Can anyone hear me? Improving juvenile justice systems in Europe: A toolkit for the training of professionals

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Improving juvenile justice systems in Europe: A toolkit for the training of professionals

Can anyone

hear me?

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AUTHORS:

Prof. dr. Ton Liefaard Dr. Stephanie Rap Apollonia Bolscher LL.M.

The International Juvenile Justice Observatory (IJJO) is an international organisation based in Brussels and recognised as a foundation of public interest. It works as an inter-disciplinary forum for sharing information, communication, debates, analysis and proposals focused on juvenile justice around the world.

This publication has been prepared by the Department of Child Law of Leiden University and is part of the European project “Improving Juvenile Justice Systems in Europe: Training for Professionals” (JUST/2013/

FRC/AG) led by the International Juvenile Justice Observatory and carried out in partnership with the Ludwig Boltzmann Institute of Human Rights (Austria); Hope for Children - UNCR Policy Centre (Cyprus);

Rubikon Centrum (Czech Republic); Association Diagrama (France); Greek Ministry of Justice (Greece);

Istituto Don Calabria (Italy); Providus Center (Latvia); Direção- Geral de Reinserção e Serviços Prisionais (Directorate General of Reintegration and Prison Service) (Portugal); Fundación Diagrama (Spain); Include Youth (N.I., United Kingdom); Finish Forum for Mediation (Finland); University College Cork (Ireland).

The IIJO would like to thank all the professionals who have contributed to this publication and provided inputs and insights at European and national level as experts concerning children and young people in conflict with the law. All of them have shared their knowledge and expertise generously with us.

This publication has been coordinated and published by the International Juvenile Justice Observatory

www.ijjo.org

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DIRECTOR OF PUBLICATION Dr. Francisco Legaz Cervantes Cédric Foussard

EDITORS Adélaïde Vanhove Sophie Duroy

DESIGN / PRINT:

IM Nova Gráfica www.imnova.com

IJJO APRIL 2016

Published by the International Juvenile Justice Observatory (IJJO)

50 Rue Mercelis, Brussels, 1050 (Belgium) oijj@oijj.org

ISBN: 978-2-930726-13-7 EAN: 9782930726137

Co-funded by Fundamental Rights and Citizenship Programme of the European Union

This publication has been produced with the financial support of the Fundamental Rights and Citizenship Programme of the European Union. The contents of this publication are the sole responsibility of the

‘Improving Juvenile Justice Systems in Europe: Training for Professionals’ project partners, and can in no way be taken to reflect the views of the European Union.

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Contents

Foreword 7

Acknowledgements 11

About this Toolkit 13

i. Introduction 13

- International children’s rights in juvenile justice 13

- Structure of the Toolkit and Manual 14

ii. How to use the Toolkit? 14

iii. Purpose and methods 15

- Objectives of the training 15

- Knowledge and skills 18

- Teaching methods 18

iv. Role of the trainer 19

v. Time schedule 20

Chapter 1. International and European standards in juvenile justice 25

i. Learning objectives 25

ii. Summary 25

iii. Preparation 26

iv. Time schedule 26

- Assignment 1.1 Participation of children in conflict with the law in juvenile justice proceedings 27 - Assignment 1.2 Introduction to international standards in juvenile justice 28 - Assignment 1.3 Introduction to European standards in juvenile justice 30

- Assignment 1.4 Juvenile justice and adolescent development 31

Chapter 2. General requirements 37

ii. Summary 37 iii. Preparation 37

- Assignment 2.1 Entitlement to specific proceedings 38

- Assignment 2.2 Right to legal or other assistance 39

- Assignment 2.3 The role of parents 42

Chapter 3. Effective participation 47

- Assignment 3.1 Right to information 48

- Assignment 3.2 Right to be heard 49

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Chapter 4. Communication skills 53

- Assignment 4.1 Setting 54

- Assignment 4.2 Conversation techniques 56

- Assignment 4.3 Language use and explanations 57

Chapter 5. Follow-up and support 61

- Assignment 5.1 Incorporating the voice of the child in decisions 62

- Assignment 5.2 Clarifying the decision 64

Annexes 67

i. Annex 1: United Nations Convention on the Rights of the Child. 69 ii. Annex 2: United Nations Standard Minimum Rules for the Administration

of Juvenile Justice (“The Beijing Rules”) 87

iii. Annex 3: Committee on the rights of the child, General Comment No. 10 (2007),

Children’s rights in juvenile justice 107

iv. Annex 4: Directive of the European Parliament and of the Council on procedural

safeguards for children who are suspects or accused persons in criminal proceedings 135 v. Annex 5: Guidelines of the Committee of Ministers of the Council of Europe

on child friendly justice 189

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Foreword

The European Commission states that approximately 1 million children face criminal justice proceedings in the EU each year (around 12% of the total).¹ In the context of a Study related to children involved in criminal, civil and administrative proceedings, the Commission has gathered data on child justice and its reports show wide variability in practice and procedure between States.²

While at the international level the United Nations Convention on the Rights of the Child³ (1989) is the instrument of reference regarding the protection of children’s rights, including those in conflict with the law, at the European level, the Council of Europe Guidelines on Child-Friendly Justice⁴ play an important role despite their non-binding character. Several other instruments have been developed by the Council of Europe (e.g. The European Rules for juvenile offenders subject to sanctions or measures⁵) and the European Union, notably thanks to the EU Agenda on the Rights of the Child⁶ adopted in 2011, in an attempt to regulate and harmonise children’s rights and juvenile justice systems in Europe.

