UN approach to justice for children

In-country standard presentation

Definition Rule of Law – SG report on RoL, 2004

Rule of law “refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency”

Justice system – Definition

A justice system comprises of:

(1)state-run justice and law enforcement institutions, including the judiciary (criminal and civil), justice and interior ministries, the police, prisons, criminal investigation and prosecution services and (2)non-state justice mechanisms, i.e. the whole range of traditional, customary, religious and informal mechanisms that deal with disputes at community levels

The justice system has linkages and overlaps with both the social welfare system and security institutions

Justice for children – Definition

‘Justice for children’ covers:

• Children in conflict with the law, i.e. alleged as, accused of, or recognized as having infringed the penal law

• Child victims and witnesses of crime in contact with justice systems

• Children in contact with justice systems for other reasons such as custody, protection or inheritance (child parties to a justice process)

Rationale of the UN approach

How is justice for children relevant to Rule of Law?

• There can be no peace and security without tackling justice for children issues

• Children = half or more than half of the population in many countries

• Children are often the most affected by breaches in rule of law, including violence and insecurity

• However, children are often left out of rule of law initiatives

Goal of the UN approach

The goal of the justice for children approach is to ensure that

• all child victims, witnesses and alleged offenders…

• …have access to justice systems (formal and/or informal) and are better served and protected by these systems…

• …through full application of relevant international norms and standards

Strategy of the UN approach

The main strategy towards this goal is to…

…Ensure greater attention to children in rule of law efforts by…

1. Broadening partnerships and leveraging the work of UN entities around rule of law

2. Scaling up and using existing expertise in improving the realization of the rights of child victims, witnesses and alleged offenders

Process to develop the UN approach

• The approach was developed by UN entities that are members of the Rule of Law Coordination and Resource Group (UNDP, DPKO, UNODC, UNHCR, OHCHR, UNIFEM, OLA, DPA and UNICEF )

• It has been endorsed by the principals’ of these UN entities

• The Secretary General has sent a guidance note on the UN approach to justice for children to all UN heads of Departments, Offices, Funds, Agencies and Programmes in September 2008

Content of the UN approach

The approach provides…

• Guiding principles and

• A framework for UN justice for children activities at the national level

Guiding Principles

Guiding Principles

• Ensuring that the best interests of the child is given primary consideration

• Guaranteeing fair and equal treatment of every child, free from all kinds of discrimination

• Advancing the right of the child to express his or her views freely and to be heard

• Protecting every child from abuse, exploitation and violence

• Treating every child with dignity and compassion

Guiding Principles

• Respecting legal guarantees and safeguards in all processes

• Preventing conflict with the law as a crucial element of any juvenile justice policy

• Using deprivation of liberty of children only as a measure of last resort and for the shortest appropriate period of time

• Mainstreaming children’s issues in all rule of law efforts – see examples in following slides

Framework for UN justice for children activities

Broadening partnerships and leveraging the work of UN entities around rule of law

Children’s issues are to be integrated in the following efforts:

1. Strengthening of national systems, e.g.:– Constitution-making processes– Law and policy reform efforts– Institutional reform and capacity development for professionals

2. Legal empowerment and access to justice, e.g.:– Human rights education and legal awareness – Community based legal and paralegal outreach services

3. Specific crisis and post-crisis interventions, e.g.: – Peace agreements– Transitional justice mechanisms– Security sector reform

Scaling up and using existing expertise in improving the realization of child rights

Interventions that are to be scaled up (examples):

• Building the knowledge base on children in (formal and informal) justice systems

• Support diversion of children from judicial proceedings and alternatives to deprivation of liberty

• Enabling the full involvement of the social sector in justice for children

• Promoting child-sensitive procedures and environments in justice systems

Putting the UN approach into practice: the next steps

• Dissemination of SG guidance note within each UN entity

• Discussions at country level in relevant forums (e.g. rule of law, justice, protection, child protection) on how approach can be better implemented in country context

• Provide the RoLCRG with feedback on implementation – your feedback will inform the development of the interagency operational guide

• At HQ level, children’s issues will be included in general rule of law guidance to be prepared by the Rule of Law Coordination and Resource Group and shared with all