International Legal Framework and Key challenges on Juvenile Justice ENOC 16th ANNUAL CONFERENCE AND GENERAL ASSEMBLY “Juvenile Delinquency – Child Friendl “Justice, Structures and Processes for Prevention and Intervention”. Cyprus, October 2012 Mr. Cédric Foussard, IJJO, Director International Affairs

Objectives Introducing important elements of international standards concerning juvenile justice focusing on the conditions of detention Introducing important elements of international standards concerning juvenile justice focusing on the conditions of detention Introducing key challenges on juvenile justice systems Introducing key challenges on juvenile justice systems

Juvenile Justice Legal Instruments

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 Juvenile Justice (Beijing Rules) (1985) UN Standard Minimum Rules for the Administration of 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 Liberty (Havana Rules) (1990) UN Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules) (1990) UN Standard Minimum Rules for Non-custodial Measures (Tokyo Rules) (1990) UN Standard Minimum Rules for Non-custodial Measures (Tokyo Rules) (1990) UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) (1990) UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) (1990) Guidelines for Action on Children in the Criminal Justice System (Vienna Guidelines) (1997) Guidelines for Action on Children in the Criminal Justice System (Vienna Guidelines) (1997) ILO Convention 182 concerning the Elimination and immediate prohibition of the Worst Forms of Child Labour (Convention 182) (1999) ILO Convention 182 concerning the Elimination and immediate prohibition of the Worst Forms of Child Labour (Convention 182) (1999) Optional Protocol to the Convention against Torture (OPCAT) (2006) Optional Protocol to the Convention against Torture (OPCAT) (2006) UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) (2010) UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) (2010)

CRC Provisions related to Juvenile Justice Article 37 Article 37  (a) : Neither capital punishment nor life imprisonment  (b) : Detention only as a measure of last resort and for the shortest appropriate period time  (c) : Separated from adults, maintain contact with family  (d) : Prompt access to legal and other appropriate assistance Article 39 Article 39  Promote physical and psychological recover and social 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 Detention

1.Rehabilitation and Reintegration  The primary purpose of detention must be the rehabilitation and reintegration of child rather than retribution or the protection of society  children must receive “care, protection and all necessary individual assistance that they may require in view of their age, sex and personality” in order to benefit from rehabilitation and successfully reintegrate into society. (BR 13.5 )  States should review sentences on a regular basis and determine whether further detention is necessary. (BR28) Conditions of Detention

2.Separation from Adults and Opposite Sex  Specifically designed for persons of their respective age unless it is not in their best interest (CRC 37(c))  Male and female juveniles to be detained separately (BR26.4, Bangkok Rules 36-39) 3.Living Conditions  Sleeping accommodations that should be unobtrusively supervised  Bedding appropriate for the climate  Storage and sanitary facilities  Personal clothing  Adequate food and drinking water (Section D of the HR)

Conditions of Detention 4.Contact with the Outside World  Right to maintain contact with his/her family through correspondence and visits (CRC 37(c))  An integral part of the right to fair and human treatment and is essential to the preparation of juveniles for their return to society (HR 59)  Encourage States to decentralise institutions (HR 30) 5.Healthcare Services  Right to enjoy the highest attainable standards of health and to facilities for the treatment of illness and rehabilitation (CRC 24) 6.Education, Vocational Training, Labour Opportunities  Children in detention facilities receive the same standard of education as their counterparts in the community (HR 38)  Right to receive vocational training to prepare for future employment (HR 42)

Conditions of Detention 7.Exercise and Recreational Activities  Right to a suitable amount of time for daily free exercise (HR 47)  Provide adequate space, installations and equipment for recreational, physical and leisure activities (HR 47) 8.Religion and Culture  Should be allowed to satisfy the needs of his or her religious and spiritual life, attending the services, possession of the necessary books or item of religious observance (HR 43) 9.Admission, Registration, and Records  A complete and secure record of these information should be 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, transfer or release of the child; (d) details of the notifications to parents and guardians on every admission, transfer or release of the child; (e) details of known physical and mental health problems, including drug and alcohol abuse (e) details of known physical and mental health problems, including drug and alcohol abuse (HR 21) (HR 21)