This recent increase in protection is an ongoing process and the rates of implementation vary between Member States. Support and assistance for all stakeholders and actors on the rights of the child is necessary for a full implementation of EU legislation and Council of Europe Guidelines. A concrete improvement of juvenile justice systems in Europe can only happen through the effective participation of children in the procedures concerning them, but this cannot be done without proper training and knowledge about children’s rights, development and needs.

In December 2015, in the context of the EU Agenda on the Rights of the Child, the European Parliament agreed with the European Council on the text of a Directive of the European Parliament and of the Council on procedural safeguards for children who are suspects or accused persons in criminal proceedings.⁷ The EU Directive introduces measures designed to safeguard a package of rights in a manner consistent with the reasoning of the European Court of Human Rights⁸ and the Guidelines on Child-friendly Justice. The Directive’s purpose is “to establish procedural safeguards to ensure that children who are suspected or accused in criminal proceedings are able to understand and follow those proceedings, to enable such children to exercise their right to a fair trial and to prevent re-offending by children and foster their social integration” (Recital 1).

1 Commission Staff Working Document, 2013:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0480:FIN:EN:PDF

2 Summary of contextual overviews on children’s involvement in criminal judicial proceedings in the 28 Member States of the European Union, European Commission, 2015, available at: http://www.childreninjudicialproceedings.eu/

docs/EU%20Summary.pdf

3 UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol.

1577, p.3.

4 Council of Europe: Committee of Ministers, Guidelines of the Committee of Ministers of the Council of Europe on child-friend- ly justice, 2011.

5 Council of Europe: Committee of Ministers, Recommendation CM/Rec(2008)11 of the Committee of Ministers to member states on the European Rules for juvenile offenders subject to sanctions or measures, 5 November 2008, CM/Rec(2008)11.

6 European Commission (2011) Communication from the Commission to the European parliament, the Council, the Economic and Social Committee and the Committee of the Regions. An EU Agenda for the Rights of the Child.

7 Directive of the European Parliament and of the Council on procedural safeguards for children who are suspects or accused persons in criminal proceedings, 16 March 2016, 2013/0408 (COD).

8 The ECtHR which has stated that the right to a fair trial under Article 6 requires that: “a child charged with an offence is dealt with in a manner which takes full account of his age/level of maturity and intellectual and emotional capacities and that steps are taken to promote his ability to understand and participate in the proceeding” (T v. UKT v. UK, No.

24724/94, 16 December 1999, at [84]).

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The Directive provides a package of rights that children are to enjoy at every stage of the criminal justice system, including most importantly: the mandatory right to be assisted by a lawyer and the right to free legal aid; the right to an individual assessment; the rules on questioning; the provision for the child to take part in the proceedings; the compulsory special training for judges, law enforcement authorities and prison staff, lawyers and others who come into contact with children in their work; and the provisions on detention, under which children should be held on remand only where there is no alternative. In such cases, it must be ensured that the children are held separately from adults, except where it is in their best interests not to do so.

Regarding the rights of the child to be heard and to participate effectively in judicial proceedings, the Directive rises up to the level of protection provided by Article 6 ECHR⁹ (the right to a fair trial) and Articles 47 and 48 of the EU Charter of Fundamental Rights¹⁰ (Right to an effective remedy and to a fair trial; Presumption of innocence and right of defence). Article 16 confirms a child’s right to be present at, and participate effectively in, their own trial. This includes giving them the opportunity to be heard and to express their views. If a child is not present at their trial, the Directive provides the right to a new trial, or another legal remedy, in accordance with and under the conditions set out in the Directive on the presumption of innocence.¹¹ Moreover, the Directive introduces a requirement that appropriate measures should be taken to ensure that children are “always treated in a manner which protects their dignity and which is appropriate to their age, their special needs, their maturity and level of understanding, and bearing in mind any communication difficulties they may have” (Article 13 (2)). This Article ensures that child-friendly communication should become a requirement whenever a child is involved in a judicial procedure.

The Member States of the EU are bound by the legal obligations set forth in this Directive. Moreover, the Member States must comply with the Directive within 36 months after its entry into force.¹² The role of the IJJO in this context is to support Member States in this effort.

The International Juvenile Justice Observatory (IJJO) is an international organisation based in Brussels and recognised as a foundation of public interest. It works as an inter-disciplinary forum for sharing information, communication, debates, analysis and proposals focused on juvenile justice around the world. Through the European Council for Juvenile Justice (ECJJ), the IJJO formal network and think-tank for the European region, the IJJO participates in the improvement of juvenile justice in Europe. The ECJJ, of which all partners of the Improving project are members, has authored several publications, including a European Research on Juvenile Restorative Justice, four Green Papers and a White Paper on Improving Youth justice Systems during a time of Economic Crisis (2013), on which the Improving project is based.

