Child-Friendly Justice Assessment Tool

This Child-Friendly Justice (CFJ) Assessment Tool aims to support member states in meeting the standards for child-friendly justice in all situations in which children are likely to be brought into contact with the justice system, for whatever reason and in whatever capacity – as offenders, victims, witnesses or parties – in judicial proceedings (criminal, civil or administrative law) or non- judicial proceedings. The Assessment Tool is intended to assist member states in best implementing the Guidelines of the Committee of Ministers of the Council of Europe on Child-friendly Justice (hereinafter referred to as ‘the Guidelines’) and in best self-assessing their progress in doing so.
■The Guidelines define child-friendly justice as: “justice that is accessible, age appropriate, speedy, diligent, adapted to and focused on the needs and rights of the child, respecting the rights of the child including the rights to due process, to participate in and to understand the proceedings, to respect for private and family life and to integrity and dignity.”
■The Guidelines are meant to support Council of Europe member states in making their justice systems more child-friendly and respectful of children’s rights in line with the United Nations Convention on the Rights of the Child (UNCRC) and related international and European standards as well as with the case law of the European Court of Human Rights, notably through: “the provision of child-friendly information, advice, advocacy, including support for self-advocacy, and access to independent complaints procedures and to the courts with necessary legal and other assistance”. All relevant standards appear in the annex to the Tool.
■The CFJ Assessment Tool takes into account the key concerns expressed by children in consultations and research with and for children conducted during and since the drafting of the Guidelines, namely:
► Quality training of professionals working for and with children;
► Implementation and effectiveness of child-friendly justice mechanisms;
► The right of children to be heard and participate; and
► Children’s participation in the assessment of child justice systems.
■Across the diverse research projects covering children in different types of proceedings (mainly criminal and civil, less in administrative proceedings) and roles (victims, witnesses, parties, suspects, accused persons), we have consistently seen that their concerns relate to:
► not being properly informed and their understanding not being checked;
► not being adequately prepared;
► their particular needs not being considered;
► and, most of all, disrespectful or insensitive or unempathetic behaviour by professionals.
■This CFJ Assessment Tool is designed to help member states:
► best implement the Guidelines;
► understand and assess to what extent their justice system is child-friendly (identify what works well and what should be improved in the country);
► evaluate to what extent the various parties and professionals involved in the justice system are aware of and understand the principles of child-friendly justice and access to justice for children;
► identify their capacity-building needs and seek tailored solutions;
► ensure that the availability of information and data is improved and that data are collected regularly on child-friendly justice for sound policy making;
► establish a baseline as well as concrete and feasible national objectives to overcome existing gaps and challenges and measure progress over time;
► highlight, promote and share good practices.