Claude JANIZZI Chairman of the Lanzarote Committee Brussels, June 14th, 2017 The Barnahus movement and the Council of Europe guidelines and conventions Claude JANIZZI Chairman of the Lanzarote Committee Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 2009 Guidelines recommended by the Committee of ministers on integrated national strategies for the protection of children against violence 5.3.1. Child protection institutions should have a clear obligation to collaborate 6.5.1. Modalities for inter-agency co-operation should be clearly defined 6.5.2. Through the provision of independent advocacy and support services, children should be encouraged to speak to the relevant authority about their experience of violence Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 Guidelines recommended by the Committee of ministers on integrated national strategies for the protection of children against violence 6.5.3. Child victims should be assessed without delay. For victims of violence within the home, the protective capacity of the nonviolent caregiver should be established 6.7.3. Judicial and extra-judicial proceedings involving children should be treated as a priority and be completed without unjustified delay 6.7.5. Judicial proceedings should not aggravate the trauma experienced by the child. Where appropriate, the justice response should be followed swiftly by adequate support services. Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 2010 Guidelines of the Committee of ministers of the Council of Europe on child–friendly justice 9. When children are heard or giving evidence in judicial and non- judicial proceedings, this should preferably take place in camera, only those directly involved should be present 11. Children should be protected from secondary victimisation 16. A multidisciplinary approach should be encouraged to obtain a comprehensive understanding of the child 50. In all proceedings involving children, the urgency principle should be applied to provide a speedy response and protect the rights of the child, while respecting the rule of law Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 2010 Guidelines of the Committee of ministers of the Council of Europe on child–friendly justice 62. Interviewing rooms should be arranged for children in a child- friendly environment 64. Interviews of children should be carried out by trained professionals. 64. Children should be given the possibility to give evidence in the most favourable settings and under the most suitable conditions 67. The number of interviews should be as limited as possible and their length should be adapted to the child’s age and attention span 71. Interview protocols that take into account different stages of the child’s development should be designed and implemented Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 2010 Guidelines of the Committee of ministers of the Council of Europe on child–friendly justice 74. The possibility of taking statements of child victims and witnesses in specially designed child-friendly facilities and a child-friendly environment should be examined Chap V point j) Members of the Council of Europe are encouraged to set up child-friendly, multi-agency and interdisciplinary centres for child victims and witnesses where children could be interviewed and medically examined for forensic purpose, comprehensively assessed and receive all relevant therapeutic services from appropriate professionals Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 2007 The Lanzarote Convention on Protection of children against sexual exploitation and sexual abuse Article 30 - Principles 1. Each Party shall take the necessary legislative or other measures to ensure that investigations and criminal proceedings are carried out in the best interests and respecting the rights of the child. 2. Each Party shall adopt a protective approach towards victims, ensuring that the investigations and criminal proceedings do not aggravate the trauma experienced by the child and that the criminal justice response is followed by assistance, where appropriate. 3. Each Party shall ensure that the investigations and criminal proceedings are treated as priority and carried out without any unjustified delay Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 2007 The Lanzarote Convention on Protection of children against sexual exploitation and sexual abuse Article 31 - General measures of protection Each Party shall take the necessary legislative or other measures to protect the rights and interests of victims, including their special needs as witnesses, at all stages of investigations and criminal proceedings, Article 34 - Investigations Each Party shall adopt such measures as may be necessary to ensure that persons, units or services in charge of investigations are specialised in the field of combating sexual exploitation and sexual abuse of children or that persons are trained for this purpose. Such units or services shall have adequate financial resources. Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 2007 The Lanzarote Convention on Protection of children against sexual exploitation and sexual abuse Article 35 - Interviews with the child Each Party shall take the necessary legislative or other measures to ensure that: interviews with the child take place without unjustified delay after the facts have been reported to the competent authorities; interviews with the child take place, where necessary, in premises designed or adapted for this purpose; interviews with the child are carried out by professionals trained for this purpose; the same persons, if possible and where appropriate, conduct all interviews with the child; the number of interviews is as limited as possible and in so far as strictly necessary for the purpose of criminal proceedings; Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 2007 The Lanzarote Convention on Protection of children against sexual exploitation and sexual abuse 2. Each Party shall take the necessary legislative or other measures to ensure that all interviews with the victim or, where appropriate, those with a child witness, may be videotaped and that these videotaped interviews may be accepted as evidence during the court proceedings, according to the rules provided by its internal law. Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 2007 The Lanzarote Committee’s Recommendations following the first monitoring round on protection of children against sexual abuse in the circle of trust The intervening players need coordination and collaboration Arrange the interview of the child victim in a child friendly setting separate from the usual premises where investigations and interviews are conducted ( such as police, hospitals or court premises) by taking into consideration the best practices in the field Ensure that interviewing staff has undergone suitable qualifying training Conduct the interview as soon as possible after the offence Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 2007 The Lanzarote Committee’s Recommendations following the first monitoring round on protection of children against sexual abuse in the circle of trust Limit the duration and number of interviews and take into account the child’s age and attention span (only where absolutely indispensable interview more than one time, with the same interviewer and under the same conditions) Offer the defence the possibility of contesting the child’s disclosure during the interview by asking questions Make systematic use of video equipment to record the interview Provide assistance intended for child victims of sexual abuse in their circle of trust, once the criminal justice decision is taken Claude Janizzi, COE Lanzarote Committee, 2017

Claude Janizzi, COE Lanzarote Committee, 2017 Conclusions The Council of Europe, in the Council’s guidelines on integrated strategies and on child-friendly justice, as well as in the Council’s Lanzarote Convention Considers the Barnahus/ Children’s house/ Child Advocacy Center - model as a best practice Promotes the model towards all the member states of the Council of Europe Includes the main characteristics of the model in all relevant conventions, guidelines and awareness raising activities Claude Janizzi, COE Lanzarote Committee, 2017