The main objective of the project “Improving juvenile justice systems in Europe: Training for professionals” is to improve juvenile justice systems in Europe and to understand where they can be made more efficient and child-friendly, focusing on a better implementation of the Guidelines of the Council of Europe on Child Friendly Justice and other international and European standards. Led by the IJJO, the project is based on the recommendations made in the ECJJ White Paper on “Improving Youth justice Systems during a time of Economic Crisis” (2013). The White Paper highlights the need for more action to be taken at a local and national level, in particular, the need for more training of professionals and to form organised groups of stakeholders at a national level. Moreover, it is recommended that juvenile justice professionals should acquire specific knowledge concerning children’s rights, international and European standards and

9 C.f. footnote 8.

10 European Union, Charter of Fundamental Rights of the European Union, 26 October 2012, 2012/C 326/02 11 http://data.consilium.europa.eu/doc/document/ST-13471-2015-INIT/en/pdf

12 The Directive has been formally adopted by the Council on April 21st, 2016.

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9 communication with children in order to foster their re-integration.

Therefore, the project intends to put the voice of the child at the heart of juvenile justice systems by providing information, knowledge and training to juvenile justice national authorities and staff working with juvenile offenders at a European level. The project focuses on improving juvenile justice national systems and exchanging promising practices concerning juvenile offenders subject to sanctions or measures. This will promote a better implementation of international standards concerning children in conflict with the law. A training package composed of this Manual, a Toolkit for Professionals and a series of videos featuring young people in conflict with the law has been developed, and has been adapted into an online training course hosted on the International School of Juvenile Justice, the IJJO e-learning platform.

Through the two publications of this project, the Manual and the Toolkit, we expect to participate in the improvement of know-how, knowledge and good practices among juvenile justice stakeholders, with the underlying goal of effectively listening to the voice of children in conflict with the law.

The momentum created by the new Directive will certainly be an asset to the sustainability of the project’s results. In this context, the IJJO will endeavour to help Member States with the implementation of the Directive through continuous dissemination of the project’s training package, including the online training course, as well as tailor-made programmes of technical assistance.

The project also foresaw the creation of national coalitions in the partners’ countries as an important means to provide support and assistance to Member States in the implementation of the Directive, particularly Art. 19.¹³ These national coalitions involve important stakeholders on the rights of the child and juvenile justice systems, and constitute a pool of experts and advocacy actors at national level that can act together to disseminate knowledge and good practices and assist national authorities in the implementation of international norms.

In consequence, we expect these publications to be major assets in the implementation of the Directive, particularly the provisions regarding the right to be heard and to participate effectively in the proceedings.

They will provide law enforcement authorities, staff of detention facilities, the judiciary, prosecutors and lawyers with useful knowledge, skills and tools to communicate with children in an appropriate manner, which will allow them to participate fully in the proceedings and to have their voices heard. These are necessary prerequisites for children to trust the justice process, develop appropriately and avoid recidivism.

Dr. Francisco Legaz Cervantes, Chairman of the International Juvenile Justice Observatory Cédric Foussard, Director of International Affairs, International Juvenile Justice Observatory

13 Article 19 of the Directive states that:

‘Member States shall ensure that law enforcement authorities and staff of detention facilities who deal with cases involving children receive specific training to a level appropriate to their contact with children with regard to children’s legal rights, appropriate interviewing techniques, child psychology, and communication in a language adapted to the child’.

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Acknowledgements

The preparation of this toolkit would not have been possible without the expertise, research and knowledge of project partners. The Improving Juvenile Justice Systems project, which forms the basis of this manual, was undertaken in collaboration with partners from a number of jurisdictions, including the Ludwig Boltzmann Institute of Human Rights (Austria); Hope for Children - UNCR Policy Centre (Cyprus); Rubikon Centrum (Czech Republic); Association Diagrama (France); Greek Ministry of Justice (Greece); Istituto Don Calabria (Italy); Providus Center (Latvia); Direção- Geral de Reinserção e Serviços Prisionais (Directorate General of Reintegration and Prison Service - Portuguese Ministry of Justice) (Portugal); Fundación Diagrama (Spain); Include Youth (N.I., United Kingdom); Finish Forum for Mediation (Finland); University College Cork (Ireland).

Particular thanks are given to the experts whose help was invaluable in the definition of the project’s strategy, outputs and during the training of trainers: Prof. Maria-José Bernuz (Faculty of Law of Zaragoza, Spain), Florence Brion (Office of the General Delegates on Children´s Rights, Fédération Wallonie-Bruxelles, Belgium), Avril Calder (International Association of Youth and Family Judges and Magistrates), Prof.

Els Dumortier (Vrije Universiteit Brussels, Belgium), Annelies Hendriks (Consultant in child mediation and psychology, The Netherlands), Adrianne van Rheenen (Behavioral expert and child counsellor, The Netherlands), Roberto Rivello (former Manager of the HELP (Human Rights Education for Legal Professionals)Programme of the Council of Europe) and Dr. Ursina Weidkuhn (International Juvenile Justice Consultant, Switzerland). Thanks are also given to Cédric Foussard, Adélaïde Vanhove and Sophie Duroy of the IJJO for their continual support and collaboration in the preparation and review of this manual.

