Cédric Foussard International Juvenile Justice Observatory Cédric Foussard Director

Cédric Foussard Missing Children & Childfriendly justice 1. Links between justice system and missing children 1. Links between justice system and missing children 2. A group of children missing from the debate: those who interact with the juvenile justice system 2. A group of children missing from the debate: those who interact with the juvenile justice system

IJJO presentation IJJO: Foundation, based in Brussels Aims: Bring an international and interdisciplinary vision of juvenile justice Create multidisciplinary networks of experts to collaborate in the development of research and new initiatives. Promote international development strategies of appropriate policies, legislations and intervention methods. Our action lines : Prevention, Intervention measures, Social & professional inclusion Partners: NGOs Universities/ Research centres Public authorities Beneficiaries: minors and young people all over the world who are in situations of exclusion leading to conflict with the law

Cédric Foussard Missing Children & Childfriendly justice Missing children : Missing children : Child abduction for sexual/ comercial/ labor exploitationChild abduction for sexual/ comercial/ labor exploitation Developement of EU policy Developement of EU policy Voluntarly missing– Runaway childrenVoluntarly missing– Runaway children Little done at EU level Little done at EU level

Cédric Foussard Missing Children & Childfriendly justice 2011 EU Agenda for the RC recognizes: 2011 EU Agenda for the RC recognizes: Children may go missing regardless of their age, gender or social statusChildren may go missing regardless of their age, gender or social status Little knowledge about the reasons why children run away from home/or institutionsLittle knowledge about the reasons why children run away from home/or institutions Risks are enormous: risks to their safety, mental and physical health, well-being, etcRisks are enormous: risks to their safety, mental and physical health, well-being, etc Missing children can suffer violence and can be trafficked or exposed to begging,Missing children can suffer violence and can be trafficked or exposed to begging, prostitution and criminal activities prostitution and criminal activities Underline: The importance of CFJ Underline: The importance of CFJ

Cédric Foussard Missing Children & Childfriendly justice Child friendly Justice (CFJ): Child friendly Justice (CFJ): A CFJ aims to provide a range of strategies that can be used to adapt a legal proceeding to the particular circumstances of the child involved

Missing Children & Childfriendly justice Recent EC Communication, Strengthening Victimss Rights: Recognition children vulnerability, a criminal investigation is likely to be a traumatic process, especially if they have been victims of abuse, and special measures should be available to protect them EC will promote achild-friendly justice approach towards children involved in criminal proceedings

Cédric Foussard Missing Children & Childfriendly justice CFJ embraces the contradictories ideas that courts and legal proceeding can be : CFJ embraces the contradictories ideas that courts and legal proceeding can be : a tool to positively shape children's lives anda tool to positively shape children's lives and at the same time recognizes that they can be too often more a source of additional traumaat the same time recognizes that they can be too often more a source of additional trauma

Cédric Foussard Missing Children & Childfriendly justice 2. A group of children missing from the debate: those who interact with the juvenile justice system 2. A group of children missing from the debate: those who interact with the juvenile justice system

Cédric Foussard Missing Children & Childfriendly justice Missing children have high risk of being in contact with the juvenile justice system, as Missing children have high risk of being in contact with the juvenile justice system, as victimsvictims witnesseswitnesses offendersoffenders IMP: They meet a system that must understand and respect both their specific rights IMP: They meet a system that must understand and respect both their specific rights and their particular vulnerability. and their particular vulnerability.

Cédric Foussard Missing Children & Childfriendly justice Victims rights Professionals who might encounter child victims should receive appropriate training and be able to quickly refer them to designated points of contact in the legal system. Professionals who might encounter child victims should receive appropriate training and be able to quickly refer them to designated points of contact in the legal system. Steps should immediately be taken to protect child victims from further harm and to link them with services they may need to reach a full physical and psychological recovery. Steps should immediately be taken to protect child victims from further harm and to link them with services they may need to reach a full physical and psychological recovery. Free 24-hour helplines should be put in place to offer child victims a chance to discuss their options before bringing matters to the attention of authorities. Free 24-hour helplines should be put in place to offer child victims a chance to discuss their options before bringing matters to the attention of authorities.

Cédric Foussard Missing Children & Childfriendly justice Victims rights Children should be interviewed by trained professionals in the presence of trusted adults; the number of interviews should be kept to an absolute minimum; and, where multiple interviews are necessary, the same interviewer should conduct each session. Children should be interviewed by trained professionals in the presence of trusted adults; the number of interviews should be kept to an absolute minimum; and, where multiple interviews are necessary, the same interviewer should conduct each session. Children should not be forced to have contact with alleged perpetrators and, where appropriate, audio-visual or closed-circuit television technology should be made available to facilitate prerecorded testimony or live communication from a remote location. Children should not be forced to have contact with alleged perpetrators and, where appropriate, audio-visual or closed-circuit television technology should be made available to facilitate prerecorded testimony or live communication from a remote location.

Cédric Foussard Missing Children & Childfriendly justice Witnesses rights Children should be asked straightforward questions in language that they understand; techniques designed to test or confuse witnesses, as are frequently employed during cross-examination in adversarial legal systems, should be avoided. Children should be asked straightforward questions in language that they understand; techniques designed to test or confuse witnesses, as are frequently employed during cross-examination in adversarial legal systems, should be avoided. It should never be presumed that children's testimony or evidence is untrustworthy or inaccurate simply because it is not submitted by an adult. It should never be presumed that children's testimony or evidence is untrustworthy or inaccurate simply because it is not submitted by an adult. When a child agrees to testify in court, measures should be taken to keep the child at ease. When a child agrees to testify in court, measures should be taken to keep the child at ease.

Cédric Foussard Missing Children & Childfriendly justice Offenders rights Police officers and legal professionals should explain to children in a way that they can understand Police officers and legal professionals should explain to children in a way that they can understand Any child apprehended and suspected of wrongdoing should be given an immediate opportunity to contact a parent, guardian or trusted person and provided with access to a legal aid Any child apprehended and suspected of wrongdoing should be given an immediate opportunity to contact a parent, guardian or trusted person and provided with access to a legal aid Children should only be detained in exceptional circumstances and, where this is necessary, should never be detained alongside adults Children should only be detained in exceptional circumstances and, where this is necessary, should never be detained alongside adults

Missing Children & Childfriendly justice Recommendations to avoid missing right of the child Child friendly Justice is missing when children rights are dismissed Child friendly Justice is missing when children rights are dismissed More than others vulnerable groups, children hold specific rights that have to be included in all EU policies- as a horizontal issue More than others vulnerable groups, children hold specific rights that have to be included in all EU policies- as a horizontal issue It is important to maintain the momentum around the EU agenda to ensure that childrens rights are not missing in EU & national policies; in particular: It is important to maintain the momentum around the EU agenda to ensure that childrens rights are not missing in EU & national policies; in particular:. current Directive proposals. current Directive proposals. future civil and criminal justice instruments. future civil and criminal justice instruments Cédric Foussard

IJJO Greenpapers Implementation of international standards in European juvenile justice systems The social insertion of minors and young offenders, key in the fight against recidivism Measures of deprivation of liberty affecting child and young offenders: How can international standards of juvenile justice be promoted and alternative measures encouraged?'