International Legal International Legal Framework and Key Framework and Key

challenges on Juvenile Justicechallenges on Juvenile JusticeENOC 16th ANNUAL CONFERENCE AND GENERAL ENOC 16th ANNUAL CONFERENCE AND GENERAL

ASSEMBLYASSEMBLY““Juvenile Delinquency – Child FriendlJuvenile Delinquency – Child Friendl

““Justice, Structures and Processes for Prevention and Intervention”.Justice, Structures and Processes for Prevention and Intervention”.

Cyprus, 10-12 October 2012Cyprus, 10-12 October 2012

Mr. Mr. Cédric Foussard, Cédric Foussard, IJJO, IJJO, Director International AffairsDirector International Affairs

ObjectivesObjectives

Introducing important elements of Introducing important elements of international standards concerning international standards concerning juvenile justice focusing on the conditions juvenile justice focusing on the conditions of detentionof detention

Introducing key challenges on juvenile Introducing key challenges on juvenile justice systemsjustice systems

Juvenile Justice Legal Juvenile Justice Legal InstrumentsInstruments

Convention on the Rights of the Child (CRC) (1989)Convention on the Rights of the Child (CRC) (1989) UN Standard Minimum Rules for the Administration of UN Standard Minimum Rules for the Administration of

Juvenile Justice (Beijing Rules) (1985)Juvenile Justice (Beijing Rules) (1985) Convention against Torture (CAT) (1984; 1987)Convention against Torture (CAT) (1984; 1987) UN Rules for the Protection of Juveniles Deprived of their UN Rules for the Protection of Juveniles Deprived of their

Liberty (Havana Rules) (1990)Liberty (Havana Rules) (1990) UN Standard Minimum Rules for Non-custodial Measures UN Standard Minimum Rules for Non-custodial Measures

(Tokyo Rules) (1990)(Tokyo Rules) (1990) UN Guidelines for the Prevention of Juvenile Delinquency UN Guidelines for the Prevention of Juvenile Delinquency

(Riyadh Guidelines) (1990)(Riyadh Guidelines) (1990) Guidelines for Action on Children in the Criminal Justice Guidelines for Action on Children in the Criminal Justice

System (Vienna Guidelines) (1997)System (Vienna Guidelines) (1997) ILO Convention 182 concerning the Elimination and ILO Convention 182 concerning the Elimination and

immediate prohibition of the Worst Forms of Child Labour immediate prohibition of the Worst Forms of Child Labour (Convention 182) (1999) (Convention 182) (1999)

Optional Protocol to the Convention against Torture (OPCAT) Optional Protocol to the Convention against Torture (OPCAT) (2006)(2006)

UN Rules for the Treatment of Women Prisoners and Non-UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) custodial Measures for Women Offenders (Bangkok Rules) (2010)(2010)

CRC Provisions related to CRC Provisions related to Juvenile Justice Juvenile Justice

Article 37 Article 37 (a) : Neither capital punishment nor life imprisonment (a) : Neither capital punishment nor life imprisonment (b) : Detention only as a measure of last resort and for the (b) : Detention only as a measure of last resort and for the

shortest appropriate period time shortest appropriate period time (c) : Separated from adults, maintain contact with family (c) : Separated from adults, maintain contact with family (d) : Prompt access to legal and other appropriate (d) : Prompt access to legal and other appropriate

assistance assistance

Article 39Article 39 Promote physical and psychological recover and social Promote physical and psychological recover and social

reintegration of a child reintegration of a child Child’s right to survival and development (Article 6)Child’s right to survival and development (Article 6) Right to participation (Article 12) Right to participation (Article 12)

Conditions of DetentionConditions of Detention

1.1. Rehabilitation and Reintegration Rehabilitation and Reintegration The primary purpose of detention must be the The primary purpose of detention must be the

rehabilitation and reintegration of child rather than rehabilitation and reintegration of child rather than retribution or the protection of societyretribution or the protection of society

children must receive “care, protection and all children must receive “care, protection and all necessary individual assistance that they may require necessary individual assistance that they may require in view of their age, sex and personality” in order to in view of their age, sex and personality” in order to benefit from rehabilitation and successfully benefit from rehabilitation and successfully reintegrate into society. (BR 13.5 )reintegrate into society. (BR 13.5 )

States should review sentences on a regular basis and States should review sentences on a regular basis and determine whether further detention is necessary. determine whether further detention is necessary. (BR28) (BR28)

Conditions of Detention

Conditions of Detention2.2. Separation from Adults and Opposite Sex Separation from Adults and Opposite Sex