The IJJO and partners would particularly like to thank the consultants involved in the preparation of this manual: Professor Dr. Ton Liefaard, Dr. Stephanie Rap and Apollonia Bolscher LL.M. from the Department of Child Law of Leiden University (Netherlands).

Project partners would also like to thank the DG Justice of the European Commission for having supported this project, financed by the Fundamental Rights and Citizenship Programme.

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About this Toolkit

INTRODUCTION

INTERNATIONAL CHILDREN’S RIGHTS IN JUVENILE JUSTICE

In 2010 the Guidelines of the Council of Europe on Child-friendly Justice were published. These Guidelines aim to ensure that in all proceedings in which children are involved ‘all rights of children, among which the right to information, to representation, to participation and to protection, are fully respected with due consideration to the child’s level of maturity and understanding and to the circumstances of the case’

(para. I.3). The Guidelines provide a comprehensive overview of child-friendly practices to be implemented in criminal, civil or administrative law.

The main objective of the project “Improving juvenile justice systems in Europe: Training for professionals”

is to make juvenile justice systems in Europe more efficient and child-friendly, focusing on a better implementation of the Guidelines of the Council of Europe on Child-friendly Justice and other international and European standards. The project is based on the recommendations made in the IJJO White Paper entitled “Improving youth justice systems during a time of economic crisis” (Moore, 2013). The white paper highlights the need for more action to be taken at a local and national level, in particular, the need for more training of professionals and to form organised groups of stakeholders at a national level. Moreover, it is recommended that juvenile justice professionals acquire specific knowledge concerning children’s rights, international and European standards and communication with children in order to foster their re-integration. In this training special attention will be paid to the right of children in conflict with the law to be heard, their right to effective participation and how professionals who are involved in the juvenile justice process can improve their communication with children.

In 2015, the European Parliament agreed with the European Council to adopt the Directive of the European Parliament and of the Council on procedural safeguards for children who are suspects or accused persons in criminal proceedings.¹⁴ The EU Directive introduces measures that are meant to be consistent with the reasoning of the European Court of Human Rights and the Guidelines on Child-friendly Justice. Article 19 of the Directive states that:

‘Member States shall ensure that law enforcement authorities and staff of detention facilities who deal with cases involving children receive specific training to a level appropriate to their contact with children with regard to children’s legal rights, appropriate interviewing techniques, child psychology, and communication in a language adapted to the child’.

The Member States of the EU are bound by the legal obligations set forth in this Directive and must comply with the Directive within 36 months after its entry into force.

The Manual and Toolkit have the purpose of providing training to professionals working with children in conflict with the law, specifically geared towards improving their communication with children.

The Toolkit, divided into different chapters, will touch upon topics relating to children’s legal rights, interviewing techniques, communication, child psychology and pedagogical skills. The Toolkit aims to

14 Directive of the European Parliament and of the Council on procedural safeguards for children who are suspects or accused persons in criminal proceedings, 16 March 2016, 2013/0408 (COD). The Directive has been formally adopted by the Council on April 21st, 2016.

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provide information and to give further guidance on the implementation of the provisions of the new EU Directive. Information is provided with regard to the content of the Directive and how to implement the Directive in congruence with other relevant international and European standards in juvenile justice.

STRUCTURE OF THE TOOLKIT AND MANUAL

The Toolkit and Manual focus on promising practices and techniques related to child-friendly justice. The Toolkit and Manual aim to contribute to the dissemination of knowledge on and respect for the rights of the child in conflict with the law, both in informal and restorative justice procedures, as well as in formal procedures, such as court proceedings. Therefore, it should be noted that when the term ‘Juvenile Justice process’ is used this could also be read as mediation or restorative justice.

The training Toolkit and the Manual follow the same structure which reflects the content of the training.

Both documents cover the following topics:

• International and European standards in juvenile justice and adolescent development.

• General requirements; specific proceedings for children in conflict with the law, the role of legal or other assistance and the role of parents in juvenile justice.

• Effective participation; the right to information and the right to be heard.

• Communication skills; how to communicate effectively with children in conflict with the law.

• Follow-up and support; incorporating the views of children in conflict with the law in decisions and clarifying decisions.

In every chapter the implementation of the relevant international and European standards in practice will be attended to. Basic requirements are given as to how to implement the standards in the different phases of the juvenile justice process. The phases that will be distinguished are: the phase of arrest and police interrogation; the phase of court proceedings and trial; the phase of disposition; and the phase of pre- and post-trial detention.

Good practices are presented in the Manual that relate to the topics discussed in that particular chapter.

These practices serve as illustrations of how certain principles or legal provisions can be implemented in practice and were provided by the partner organisations. Therefore, these examples come from the countries of the partner organisations taking part in this project. These countries are: Austria, Cyprus, Czech Republic, Finland, France, Ireland, Italy, Latvia, Portugal and Spain. The partner organisations participating in this project are all members of the European Council for Juvenile Justice.¹⁵

HOW TO USE THE TOOLKIT?

