2nd Biennial conference on the STOP program

Slides:



Advertisements
Similar presentations
CRC The CRC provisions applicable to juvenile justice administration are: Article 37 - protection from torture Article 39 - rehabilitation and social reintegration.
Advertisements

STANDARDS OF CARE IN CUSTODY, AFTERCARE AND SOCIAL REINTEGRATION OF CHILD OFFENDERS.
Children in Prison From Convention to National Legislation: Legal Implementation of International Standards Bragi Guðbrandsson Government Agency for Child.
VICTIMS RIGHTS in EU law Daphne III – AG Call KICK-OFF Meeting 21 January 2013 Centre Albert Borschette, Brussels.
1 Providing robust data to support evidence based policies for child friendly justice.
CHILD-FRIENDLY JUSTICE GUIDELINES. Getting there (1) Gaps between law and practice CRC and ECHR Resolution No. 2 on Child-Friendly Justice (25-26 Oct.
Proactive Interventions: Incorporating a Children’s Rights Approach
PREVENTING VIOLENCE IN THE FAMILY DAPHNE III Programme ‘Preventing and combating violence against children, young people and women and to protect victims.
1 EASTERN CARIBBEAN SUPREME COURT /UNICEF SEMINAR ON JUSTICE FOR CHILDREN for Judiciary, Magistracy, Police and Social Workers in the Eastern Caribbean.
The Area of Liberty, Security and Justice. Objectives Free movement for EU citizens Security and safety in a Europe without borders Figth against international.
Hearing the child and taking account of his or her best interests: what do lawyers know? Thalia KrugerRome, 24 October 2014
EU responses to hate crimes and support to the victims Linda Maria Ravo DG Justice – European Commission Unit C1.
Strategies to prevent and respond to violence against children who are in contact with the justice system APJJC Second Meeting “Towards child-friendly.
P LANNING THE I MPLEMENTATION OF THE UN M ODEL S TRATEGIES – C HALLENGES AND P OSSIBLE S OLUTIONS.
6 December 2010 Judicial cooperation in the EU From mutual legal assistance to mutual recognition Adrienne Boerwinkel Senior Legal Adviser Dutch Ministry.
7 December 2010 Procedural rights of suspects and accused in the EU The Roadmap and its implementation Adrienne Boerwinkel Senior Legal Adviser Dutch Ministry.
Libby McVeigh Fair
Guardianship for children deprived of parental care A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking.
Legal Aid: A Right or a Privilege?. 2 + Sources of international law right to legal aid Scope of international law right to legal aid Canada’s duty to.
1 Critical issue module 6 Separated children in emergency settings.
M O D U L O IV M O D U L E IV. THE PRINCIPLE OF MUTUAL RECOGNITION AND ITS IMPLEMENTATION.
Child-friendly Justice – from the Aspect of the Ombudsman Dr. Ágnes Lux Office of the Commissioner for Fundamental Rights in Hungary September 2012.
Digitalization of courts in the context of mutual assistance in criminal matters Dr Arkadiusz Lach Department of Criminal Procedure University of Nicolaus.
A major step towards a Europe for Health Directive on patients’ rights in cross-border healthcare DG SANCO D2 Healthcare Systems.
Law Reform Commission Criminal Process Pre-Trial Procedures Pierre Rosario DOMINGUE Chief Executive Officer Wednesday, May 7,
VICTIMS’ RIGHTS New EU Directive establishing minimum standards on the rights, support and protection of victims of crime 20 September 2012 CABVIS Conference.
Chapter 4 Sentencing and punishment. In this chapter, you will look at the purposes and process of sentencing and the different factors affecting a sentencing.
Emma Grimley OVERVIEW: JUVENILE JUSTICE.  Combination of rules, institutions, and people involved in the control, punishment and rehabilitation of young.
Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Chapter 6:
17 October 2012 Migrant children in the Netherlands The policy on undocumented children, especially concerning youth care Mr.dr. Goos Cardol.
C H I L D J U S T I C E B I L L The National Programme of Action (NPA) for Children PRESENTATION BY CRYSTAL THERON.
Victims Rights and the Standing of victims in criminal procedures Focus in judicial cooperation lies traditionally on the investigating authorities and.
Overview of the Child Justice Act Lorenzo Wakefield Child Justice Alliance.
Chapter 5 Young offenders. In this chapter, you will look at how the law deals with young offenders. You will study the age of criminal responsibility.
YOUTH JUSTICE.
Transfrontier contact concerning children Regional Conference on the 1980 Hague Convention on the Civil Aspects of International Child Abduction Belgrade,
Juvenile Justice Justice Renate Winter. International Standards The UN Standard Minimum Rules for the Administration of Juvenile Justice, “the Beijing.
Criminal Law Lecture 5 Sources  Criminal Code (CAP 154) – Includes all major offences and criminal responsibility  Criminal Procedure Law (CAP 155)
Council of Europe Child Participation Assessment Tool Agnes von Maravic Children’s Rights Division Council of Europe Based on slides prepared by Gerison.
 International non-governmental organization founded in 1979 (International Year of the Child)  Forefront.
Domestic Violence In European Criminal Law Chair: Mike Kennedy Speakers: Rhiannon Evans, Supporting Justice Sara Chrzanowska, European Commission Dr Andrea.
Lost in Translations – An Examination of the Legal & Practical Problems Associated with the Implementation (or Non-Implementation) of Directive 2010/64/EU.
Domestic Violence Jeanette Smith Senior Crown Prosecutor.
The revised EU Reception Conditions Directive WHAT KIND OF RECEPTION CONDITIONS SHOULD BE MADE AVAILABLE FOR ASYLUM SEEKERS?
Claude JANIZZI Chairman of the Lanzarote Committee
Procedural Safeguards in Criminal Proceedings in the European Union in Practice Estella Baker Professor of European Criminal Law & Justice
Do now pg.59 1.What are all the steps in a criminal court case?
Introduction to the Florida Department of Juvenile Justice (DJJ)
Seeking Asylum BA International Relations Yang Ha Lim
Promise project – launching the European Barnahus movement
Presentation on “ Juvenile Justice System in Cambodia” in The 1st Meeting of the ASEAN Juvenile Organizing Committee (Bangkok from 1st- 4th.
JUVENILE JUSTICE: THE CARIBBEAN REALITY
EU Reference Centres for Animal Welfare
Council of Europe Child Participation Assessment Tool
The charter of rights and freedoms
HELP Developments & HELP course on Violence Against Women Ana Medarska-Lazova, Strasbourg, 18 October /12/2018.
Directive 2016/800 on procedural safeguards for children suspected or accused in criminal proceedings Steven Cras Political Administrator, General Secretariat.
Unlocking Children’s Rights
European Model for Restorative Justice with Children and Young People
Ministry of Social Security and Labour
CROSS BORDER GATHERING EVIDENCE
      Financed by the Justice Programme of the European Union STRENGTHENING LAWYERS LEGAL KNOWLEDGE AND COOPERATION WITH PROSECUTORS AND JUDGES,
Border Procedures for Minors
Funded by the Justice Programme of the European Union
Individual cases connected with protection against violence
Enhancing the Right to be
The reference for a preliminary ruling concerns the interpretation of Articles 2, 3 and 8 of Council Framework Decision 2001/220/JHA of 15 March 2001.
Dovilė Juodkaitė Inclusion Europe conference, Vilnius 6 June, 2019
Effective Alternatives to the Detention of Migrants
Presentation transcript:

2nd Biennial conference on the STOP program Procedural safeguards for children in criminal proceedings under EU law 2nd Biennial conference on the STOP program Dr. Ingrid BREIT, LLM Team-leader DG Justice and Consumers European Commission

Introduction About 1 million children in the EU are confronted with criminal justice every year. About 1,6% of prison population within EU are children.

Directive (EU) 2016/800 on procedural safeguards for children - Adoption on 11 May 2016 - Entry into application on 11 June 2019 Based on international standards, such as the UN CRC and the Guidelines of the Council of Europe on child-friendly justice Binding EU-wide (minimum) rules on procedural rights for children Part of "Procedural rights package" – 6 directives to strengthen the procedural rights of suspects and accused persons in EU (right to interpretation and translation, information, access to a lawyer, legal aid, presumption of innocence)

Directive (EU) 2016/800 on procedural safeguards for children Comprehensive protection of children at all stages of criminal proceedings until final conviction (not for execution phase) Particular attention to be given to preserve the child's potential for development and re-integration into society (Recital 9) The child's best interests must always be a primary consideration (Art.24(2) of EU Charter)

Scope The Directive applies only to criminal proceedings and children subject to European arrest warrant proceedings. The Directive does not apply to other types of proceedings, in particular proceedings which are specially designed for children and which could lead to protective, corrective or educative measures (See Recital 17),

Effective participation of a child Right to information: child and parent(s) or another appropriate adult to be informed promptly about procedural rights and general aspects of proceedings Access to a lawyer/Assistance by a lawyer: mandatory assistance for children in detention or when a decision on detention is taken and in serious and complex cases Legal aid: the effective exercise of the assistance by a lawyer to be ensured Individual Assessment: specific needs of children concerning protection, education and social integration to be taken into account

Deprivation of liberty – a measure of last resort

Deprivation of liberty – a measure of last resort - Particular vulnerability of children in pre-trial detention - Pre-trial detention does not diminish the risk of recidivism Deprivation of liberty should be a measure of last resort and limited to the shortest appropriate period of time. - Reasoned decision - judicial review by a court

Alternative measures All measures alternative to detention should be taken by the competent authorities where possible, But careful: also alternative measures can be intrusive tools!

Examples for alternative measures - Obligation to reside in a specific place/obligation to avoid certain places - Reporting obligations to the competent authorities - Restrictions concerning contacts with specific persons - Participation in therapeutic or addition programmes (alcohol or drug addicts)

Therapy is better than detention!

Specific Safeguards in case of deprivation of liberty Specific treatment in case of deprivation of liberty: Separation children-adults (unless it is considered to be in the child’s best interests not to do so) Police custody and pre-trial detention When a child turns 18, possible to continue separate detention “where warranted” Detention of children with “young adults”, unless this is contrary to the child’s best interest Number of other safeguards, such as access to education and training, right to family life etc. - linked: Right to medical examination

Other safeguards Audio-visual recording of questioning by police (proportionality test); Protection of privacy (court hearings may be held in the absence of public); Presence at court hearings (right to appear and participate in trial); Training: mandatory for law enforcement authorities and staff working in detention facilities; judges and prosecutors shall have specific competences or access to specific training.

Transposition and reporting Transposition by Member States by 11 June 2019 Several expert meetings with Member States Report to be submitted by European Commission by 11 June 2022 Commission funding possibilities for 2019

The Aim

Thank you for your attention! Contact: Ingrid.Breit@ec.europa.eu