Nordisk Forening mot barnemishandling og omsorgssvikt, Nuuk, August , 2014 Child friendliness: strategy that matters Bragi Guðbrandsson, Director General The Gov. Agency for Child Protection, Iceland

For the rich there is therapy, For the rest of us there is fishing

The plan of this presentation “Everyone has a plan until they get a punch in the face” Mike Tyson

The road we are travelling The paradigm shift following the UN CRC Impact on child protection systems and work practices International instruments with regard to child-friendly justice Barnahus as role model for addressing Child Abuse and Neglect Topics to be addressed

Few Remarks on the UN CRC Not only quantitatively but also qualitatively different from earlier international agreement The twofold nature of the UN CRC The Descriptive The Normative (dynamic) Culturally sensitive flexible within the limits of the basic principle of the “best interest of the child”

A paradigm shift A fundamental change in our perception of children – the 3 p´s Participatory rights children as bearers of rights, active subjects and not passive objects Protective rights needs-focused and child- friendly Rights to provisions sufficiently comprehensive and appropriate to maximize the development of the child potentialities

Diverse past traditions, in the care and protection of children The Juxtaposition of Responsibilities for Social Service Delivery with regard to the state, regional, local authorities and civil society The Nordic social democratic model Conservative/Liberal model A central European subsidiarity model The Latin or Mediterranean model An emerging welfare systems model of the post- communist countries

Traditional models of child protection Common feature focusing on “Risk factors” underestimating “Protective factors” The “Child Rescue” Model investigatory, policing and procedurally driven The “Family Support” Model supportive intervention and partnership with families

Development of Convergence towards a unified approach The impact of the UN CR Other international human right law: European Convention on Human Rights, the Social Charter European Court of Human Rights (the Court) New knowledge from research, sharing of experiences and information

Actors of crucial importance The Committee on the Rights of the Child General Comments, State reports, Gen. Discussion Day etc. UN Special rapporteur on Violence International NGO´s incuding Unicef Save the Children Eurochild CRIN (Child Rights International Network) Terre de Hommes Professional societies ISPCAN, APSAC, NACC Regional Collaborations CBSS “Children at Risk, BECAN, CANEE

Principles of Convergence Priorities include Prevention Detection Early intervention Avoiding re-victimisation Assessment of needs Protecting/Risk factors Comprehensive services Strategies include Right based - participation Child focused Child-friendly Partnership with parents Interdisciplinary Multiagency

What is Justice for children? As the CRC establishes sets of human rights children should be entitled to - the meaning of Justice broadens Children and the Criminal justice system The “Bejing Rules (1985), the “Ryad Guidelines“(1990), the “Rules for the protection of juveniles deprived of their liberty” (1990)

Justice for Children – the UN After the UN CRC the emphasis became wider The UN Guidelines on Justice for Child Victims and Witnesses (2005) The UN Guidelines on Alternative Care (2009) The Optional Protocol on Communication Procedure Complaints: failure to comply with Art. 4

CoE Achievements Standard Setting for Enhancing the Rights of Children Translating/Operationalizing the CRC into the different context in the life of children such as Institutions Rec (2005)5 Family environment Rec (2006)19 Judicial system the Guidelines 2010 Social services Rec (2011)12 Health Care Guidelines 2011 Participation in Society Rec (2012)2

The CoE Guidelines for “Child-friendly Justice” Guidelines (2010) Addresses all contacts children may have during judicial and non judicial proceedings As victims In conflict with the law As witnesses The goal is to ensure that children´s rights are respected as defined in UN CRC

CoE Guidelines on Child-friendly Justice Examples of fundamental issues measures in place to protect the child's safety information and advice is provided to the child the child is given legal counsel and representation those working with children are adequately trained privacy and family life of the child and parents must be safeguarded interagency cooperation is assured the child has the right to be heard and to express views and to have her or his views taken into account the proceedings have to be in a child-friendly environment and child-friendly language

Before – During – After Proceedings Promoting Child-friendly Actions “set up child-friendly, multi-agency and interdisciplinary centers for child victims and witnesses where children could be interviewed and medically examined for forensic purposes, comprehensively assessed and receive all relevant therapeutic services from appropriate professionals” Rec(2011)12 on Children´s Rights and Social Services Child-friendly justice at all levels

The Lanzarote Convention Unique among International Agreements Basic characteristics Child-friendly Comprehensive In terms of scope In terms of content Interdisciplinary/Multiagency Proactive

The goal is to identify child-friendly strategies and practices to ensure The „best interests of the child“ without compromising the human right principle The “due process” (fair trial) Child-friendly

Comprehensive In terms of definition as it addresses child sexual abuse and sexual exploitation in all it´s forms including child prostitution, trafficking, pornography, grooming, corruption as well as sexual abuse within or outside of the family In terms of coverage Prevention, Protection, Prosecution

Interdisciplinary; Multi-agency Proposes a holistic and non-fragmented approach by inter-sectoral coordination, agency cooperation and diversified professional collaboration in terms of Prevention Protection by effective response, assessment and appropriate intervention Investigation, Prosecution and Judgement

Proactive Identifies the infrastructure and legal provisions to ensure appropriate social protection from child sexual abuse and exploitation As well as Proposes principles that reflect dynamic implementation by articulated standard setting and strategies

The Lanzarote Committee The dual role of the Committee of Parties Monitoring Facilitate the effective use of the different provisions of the Convention, identification of any problems and express an opinion on the application Observatory Facilitate the collection, analysis and exchange of information on legal, policy and technological development General comments, proposals and opinions