This Toolkit was developed as part of the training programme “Improving juvenile justice systems in Europe:

Training for professionals”. The Toolkit acts as a practical guide for the trainer in shaping and executing the training programme. The structure of the Toolkit and Manual is largely the same, but in the Toolkit extra information is added for the trainers. Every chapter in the Toolkit starts with the following topics:

15 The partner organisations in this project are: Providus (Latvia), University College Cork (Ireland), Fundación Dia- grama (Spain), Ministry of Justice (Portugal), Hope for Children UNCRC (Cyprus), Finnish Forum for Mediation (Finland), Ludwig Boltzmann Institute of Human Rights (Austria), Ministry of Justice Transparency and Human Rights (Greece), Rubikon Centrum (Czech Republic),Istituto Don Calabria (Italy). Association Diagrama (France) and Include Youth (UK).

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• Learning objectives of the chapter.

• Preparation; the kind of substantive and practical preparation that is needed from the trainer.

• Summary of the chapter.

• Time schedule of the training session covering the chapter.

In addition to the Toolkit and Manual, the training package consists of video material. The three components of the training package should be used together in a training or national discussion day. The Manual is the textbook for participants and the Toolkit is the guide for trainers. The videos were developed by the Northern Ireland based NGO Include Youth, to illustrate several topics from the perspective of young people themselves. Several assignments in the Toolkit relate to the videos. The videos can be found here: http://www.oijj.org/en/improvingjjs-video

The Toolkit presents questions and exercises in each section of the different chapters focusing on the most important substantive and procedural issues addressed in that particular section. The questions are accompanied by model answers. The questions can be discussed with the participants during the training session or they can be worked on individually, for example as part of homework assignments. The exercises include interactive components requiring active involvement of the participants.

The Toolkit should be used by the trainer as a practical guide in setting up the training sessions or national discussion day. The questions and exercises serve as examples of what can be included in these sessions.

It should be noted that the trainer will probably not have enough time available to discuss every question or to conduct every exercise. It is advisable to adapt the execution of the training to the specific target group of professionals that participates in the training. The assignments are geared towards multi-agency groups, so professionals with different backgrounds should be able to participate in the training session or national discussion day.

PURPOSE AND METHODS

The Toolkit presents a comprehensive methodology concerning training and capacity building for professionals as well as a compendium of techniques related to knowledge concerning children’s rights in juvenile justice, child-friendly justice, adolescent development and skills related to working in groups, fostering child participation with children in conflict with the law.

OBJECTIVES OF THE TRAINING

It is important that the Toolkit is accompanied by a face-to-face training session or national discussion day, during which knowledge is disseminated and skills can be practiced. The purpose of the training is threefold:

• To familiarise the participants with the international and European children’s rights framework relating to juvenile justice.

• To make professionals aware of the importance of child participation in juvenile justice.

• To teach professionals skills to enhance child participation.

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The manner in which the objectives of the training can be met differ, according to the local situation and the target group of the training. The first two objectives do not necessarily have to be addressed in a classical training session, but can also be part of a national discussion day. This general day of discussion could focus on a larger audience of stakeholders and professionals who work with children in conflict with the law. The third objective is preferably addressed in a more practical and small-scaled training session or workshop.

In the following table the learning objectives per module are listed. Moreover, the assignments that relate to the particular learning objective are provided. The assignments are given the qualification of either applying to knowledge of the subject matter, understanding of the subject matter, application and practice skills of the subject matter in practice. These qualifications correspond to the three purposes of the training as listed above: the first purpose mainly applies to acquiring knowledge, the second purpose to understanding the subject, the third to solving (practical) problems and the fourth to applying skills in practice.

• Knowledge: to remember information and be able to reproduce this information.

• Understanding: to be able to summarise information and to explain it, using examples.

• Application: to use information to solve a problem, and find links between different pieces of information.

• Skills: practical skills that can be used when communicating with children in practice.

Module Learning objectives Assignment Taxonomy

1 The participants will gain knowledge on the issue concerning the participation of children in conflict with the law in the juvenile justice proceedings, including the importance of the right to be heard and the development of child-friendly justice in Europe.

1.1 Knowledge

The participants will become familiarised with the international standards in juvenile justice as part of international human rights law.

1.2 Understanding

The participants will become familiarised with the European

standards in juvenile justice. 1.3 Knowledge

Understanding

The participants will acquire basic knowledge and understanding on adolescent development in relation to juvenile justice.

1.4 Understanding

Knowledge Application 2 The participants will gain knowledge and understanding on

the institutional requirements of the juvenile justice process in order to be child-friendly.

2.1 Knowledge

The participants will become familiarised with legal safeguards in the juvenile justice system, in particular the right to legal and other appropriate assistance.

2.2 Knowledge

Application Knowledge

The participants will become familiarised with the role of

parents in the juvenile justice system. 2.3 Understanding

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17 3 The participants gain knowledge and understanding on the

right to information and its underpinnings in international and European law and standards.

3.1 Application

The participants gain knowledge and understanding on how to implement the right to information in the different phases of the juvenile justice process.

