ENOC STUDY REPORT ON NATIONAL HUMAN RIGHTS INSTITUTIONS AND CHILD/JUVENILE DELINQUENCY ENOC Study report on National Human Rights Institutions and Child/Juvenile Delinquency ENOC SURVEY 2012 Prepared by Nevena Vuckovic Sahovic September 2012 REPORT

The questionnaire  Structure of the Questionnaire:  The questions were grouped into three chapters: Chapter one, dealing with basic information on the protection of the rights of C/JD in ENOC members’ States; Chapter two dealing with the role of NHRIs in the implementation of general measures needed for the realization of the rights of C/JD and Chapter three dealing specifically with the role of NHRIs in monitoring and evaluation of prevention and intervention in the area relevant for C/JD.  Each Chapter was divided into sections.  21 questionnaires out of 42 member institutions in 34 countries

21 Responses received from 1. Belgium (Flanders and French community) 2. Catalonia 3. Cyprus 4. Denmark 5. England 6. Finland 7. France 8. Greece 9. Hungary 10. Ireland 11. Lithuania 12. Luxembourg 13. Malta 14. Moldova 15. Northern Ireland 16. Norway 17. Poland 18. Scotland 19. Serbia 20. Scotland 21. Wales

Structure of the Report  The report follows the structure of the questionnaires and is thus divided in three Chapters and sections within.  Chapter one: the Report reflects ENOC members’ assessment of what their States are doing to protect rights of C/JDs.  Chapter 2 & Chapter 3: the Report reflects ENOC members’ inputs on their roles in protection of the rights of C/JDs.

The review and opportunities for ENOC  The results of the survey provides ENOC with an opportunity to assess how the network can strengthen its efforts in advocating further implementation of international and national standards in the area of child rights and rights of C/JDs.

Terminology  Juvenile justice  Child/juvenile delinquents  Violence against children  Monitoring child rights

Basic international standards and material used for the survey  The Convention on the Rights of the Child  The United Nations Guidelines for the Prevention of Juvenile Delinquency  United Nations Standard Minimum Rules for the Administration of Juvenile Justice  The United Nations Rules for the Protection of Juveniles Deprived of their Liberty  The United Nations Standard Minimum Rules for Non-custodial Measures  The United Nations Guidelines for Action on Children in the Criminal Justice System  The United Nations Basic Principles on the use of Restorative Justice Programmes in Criminal Matters  The United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime  The General Comment No. 10 (2007): Children’s rights in juvenile justice, Committee on the Rights of the Child  The General Comment No. 2 (2002): The role of independent national human rights institutions in the promotion and protection of the rights of the child.  General Comment No 5 (2005): General measures of implementation of the Convention on the Rights of the Child.  UNODC, UNICEF: Manual for measurement of juvenile justice indicators, UN, UNODC; New York, Vienna; 2007.

General impressions  A list of general impressions is provided, based to a great extent on the comments by ENOC members. They are further developed in the recommendations within each section of this report. It is intended for ENOC members to work with, supplement and improve this list as well as the recommendations.

General impressions  The States:  There seems to be a large discrepancy between law and practice  There is a lack of well tailored practices  Legislation in most of the States has to be improved  A systematic review of placement of C/JDs is often missing  Children do not benefit sufficiently from complaint procedures (not aware, not accessible)  There is an overall lack of data on C/JDs

General impressions  NHRIs:  Need better funding to deal with C/JDs  Need more trained staff  Need broader mandates, so as to allow for a more proactive approach to monitoring and protection of rights of C/JDs  Need to improve cooperation with each other and within ENOC

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