Conditions of Detention 10.Disciplinary Measures  No child shall be subjected to torture or other cruel, inhumane or degrading treatment or punishment (CRC 37(a) )  Punishment that may comprise the physical or mental health of children to be abolished (HR 67-68)  Restrict the use of restraints and the use of force against children in all forms of detention (HR Sec K) 11.Request and Complain Mechanism  Right to make requests or complaints to the director of the detention facility and to his/her authorised representative (HR75) 12.Detention Facility Staff  Staff should be professionally trained in order to carry out their responsibilities effectively (HR Sec V)

Key Challenges

1.Lack of Data and Statistics  A common challenge faced by many countries  Pre-requisite for the development of sound policies and programmes aimed to promote juvenile justice 2.Lack of Specialized Juvenile Justice Systems  Inadequate legal and policy framework  Inadequate organization and operational frameworks 3.Increasing Number of Children in Detention  Punitive approaches Increasing number of children  Majority is charged with petty crimes, first-time offenders

Key Challenges 4.Poor Conditions of Facilities  Lack of adequate space, lack of natural light and fresh air 5.Poor Healthcare Services  Generally substandard, underfunded and a shortage of staff and basic medications  Risk of spreading transmissible diseases 6.Treatment of Girls in Detention  Minority but deserve special protection  Often held together with adult women

Key Challenges 7.Lack of Social Reintegration Programmes and Services  Primary purpose must be the rehabilitation and reintegration  Inadequate recognition of the importance coupled with a lack of resources 8.Lack of Monitoring Mechanism  Essential to prevent violence, inhumane treatment and poor living conditions  Often closed to outside scrutiny 9.Violence in Detention Facilities  By staff, adult detainees, other child detainees and self-harm

Key Challenges 10.Low Priority  Does not appear to receive high attention by States  Allocated money generally be used to improve security, with very inadequate investment being made for social integration 11.Inadequate Staffing  Unqualified and poorly remunerated staff  Lack adequate knowledge of child and youth care practices 12.Lack of inter-institutional communication  Lack of adequate coordination and cooperation between different Government and justice institutions  Delays in the processing of cases

International Juvenile Justice Observatory International organization, recognized as a Belgian Foundation of public interest Brussels International organization, recognized as a Belgian Foundation of public interest Brussels IJJO Aims: IJJO Aims: To bring an international and interdisciplinary vision of juvenile justice To bring an international and interdisciplinary vision of juvenile justice To create multidisciplinary network of experts To create multidisciplinary network of experts To promote development strategies, policies and intervention methods To promote development strategies, policies and intervention methods Beneficiaries: Minors and young people at-risk of exclusion or in conflict with the law Beneficiaries: Minors and young people at-risk of exclusion or in conflict with the law The IJJO in the world: The IJJO in the world:

The 5th Biennial Conference of IJJO, London, 6-7 November 2012 “Criminality or social exclusion? Justice for children in divided world.” “Criminality or social exclusion? Justice for children in divided world.” The agenda will explore the themes of: The agenda will explore the themes of: Policy development for socially excluded children and young people in trouble; diversion and inclusion strategies. Policy development for socially excluded children and young people in trouble; diversion and inclusion strategies. Economic interventions, cost avoidance and value for money services Economic interventions, cost avoidance and value for money services Community and multi-agency interventions; social inclusion, crime reduction, alternatives to custody and custodial/decarceration programmes Community and multi-agency interventions; social inclusion, crime reduction, alternatives to custody and custodial/decarceration programmes Effective practice; direct/individual work with children, parents and families Effective practice; direct/individual work with children, parents and families

For further information: Mr. Cédric Foussard. International Juvenile Justcie Observatory Rue Mercelis, nº50, 1050 Brussels, Belgium Thank you for your attention!