3.1 Application

The participants will gain knowledge and understanding on the right to be heard and its underpinnings in international and European law and standards.

3.2 Understanding

The participants will gain knowledge and understanding on the implementation of the right to be heard in the different phases of the juvenile justice process.

3.2 Understanding

The participants will gain knowledge and understanding on the implications of effective participation and how to implement this principle in practice.

3.1 / 3.2 Application / Understanding

4 The participants will gain knowledge and understanding on how to communicate effectively with children, from a non-legal perspective.

4.1 Application

The participants will gain knowledge and understanding on the preferred setting and atmosphere in which to communicate with children in conflict with the law.

4.1 Application

The participants will gain knowledge and understanding on conversation techniques that enhance the participation of children and will practice conversation technique skills to enhance the participation of children in conflict with the law.

4.2 Application /

Skills

The participants will gain knowledge and understanding on adapting language to children in conflict with the law and providing explanations and clarifications to children and practice the necessary skills to adapt the setting and atmosphere in which a conversation with a child is to be held.

4.3 Understanding

/ Application / Skills

5 The participants will gain knowledge and understanding on how to incorporate the voice of the child in decisions taken in the juvenile justice system and the underpinnings in international and European law and standards.

5.1 Knowledge /

Understanding

The participants will gain knowledge and understanding on how to incorporate the voice of the child in practice, when decisions are taken in different phases of the juvenile justice process.

5.1 Knowledge /

Understanding

The participants will gain knowledge and understanding on how to clarify decisions to the child and the underpinnings in international and European law and standards.

5.2 Application

The participants will gain knowledge and understanding on how to clarify decisions to children in conflict with the law, and the importance of adapting the clarification to the age and maturity of the child and practice skills in explaining procedures and decisions to children.

5.2 Application /

Skills

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KNOWLEDGE AND SKILLS

In order to contribute to juvenile justice systems in Europe that respect the rights of children and have a particular focus on child participation in juvenile justice proceedings, it is important that the professionals involved acquire certain knowledge and skills.

The knowledge professionals need Knowledge about:

• Core human rights, such as the right to a fair trial, the right to information and the right to be heard.

• Key concepts such as procedural safeguards, child participation and adolescent development.

• The international and European children’s rights instruments and their value.

• The design of specific proceedings for children in conflict with the law.

• The role of child participation in the different phases of the juvenile justice process.

The skills professionals need Skills in:

• Having an effective conversation with a child who is in conflict with the law, during which the child is able to give his or her views.

• Listening to children in conflict with the law.

• Conversation techniques to enhance the participation of children in conflict with the law.

• Explaining procedures and decisions to children in conflict with the law.

• Adapting the setting and atmosphere in which a conversation with a child in conflict with the law is to be held.

• Involving parents in the juvenile justice process.

TEACHING METHODS

Research on education and learning shows that the more interactive the method of teaching is, the more the participant will acquire and remember from the lesson that was taught. A one-way lecture in which knowledge is transferred from the lecturer to the participants is the least effective method; in general, only 5 to 10 percent of the knowledge is picked up by the participants. Exercises prepared in small groups, accompanied by presentations by the participants are far more effective, participants will remember up to 70 percent of the knowledge acquired. The same holds true for skills; when skills are practiced it is easier for participants to perform those skills in practice.

As explained above, in every chapter of the Toolkit exercises are included. The exercises make use of a range of interactive teaching methods.

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• Discussions with the group or in smaller subgroups.

• Brainstorming with the group or in smaller subgroups.

• Making a mind-map.

• Think-pair-share: think a question through individually, share answers in pairs and exchange with the group.

• Preparation of an exercise in pairs and presentation to the group.

• Quiz with multiple choice questions.

• Role-play.

• Watching a video and discussing afterwards.

• Interviews in pairs on certain topic.

When using interactive teaching methods, it is important to give the participants clear instructions before they start. They should know what is expected from them. Moreover, the goals of the exercise should be clear for the participants. This in turn influences the answers or output the trainer expects from the participants. Information on instructions, the goals of an exercise and model answers are provided in each of the chapters of the Toolkit.

ROLE OF THE TRAINER

As a trainer you are expected to guide the participant through the Manual. The participants can read the Manual before they start the training, but it is only when they are encouraged to discuss the content and to practice the skills that they will be able to truly acquire the knowledge and skills that are presented in the Manual. The trainer has the task to facilitate the learning process of the participants. The trainer should for example:

• Highlight relevant aspects of a certain chapter, depending on the target group of participants.

• Put the information in a broader perspective by focusing on the implementation in a specific regional context or work field of the participants.

• Facilitate discussions among participants.

• Give feedback on the exercises that are completed by the participants.

The trainer should be able to adapt the training to the needs of the participants as well as to his or her own personal style of teaching. Before and during the training the trainer must take into account the following:

• The background, knowledge, expertise and experiences of the participants.

• The dynamic of the group; attention and participation level in the group.

• The time available for an activity, the resources and the setting of the training.

