essential reading for students, tutors and researchers in the fields of criminology, history, law, social policy and sociology, particularly those engaged with childhood and youth studies, human rights, comparative juvenile/youth justice, youth crime and delinquency and criminal justice policy in Europe.
Child-friendly Justice assesses how the UN Convention on the Rights of the Child has affected the development of child law and the promotion of children’s rights in the past twenty-five years. Its 24 studies probe a broad variety of issues relating to children’ s contact with civil, administrative and criminal justice systems, the protection of child integrity and their right to participation, information and proper representation. The contributors - all experts on child-related matters - represent international organisations, academia and NGOs. They provide a clear picture of the origins of the current problems in realising child-friendly justice, and they discuss possible solutions.
Each year thousands of children take part in criminal and civil judicial proceedings, affected by parental divorce or as victims or witnesses to crime. Such proceedings can be stressful for anyone. The European Union Agency for Fundamental Rights (FRA) investigated whether children's rights are respected in these proceedings. FRA's fieldwork findings, based on interviews with professionals and children, show that there is a long way to go to make justice more child-friendly across the European Union (EU). Although all EU Member States have committed themselves to ensuring that children's best interests are the primary consideration in any action that affects them, their rights to be heard, to be informed, to be protected and to non-discrimination are not always fulfilled in practice. That is why the EU is promoting the Council of Europe's 2010 Guidelines on child-friendly justice. It aims to help its Member States improve the protection of children in their judicial systems and enhance their meaningful participation, thereby improving the workings of justice.
The guidelines on child-friendly justice, and their explanatory memorandum, were adopted by the Council of Europe in 2010. Based on existing international and European standards, in particular the United Nations Convention on the Rights of the Child and the European Convention on Human Rights, the guidelines are designed to guarantee children's effective access to and adequate treatment in justice. They apply to all the circumstances in which children are likely, on any ground and in any capacity, to be in contact with the criminal, civil or administrative justice system. They recall and promote the principles of the best interests of the child, care and respect, participation, equal treatment and the rule of law. The guidelines address issues such as information, representation and participation rights, protection of privacy, safety, a multidisciplinary approach and training, safeguards at all stages of proceedings and deprivation of liberty. The 47 Council of Europe memb
Children’s effective participation in judicial proceedings is vital for improving the operation of justice. European and international human rights instruments recognise the importance of children’s participation. They oblige European Union (EU) Member States to ensure that children’s best interests are the primary consideration in any actions that affect them. Nevertheless, the treatment of children in justice systems across the EU remains a concern. The European Commission has supported efforts to make justice more child-friendly in various ways. It prioritised child-friendly justice in its EU Agenda for the Rights of the Child (2011-2014), outlining diverse proposals for strengthening relevant procedural safeguards, carrying out pertinent research on legislation and policy in the EU-28, and supporting EU Member States in improving protection. Following up on the European Union Agency for Fundamental Rights (FRA) 2015 report on child-friendly justice, the Commission issued a policy brief on children’s involvement in criminal, civil and administrative judicial proceedings in the 28 EU Member States. The Commission also committed itself to publicising the Council of Europe’s 2010 Guidelines on child-friendly justice, which promote children’s rights to be heard, to be informed, to be protected and to non-discrimination, as well as the principle of the best interests of the child. In cooperation with the European Commission, FRA collected and analysed data to determine to what extent these rights are fulfilled in practice. It did so by way of interviews with professionals and children who have been involved in judicial proceedings. FRA’s first report on its research in 2015 centred on the perspective of professionals. This summary presents the main findings of the second report. That report focuses on the perspectives of children, outlining their views on factors that impede their full participation and on efforts that can help overcome such barriers. Like the first report, it underscores that much remains to be done to make justice across the EU truly child-friendly.
Each year thousands of children take part in criminal and civil judicial proceedings, affected by parental divorce or as victims or witnesses to crime. Such proceedings can be stressful for anyone. The European Union Agency for Fundamental Rights (FRA) investigated whether children's rights are respected in these proceedings. FRA's fieldwork findings, based on interviews with professionals and children, show that there is a long way to go to make justice more child-friendly across the European Union (EU). Although all EU Member States have committed themselves to ensuring that children's best interests are the primary consideration in any action that affects them, their rights to be heard, to be informed, to be protected and to non-discrimination are not always fulfilled in practice. That is why the EU is promoting the Council of Europe's 2010 Guidelines on child-friendly justice. It aims to help its Member States improve the protection of children in their judicial systems and enhance their meaningful participation, thereby improving the workings of justice.
The guidelines on child-friendly justice, and their explanatory memorandum, were adopted by the Council of Europe in 2010. Based on existing international and European standards, in particular the United Nations Convention on the Rights of the Child and the European Convention on Human Rights, the guidelines are designed to guarantee children's effective access to and adequate treatment in justice. They apply to all the circumstances in which children are likely, on any ground and in any capacity, to be in contact with the criminal, civil or administrative justice system. They recall and promote the principles of the best interests of the child, care and respect, participation, equal treatment and the rule of law. The guidelines address issues such as information, representation and participation rights, protection of privacy, safety, a multidisciplinary approach and training, safeguards at all stages of proceedings and deprivation of liberty.The 47 Council of Europe member states are encouraged to adapt their legal systems to the specific needs of children, bridging the gap between internationally agreed principles and reality. To that end, the explanatory memorandum offers examples of good practices and proposes solutions to address and remedy legal and practical gaps in justice for children.These guidelines form an integral part of the Council of Europe's strategy on children's rights and its programme "Building a Europe for and with children". A series of promotion, co-operation and monitoring activities are planned in member states in view of ensuring effective implementation of the guidelines for the benefit of all children.