Specifically designed for persons of their respective age Specifically designed for persons of their respective age unless it is not in their best interest (CRC 37(c))unless it is not in their best interest (CRC 37(c))

Male and female juveniles to be detained separately Male and female juveniles to be detained separately (BR26.4, Bangkok Rules 36-39) (BR26.4, Bangkok Rules 36-39)

3.3. Living Conditions Living Conditions Sleeping accommodations that should be unobtrusively Sleeping accommodations that should be unobtrusively

supervisedsupervised Bedding appropriate for the climateBedding appropriate for the climate Storage and sanitary facilitiesStorage and sanitary facilities Personal clothing Personal clothing Adequate food and drinking water (Section D of the Adequate food and drinking water (Section D of the

HR)HR)

Conditions of Detention4.4. Contact with the Outside World Contact with the Outside World

Right to maintain contact with his/her family through Right to maintain contact with his/her family through correspondence and visits (CRC 37(c))correspondence and visits (CRC 37(c))

An integral part of the right to fair and human treatment and is An integral part of the right to fair and human treatment and is essential to the preparation of juveniles for their return to society essential to the preparation of juveniles for their return to society (HR 59)(HR 59)

Encourage States to decentralise institutions (HR 30)Encourage States to decentralise institutions (HR 30)

5.5. Healthcare Services Healthcare Services Right to enjoy the highest attainable standards of health and to Right to enjoy the highest attainable standards of health and to

facilities for the treatment of illness and rehabilitation (CRC 24)facilities for the treatment of illness and rehabilitation (CRC 24)

6.6. Education, Vocational Training , Labour OpportunitiesEducation, Vocational Training , Labour Opportunities Children in detention facilities receive the same standard of Children in detention facilities receive the same standard of

education as their counterparts in the community (HR 38)education as their counterparts in the community (HR 38) Right to receive vocational training to prepare for future Right to receive vocational training to prepare for future

employment (HR 42) employment (HR 42)

Conditions of Detention7.7. Exercise and Recreational Activities Exercise and Recreational Activities

Right to a suitable amount of time for daily free exercise (HR Right to a suitable amount of time for daily free exercise (HR 47)47)

Provide adequate space, installations and equipment for Provide adequate space, installations and equipment for recreational, physical and leisure activities (HR 47)recreational, physical and leisure activities (HR 47)

8.8. Religion and Culture Religion and Culture Should be allowed to satisfy the needs of his or her religious Should be allowed to satisfy the needs of his or her religious

and spiritual life, attending the services, possession of the and spiritual life, attending the services, possession of the necessary books or item of religious observance (HR 43) necessary books or item of religious observance (HR 43)

9.9. Admission, Registration , and Records Admission, Registration , and Records A complete and secure record of these information should be A complete and secure record of these information should be

kept: kept: (a) Information on the identity of the child; (a) Information on the identity of the child;

(b) the fact of and reasons for commitment and the authority therefore;(b) the fact of and reasons for commitment and the authority therefore;

(c) the day and hour of admission, transfer and release; (c) the day and hour of admission, transfer and release;

(d) details of the notifications to parents and guardians on every admission, (d) details of the notifications to parents and guardians on every admission, transfer or release of the child; transfer or release of the child;

(e) details of known physical and mental health problems, including drug and (e) details of known physical and mental health problems, including drug and alcohol abusealcohol abuse

(HR 21) (HR 21)

Conditions of Detention10.10.Disciplinary MeasuresDisciplinary Measures

No child shall be subjected to torture or other cruel, inhumane or No child shall be subjected to torture or other cruel, inhumane or degrading treatment or punishment (CRC 37(a) )degrading treatment or punishment (CRC 37(a) )

Punishment that may comprise the physical or mental health of children to Punishment that may comprise the physical or mental health of children to be abolished (HR 67-68) be abolished (HR 67-68)

Restrict the use of restraints and the use of force against children in all Restrict the use of restraints and the use of force against children in all forms of detention (HR Sec K)forms of detention (HR Sec K)

11.11.Request and Complain Mechanism Request and Complain Mechanism Right to make requests or complaints to the director of the detention Right to make requests or complaints to the director of the detention

facility and to his/her authorised representative (HR75)facility and to his/her authorised representative (HR75)

12.12.Detention Facility Staff Detention Facility Staff Staff should be professionally trained in order to carry out their Staff should be professionally trained in order to carry out their

responsibilities effectively (HR Sec V)responsibilities effectively (HR Sec V)

Key ChallengesKey Challenges

Key Challenges 1.1. Lack of Data and Statistics Lack of Data and Statistics

A common challenge faced by many countries A common challenge faced by many countries Pre-requisite for the development of sound policies and Pre-requisite for the development of sound policies and

programmes aimed to promote juvenile justice programmes aimed to promote juvenile justice