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Knowing your target group (audience) is of vital importance for the success of the training. It is therefore advisable to collect information on the participants before you start the training. This can be done by asking the participants to send a short biography or CV. The content of the training and exercises can be adapted accordingly. The training package is developed for multi-agency groups. This means that both legal professionals and social professionals can participate in the training or national discussion day. It is important to devote extra time and attention to the legal and international children’s rights perspective when the target group consists of social professionals, since they might be less familiar with this topic.

During the training it is important to assess and to be aware of the group dynamic. It might be advisable for example to split the group into smaller groups, to enhance the participation of several participants.

Otherwise, you can put certain people apart from each other.

With regard to time and resources, each chapter explains what kind of preparation is needed in terms of resources, a time schedule and the setting for every exercise. The assignments can be selected on the basis of the target group; legal or social professionals or professionals who work directly with children and parents or professionals who work at a policy level.

As a trainer you should encourage the participants’ efforts to learn. Here are some more suggestions that can help you do so:

• Encourage everyone to participate; balance the participation in the group, to support and encourage everyone to get involved; this requires that participants feel at ease and that your classroom offers a safe environment in which they can participate freely.

• Take enough time to handle conflicting or differences in opinions; the purpose of activities is not that everyone agrees. Discussions can facilitate the learning process. Enough time should be made available to be able to understand each other’s viewpoints in a respectful and open atmosphere.

• Help participants in finding information and support, especially within the local context of their own organisation or country.

TIME SCHEDULE

As pointed out before, the training programme should include two days of training sessions or national discussion. During these two days, you can work on the realisation of the objectives of the training programme, that is: disseminating knowledge, awareness raising and skills training. If you focus on specific objectives only, you could limit the training or discussion day to one day at the time. This depends, among others, on the target group of the training session.

One way to organise the training session is to hold a discussion day with national stakeholders, for example, working at the policy level. The aim of this national discussion day should then be to familiarise and make professionals aware of the notion and significance of child participation in juvenile justice. During this day knowledge can be disseminated and information and experiences can be exchanged between the stakeholders.

The second day of training can be more geared towards skills training. Naturally, professionals who work directly with children and parents can benefit from acquiring practical skills in communication and how to enhance the participation of children in practice.

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Time Module Content

Day 1 – National discussion day

09h00-09h30 Introduction Introduction of the training programme, round of introductions

09h30-10h30 Module 1 General introduction to international and European children’s rights framework

10h30-10h45 Coffee break

10h45-12h00 Module 2 + 3 General introduction on how to facilitate effective child participation

12h00-13h00 Lunch

13h00-15h00 Discussion

session

How to implement the effective participation in practice: in the different stages of the juvenile justice process and/or by different actors in the field

15h15-16h15 Feedback

session What are the results of the discussion session and what are the steps taken to move forward with child participation? Is it possible to build a national coalition on child participation in juvenile justice?

Day 2 – Practical training session

09h00-09h30 Introduction Introduction of the training programme, round of introductions

09h30-10h30 Module 1 General introduction to international and European children’s rights framework

Effective participation

10h45-11h45 Module 2 + 3 General introduction on how to facilitate effective child participation

11h45-13h00 Lunch

13h00-14h30 Module 4 Communication skills: practical skills training in communicating with children

14h45-16h30 Module 5 Follow-up and support: practical skills training in communicating with children

16h30-17h00 Feedback ses-

sion Questions and evaluation

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CHAPTER 1

International and European standards

in juvenile justice

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Chapter 1. International and

European standards in juvenile justice

LEARNING OBJECTIVES

Corresponding general objectives of training:

• To familiarise the participants with the international and European children’s rights framework regarding juvenile justice (General objective 1).

• To make professionals aware of the importance of child participation in juvenile justice proceedings (General objective 2).

In this particular module the participants gain knowledge and insight on the following topics:

• The participants will gain knowledge about the issue concerning the participation of children in conflict with the law in juvenile justice proceedings, including the importance of the right to be heard and the development of child-friendly justice in Europe.

• The participants will become familiarised with the international standards in juvenile justice proceedings as part of international human rights law.

• The participants will become familiarised with the European standards in juvenile justice proceedings.

• The participants will acquire basic knowledge and understanding of adolescent development in relation to juvenile justice.

SUMMARY

The UN Convention on the Rights of the Child (CRC) was adopted in 1989 and recognises children as autonomous human right bearers. According to Article 12 CRC, children have the right to be heard in all matters affecting them. Naturally, this provision applies to children suspected or convicted of committing a criminal offence. Children do not only have the right to give their views, but they should also be able to learn from how their views have had an effect on the decision-making in juvenile justice proceedings. The core provision of international human rights law for children in conflict with the law is Article 40 of the CRC. Article 37 CRC is the core human rights provision for children deprived of their liberty and it recognises the impact of deprivation of liberty on children’s lives, as well as the need for a child-specific approach.

The Beijing Rules contain detailed minimum rules regulating the administration of juvenile justice at the domestic level and the Havana Rules contain guidelines for all minors deprived of their liberty.

At the European level, the right to a fair trial, enshrined in Article 6 of the European Convention in Hu- man Rights (ECHR) is of great importance. This provision is applicable to everyone, including children.

