Thank you for visiting this New Tactics online conversation summary on Improving Access to Justice for Children and Teens.
Summary of the Dialogue
Children face particular challenges to getting justice for human rights violations. Providing access to justice for children requires “child sensitive mechanisms”. These mechanisms identify children’s needs and integrates their voices in justice systems.
To this end, in April 2014, the United Nations passed a third optional protocol to the Convention on the Rights of the Child (OP3). This protocol enabled children to bring complaints about violations directly to the committee. Particularly if they have not found a solution at a national level. Improving access to justice for children requires addressing the challenges they face. It also involves using alternative dispute resolution methods. Collective litigation strategies can be helpful in some cases. Additionally, we need to find ways to support child victims during the court process. Finally, regional and international complaint mechanisms should be used to help children.
Tactic Examples Shared
- Child Helpline International sustains a hotline to inform children of their rights. It uses training to inform child headed households of their land and property rights.
- The Justice on Wheels project in the Philippines uses buses as mobile courtrooms to reduce the backlog of cases. Improving access to justice for youth around the country.
- The Kosovo Judicial Institute Integrated Juvenile Justice reforms and provided juvenile court judges in each jurisdiction. It is providing ongoing training to court actors in the human rights of juveniles.
- Care International provides trainings to community members about advocating for orphan land rights.
- Lembaga Bantuan Hukum holds paralegal trainings. Empowering street children to advocate for their rights.
- The Albanian Center for Human Rights collaborated with the Albanian Ministry of Education to bring human rights education into all public schools in the country.
- The Arab Penal Reform Organization (APRO) publishes a series of illustrated children’s books called Activist Ali’s Team. These books educate children and adults of their civil and legal rights. It also creates a culture of human rights in Egypt.
- The Culture and Free Thought Association has established youth centers run by youth parliaments. These teach adolescents about the democratic process. It also provides them with positive life experiences.
- At the beginning of 2005, Enfants & Developpement (E&D) created a Participatory Child Protection Project. It was set up in 6 communes covering 126 villages.
- The past online conversation Empowering Communities with Technology Tools to Protect Children and the tactics shared in that conversation were referenced.
Conversation Threads
Specific Challenges Children Face Accessing Justice
Children in conflict with the law often encounter inconsistent contact with different adults. This impacts their ability to build strong relationships with officials. They feel “burned by adults” and become skeptical of the justice system and its ability to help them. Children may hesitate to seek remedies because of the fear of reprisal or violence. An advocate explained that honesty and transparency in justice systems will meet children’s needs and increase their faith and willingness to engage with the system. This involves “explaining the law, processes, timeframes and possible outcomes.”
Children also face a lack of knowledge about their rights and how to access justice mechanisms to seek remedies. Educating enforcement and protection agencies of children’s rights could help ease this problem. A participant shared the findings of a survey conducted by Child Rights Connect. It identified that 88% of children get information of remedies to their rights violations from parents. The survey also found that youth have a preference for seeking this information at school or online. Advocates expressed the findings question if the adults that children consult aware of their rights. Children who many need to seek remedies could learn about their rights from fellow “peers and survivors.”
Vulnerable children who face abuse from parents or other challenges to getting information about remedies are less likely to seek information about their rights. The Children may not view “themselves as survivors or have knowledge or about their rights.” Technology and education initiatives can help children access the information they need.
Current approaches in many Justice Systems use punitive responses that do not consider children’s needs. They also ignore children’s unique developmental characteristics. Justice systems should be more “child sensitive”. Alternative approaches like Restorative Justice, rehabilitation and reintegration could help in this process.
Alternative Mechanisms to Provide Access to Justice for Children
ADR (Alternative Dispute Resolution) allows children and other affected parties the opportunity to “hear others’ experiences.” ADR also allows for healing “between the victim and community.” There is a lack of visibility and understanding among advocates around ADR. Especially how to use ADR processes for children with adult offenders.
New Zealand uses restorative models to deal with children in conflict with the law. Restorative Justice allows children to take responsibility for their actions. Helping the healing process for victims. Restorative models work in “criminal and non-criminal contexts.” Participants sought more information on how to use restorative models in criminal cases where children are offenders, victims or both.
Group Action to Challenge Laws and Practices
Children Rights International Network (CRIN) currently manages a global study for the access to justice for children. The survey intends to research collective action or group litigation examples in different countries. CRIN has collected litigation examples from many countries. Such as: Australia, The United States, Canada, Argentina, Guyana, Sweden, China, New Zealand and Ireland. The CRIN survey is still ongoing.
Helping Children Access Justice Through the Criminal System
“Child-sensitive” procedures do not exist in some justice systems or are used inconsistently. For example, children involved in sexual exploitation need to be viewed “as victims and survivors,” not as criminals. But, institutional incentives influence law enforcement approaches. These incentives encourage a focus on apprehension. As a result, they make it difficult to view children in a “child-sensitive manner.”
The use of child testimony requires “child-sensitive” considerations. Youth may become re-traumatized when sharing their testimony. Some prosecutors in the United States have built “cases around the victim/survivor” to avoid the use of child testimony. Particpants brought up questions that can help guide future conversations about integrating more child-sensitive procedures. Questions like: What are the child-friendly procedures used in other countries? How can advocates know when it is in the best interests for youth to testify? Do criminal justice professionals understand the best interests of a child when managing prosecutions of crimes against children?
Regional & International Complaint Mechanisms to Improve Access to Justice for Children
Advocates can use International Complaint mechanisms when remedies are not accessible nationally. Advocates could use international mechanisms “as a strategic advocacy tool to change national legislation and policies.” The Optional Protocol 3 (OP3) of the Convention on the Rights of the Child is one international complaint mechanism. It can be used to bring cases of children experiencing “unduly prolonged cases” though it has not been used yet.
Other Protocols exist to file complaints. Like the European Social Charter Providing for a System of Collective Complaints. Or the European Court of Human Rights. Or the Inter-American Commission on Human Rights. Regional and international mechanisms may have conditions like exhausting all “domestic remedies first.” Likewise, the filing complaint may need a “working language,” or the “complainant’s identity” might be required. Some bodies provide special considerations towards victims. The African Commission on Human and People’s Rights allows complainants to remain anonymous. The Council of Europe Convention on Action against Trafficking in Human Beings provides “a mandatory 30-day recovery period (article 13) for suspected victims. During this period they are not pressured to provide witness testimony.”
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