EU the “Giant“ moves Towards an EU strategy on the rights of the child (2006) The Charter of Fundamental Rights of Children (2010) The Agenda on the Rights of the Child (2011) The Directive on Child sexual abuse and exploitation (2011) Global Alliance on for Combating Child sexual abuse Online (2012) Public Consultation on Child Protection systems (2013)

The EU Agenda on the Rights of the Child (2011) identifies 11 Actions The principles of the UN CRC must guide EU policies and actions in all EU measures affecting children Promoting the CoE Guidelines of child-friendly justice and taking them into account in future legal instruments in the field of civil and criminal justice Supporting and encouraging the development of training activities for judges and other professionals regarding the optimal participation of children in judicial systems

The EU Directive on Combating Sexual Abuse and Sexual Exploitation Builds on the Lanzarote Convention The added value: an integral part of EU law Criminal law, including offence committed abroad and online offences Criminal investigations, initiation of proceedings Protection of children: avoiding re-victimisation, Prevention: programs for offenders, screening, blocking IT sites

EU Guidance on integrated Child Protection Systems The aim of the Guidance will be to assist MS to develop integrated and effective Child protection systems Information on legislation and policies Showcase for good practices Public Consultation Mandate of EU in Child Protection Children´s rights in criminal proceedings When child´s safety involves more than one country, f. ex. unaccompanied, tafficked or missing children

The “Silent revolution” - Barnahus Barnahus has assumed a key role in the Child Protection System of the Nordic Countries The common mission is to avoid re- traumatisation of child victims by child- friendly and multiagency response to CAN Recommended in CoE standards, by the Lanzarote Committee and Congress of Local and Regional Authorities

The growth of Barnahus among Nordic Counties Allowing for difficulties of definitions it is estimated that the total number is 50 in Iceland, Sweden, Norway, Denmark, Greenland and the Faroe-islands Engaging few hundreds of professionals full time and even more part time Providing multiple services for tens of thousands of children suspected of being subjected to maltreatment and abuse

Barnahus in the Nordic context Paths of coming into being The role of the state, regional- and the local authorities Affiliations: social services/police Juxtaposition: responsibilities of partners Collaboration: from being structured to informal Target groups: victims sexual abuse or CAN generally Investigative interviews Medical examination Treatment strategies

Barnahus in Iceland Started in 1998 by professional initiative; indifference by politicians, the Ministries, Local Authorities and NGO One BH, serves the whole country, almost confined to victims of sexual abuse Governance: Operated by the Gov. Agency for Child Protection, not regulated by law, no budget Forensic interviews two categories, carried out by Child specialists Court testimony Exploratory or CPS interview Assessment and long-term trauma-focused therapy Medical examination

Barnahus in Sweden Started in 2005, multiple initiative incl. professionals, Save the Children, Ministries, and Queen Silvia Rapid growth, now in locations, depending on definitions. Addresses all CAN cases Governance Local authorities (one Landsting), no legislation, national guidelines, no budget Forensic interviews conducted by the police under the auspices of the prosecutor Considerable variations in arrangement of Inter-agency collaboration/consultation Therapeutical services Medical examinations

Barnas Hus in Norway Started in 1997, a political decision, joint project of the relevant Ministries following promotion by Save the Children Rapid growth, now in 10 cities, deal with CAN + Adults with special needs Governance: The legal system, BH operated by Police districts, not regulated by law, state budget for limited time “Dommeravhör” but the police carry out the interview Structured coordination: “förmöte”, “samrådsmöter” Assessment, short-term therapy and follow-up Medical examination at BH but also at (nearest) hospitals

Börnehuse in Denmark Started in 2013 following legal reform with regard to CAN Governance: Local authorities legally mandated to participate and collaborate by formal agreements, Government funding BH established in 5 region plus satellites in 3 of them with limited services, that address all CAN cases Legislation mandates Police and CPS to refer cases to BH and allows different professions to share personal data Police perform the forensic interviewing Quality standard have been established BH must cooperate on a national level for sharing experience and enhance expertise

Evaluation studies Sweden University of Lund (2008); University of Stockholm (dep.of law) (2010), Svedin and Landberg (2012), Univ. of Kristianstad and two from Univ. of Lund (ongoing) Norway Nova (2012) Iceland RBF University of Iceland (2010) Nova: Comparative study under way

Positive outcomes Difficulties involved in comparing findings due to diversified approaches All the evaluation studies show clear signs of progress in terms of positive experiences for Children Parents Professionals Evidence suggest higher rate of detection, prosecution and number of indictments

Tracing the Cases Research findings on child sexual abuse compared to official statistics from the State Prosecution

Outcomes: some concerns Quality of services varies – lack of standards The legal process may negatively affect the welfare issues involved Tension between the legal vs. the social systems The dominance of the legal system The role of the social worker ambivalent Backs out in some circumstances The focus on the parent in the social investigation How does the child come in, where is she/her listened to?

Some future challenges Increasing complexity of child sexual abuse issues Online abuse in the context of fast developing communication technologies Issues include online risk-behaviour, self-produced sexually abusive images, grooming, sextortion etc. Children on the move Asylum-seekers, unaccompanied children, trafficking, missing children Revictimization by repeated interrigations, examination by different agencies Divorce conflicts, child abductions in cross country situations

Do we know the way are we heading? Even if we think we know our destiny – it is the journey that really matter The present prevails - the past is only a glimpse of memory and the future just a hope? “While we try to teach children all about life, our children teach us what live is all about”

The future – our responsibility “If an egg is broken from an outside force, life ends. If an egg is broken by an inside force, life begins” Our privilege of experiencing the adversity and the pain of the child The duty to act. Who is to act, if not we? We don´t have a choice – we are part of this evolution, passive or active as the case may be

Thank you for your patience!