Moreover, the Council of Europe has developed a number of standards at the regional level. These include, among others, the 2008 European Rules for juvenile offenders subject to sanctions or measures (ERJO); and the adoption of the Guidelines on Child-friendly Justice in 2010. The Guidelines contain general elements of

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child-friendly justice. One of these elements is for children to be informed and given advice from their first involvement with the juvenile justice system and throughout the justice process. In 2015, the Euro- pean Parliament agreed with the Council of Europe to adopt the Directive of the European Parliament and of the Council on procedural safeguards for children who are suspects or accused persons in criminal proceedings.¹¹⁶ Case law of the European Court of Human Rights (ECtHR) contributes to a system that advances children’s rights in the juvenile justice system. In particular, the use of Article 12 and 40 CRC had a clear impact on the case law of the ECtHR.

This part of the toolkit also contains a reflection on the development of adolescents. The intellectual abil- ities of young people develop markedly; adolescents are able to think in more advanced, abstract, efficient and effective ways. However, adolescents are only capable of understanding what it means to appear before a judge when they are around the age of 14. Delinquent children have a higher risk of experiencing a range of problems, such as mental health problems and a low IQ.

PREPARATION

To prepare this module it is recommended to follow the steps below.

• Read the text as provided in the Manual carefully.

• Make use of a PowerPoint presentation to show the questions and the answers (afterwards).

• In the case of not being able to use a PowerPoint presentation, make sure to print the questions out for every participant.

TIME SCHEDULE

To be able to teach the contents of this module, in a three-hour long class, it is recommended to use the following time schedule:

Time Module Content

5 minutes Introduction Introduction of module and learning objectives 1.1 Participation of children in

conflict with the law

5 minutes Presentation of key terms and issues

15 minutes Discussion of assignment 1.1

1.2 International standards

15 minutes Presentation of key issues

10 minutes Preparation of assignment by participants

16 Directive of the European Parliament and of the Council on procedural safeguards for children who are suspects or accused persons in criminal proceedings, 16 March 2016, 2013/0408 (COD). The Directive has been formally adopted by the Coun- cil on April 21st, 2016.

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10 minutes Discussion of assignment 1.2

20 minute break

15 minutes 1.3 European standards Presentation of key issues

10 minutes Preparation of assignment by participants 1.3

10 minutes Discussion of assignment

15 minutes 1.4 Adolescent development Presentation of key issues

15 minutes Preparation of assignment 1.4, question 1-3 by partic-

ipants

15 minutes Discussion of questions 1-3

20 minutes Watch video and discuss question 4

ASSIGNMENT 1.1 - PARTICIPATION OF CHILDREN IN CONFLICT WITH THE LAW IN JUVENILE JUSTICE PROCEEDINGS

1.1.1 PARTICIPATION OF CHILDREN IN CONFLICT WITH THE LAW

PREPARATION

• Make use of a flipchart/white board/blackboard to make the mind-map.

QUESTION

This assignment can be carried out with all of the participants.

Draw a mind map, and in the middle, write; ‘participation of children in conflict with the law in ju- venile justice proceedings’.

An example of a mind map can be found here:

PRIVACY NON

DISCRIMINATION

RIGHT TO BE INFORMED

RIGHT TO BE HEARD

SUPPORTED BY A LAWYER

EFFECTIVE PARTICIPATION

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ASSIGNMENT 1.2 - INTRODUCTION TO INTERNATIONAL STANDARDS IN JUVENILE JUSTICE

1.2.1 THE PEDAGOGICAL APPROACH OF ARTICLE 40 CRC

PREPARATION

• Read Article 40 CRC.

• Read the Directive of the European Parliament and of the Council on procedural safeguards for children who are suspects or accused persons in criminal proceedings para. IV, art. 9, 14, 15.

• Read the Guidelines on Child-friendly Justice.

The CRC approach towards children in conflict with the law is based on two assumptions.

1) The first one is that every child is entitled to be treated fairly, with full respect for his or her human dignity and his or her right to a fair trial, including the right to effective participation and fair justice proceedings. Assumption 1: fair treatment.

2) The second assumption is that every child is entitled to be treated in a special and child-friendly way, which, among others, means that every juvenile justice intervention should aim to reintegrate the child in society in which he or she can play a constructive role. Assumption 2: special and child-friendly treatment.

The pedagogical aspects are thus important: children in conflict with the law should be able to learn from their mistakes and should receive means to prevent reoffending. And this should all be done in a fair manner.

QUESTION

A. Take a closer look at Article 40 CRC and clarify which elements of this provision belong to which assumption.

B. Have a look at the Directive of the European Parliament and of the Council on procedural safeguards for children who are suspects or accused persons in criminal proceedings para. IV, art. 9, 14, 15. Which elements would you consider to be part of the first assumption (fair trial) and which the second assumption (child-specific treatment)?

C. Have a look at the Guidelines on Child-friendly Justice. Which elements would you consider to be part of the first assumption (fair trial) and which the second assumption (child-specific treatment)?

ANSWER A.

Assumption 1:

Article 40 (2) of the CRC provides a list with due process rights that must in particular be awarded to every child alleged as, accused of or recognized as having infringed the penal law. These include (respect for):

• Principle of legality;