2.2. Lack of Specialized Juvenile Justice Lack of Specialized Juvenile Justice SystemsSystems

Inadequate legal and policy framework Inadequate legal and policy framework Inadequate organization and operational frameworks Inadequate organization and operational frameworks

3.3. Increasing Number of Children in Increasing Number of Children in DetentionDetention

Punitive approaches Increasing number of Punitive approaches Increasing number of children children

Majority is charged with petty crimes, first-time offenders Majority is charged with petty crimes, first-time offenders

Key Challenges 4.4. Poor Conditions of Facilities Poor Conditions of Facilities

Lack of adequate space, lack of natural light and Lack of adequate space, lack of natural light and fresh airfresh air

5.5. Poor Healthcare Services Poor Healthcare Services Generally substandard, underfunded and a Generally substandard, underfunded and a

shortage of staff and basic medicationsshortage of staff and basic medications Risk of spreading transmissible diseases Risk of spreading transmissible diseases

6.6. Treatment of Girls in Detention Treatment of Girls in Detention Minority but deserve special protection Minority but deserve special protection Often held together with adult women Often held together with adult women

Key Challenges 7.7. Lack of Social Reintegration Programmes Lack of Social Reintegration Programmes

and Servicesand Services Primary purpose must be the rehabilitation and Primary purpose must be the rehabilitation and

reintegration reintegration Inadequate recognition of the importance coupled with a Inadequate recognition of the importance coupled with a

lack of resources lack of resources

8.8. Lack of Monitoring Mechanism Lack of Monitoring Mechanism Essential to prevent violence, inhumane treatment and poor Essential to prevent violence, inhumane treatment and poor

living conditionsliving conditions Often closed to outside scrutiny Often closed to outside scrutiny

9.9. Violence in Detention Facilities Violence in Detention Facilities By staff, adult detainees, other child detainees and self-harm By staff, adult detainees, other child detainees and self-harm

Key Challenges 10.10.Low Priority Low Priority

Does not appear to receive high attention by States Does not appear to receive high attention by States Allocated money generally be used to improve security, with Allocated money generally be used to improve security, with

very inadequate investment being made for social integration very inadequate investment being made for social integration

11.11.Inadequate StaffingInadequate Staffing Unqualified and poorly remunerated staff Unqualified and poorly remunerated staff Lack adequate knowledge of child and youth care practicesLack adequate knowledge of child and youth care practices

12.12.Lack of inter-institutional communication Lack of inter-institutional communication Lack of adequate coordination and cooperation between Lack of adequate coordination and cooperation between

different Government and justice institutions different Government and justice institutions Delays in the processing of casesDelays in the processing of cases

International Juvenile Justice Observatory

International organization, recognized as a Belgian International organization, recognized as a Belgian Foundation of public interest BrusselsFoundation of public interest Brussels

IJJO Aims:IJJO Aims: To bring an To bring an international and interdisciplinaryinternational and interdisciplinary

vision of juvenile justicevision of juvenile justice To create multidisciplinary To create multidisciplinary network of expertsnetwork of experts To promote development strategies, policies and To promote development strategies, policies and

intervention methods intervention methods Beneficiaries: Minors and young people at-risk of Beneficiaries: Minors and young people at-risk of

exclusion or in conflict with the lawexclusion or in conflict with the law The IJJO in the world:The IJJO in the world:

www.ijjo.org

The 5th Biennial Conference of IJJO, London, 6-7

November 2012 ““Criminality or social exclusion? Justice for Criminality or social exclusion? Justice for

children in divided worldchildren in divided world.” .” The agenda will explore the themes The agenda will explore the themes of:of:

Policy development for socially excluded children Policy development for socially excluded children and young people in trouble; diversion and and young people in trouble; diversion and inclusion strategies.inclusion strategies.

Economic interventions, cost avoidance and Economic interventions, cost avoidance and value for money servicesvalue for money services

Community and multi-agency interventions; Community and multi-agency interventions; social inclusion, crime reduction, alternatives to social inclusion, crime reduction, alternatives to custody and custodial/decarceration programmescustody and custodial/decarceration programmes

Effective practice; direct/individual work with Effective practice; direct/individual work with children, parents and familieschildren, parents and families

For further information:

Mr. Cédric Foussard.CFOUSSARD@OIJJ.ORG

International Juvenile Justcie Observatory

Rue Mercelis, nº50,1050 Brussels, Belgium

www.oijj.org

Thank you for your attention!