[MUSIC] How did the guidelines to child friendly justice come about? >> The guidelines they responded to a clear need for progress, as had been underlined by the case law of the European Court of Human Rights. Where cases where children were involved had come before the European Court. And it was clear that there was a strong need for the justice system to look at the child that is in the justice proceeding as a real right holder. It became so important that in 2007, at a conference of Ministers of Justice, where the 47 Ministers of Justice of the Council of Europe member states. Met and they decided that they agreed with this need, and they instructed the Council of Europe through one of its intergovernmental committees to draft very practical guidelines for member states. To understand what are the international legal norms that apply to children in justice. And also to help the countries to understand where they would meet to make more progress in for the child to be able to really be real part of the justice system. >> And what are the most important aspects of the guidelines >> Well, the most important aspect of the guidelines is that they really map out in very practical ways, how, in what kind of setting the child is. So for example, there are first of all, fundamental principles that the justice system needs to be aware of when a child is part of the proceedings. For example, participation of the child. The child needs to have access to the justice system, the child needs to be able to express it's views. It due weight needs to be given to the views of the child, so the child really needs to be listened to. We always of course have to evaluate the best interest of the child in such proceedings. To respect all of the right of the child, not just the legal rights. The dignity of the child needs to be respected, its integrity, and it needs to really be a real actor in the justice proceedings. The child needs to be protected from discrimination because of course children, they are different. Some of them are from national minority, so some children are disabled to have disability and that needs to be considered as well. There need to be a real multi-sectoral approach, so that it is not just the judiciary. But it is also the social services and professionals that have to help the child to go through the justice proceedings. And the second point is really the process, so we have before the proceedings. Their are certain rights that have to be respected, during and also after the proceedings. So, for example before the preceding, the child needs to be informed of their rights. They need to be informed of the right in a child friendly language. They need to be hard in the decision that affect them, and to have their views taken seriously as I mentioned. They need to be dealt with by professional that have very specific training to interview the child. And they need to be respected by the police if a child has committed a crime. They need to feel respect for the police, and of course they should only be detained if that is really the last alternative. And during the proceedings themselves, children should really know what to expect, they should know what the courtroom looks like. They should know the name of the judge. The judge should not be dressed up in a special suit of a magistrate with a wig for example. So the setting itself, they need to be prepared for that and they should actually they should not be intimidated by the court setting. And there are also special rules that should apply to those that have been victims or have been hurt by the crime during the proceedings. The environments needs to be child friendly. And the child should for example not have to come face to face with someone that has inflicted a violence upon the child domestic violence or sexual violence. The child should not have to give witness in front of that individual. Video recordings are also something which is considered to be very child friendly and it helpful in proceedings. And also is really proven that a child that gives testimony in a child friendly setting, the testimony is much more credible. And it is much easier of course for the child to speak of especially in situation where the child has been a victim of crime. After the court proceedings, that's also very important step, decisions should really be explained to the child. So, the child should understand what the judge decided and the child should also have the opportunity of being able to complain about that decision. He shouldn't, there should be a dialogue and support. So, I think that, what is also very important in a child friendly justice guidelines is the need for privacy of the child. So we have to be careful, for example, that national or local media doesn't cover and identify the child. That is something, that is a very important point especially for child, children that had. Have committed a crime or all children that have been victims of sexual violence for example. I think those are sorts of the general settings. Where we have to be very careful of how the judiciary conduct proceeding where child is involved. >> So, we have the guidelines now, for five years. >> Yes. >> What would you say is the impact of the guidelines we had the delivery of justice? >> I think that, we need to look at this as a process first of all and it is not an easy one-off thing. This is something which is going to take a long, a time for the justice system which of course in every country is independent. But they need to understand that there is a need for us to make change. I think that the guidelines have really they have in my view been given unprecedented support by other international organizations. By non-governmental organizations, by professionals, by academics who all believed in child friendly justice. So we see projects being developed all across Europe and even beyond Europe. Because we have child justice being developed also in Africa and South America, which is excellent. And all of this is of course built on the UNCRC and the work of the Convention for the Rights of the Child. But I think that we can see for example, I can give you a concrete example. The in partnership with the European Union, the European Commission on the Fundamental Rights Agency. Very important reports, have just recently been finalized which mapped out the justice system and looked at how child friendly the justice system was or is or is not. And one of the studies or all of the studies are fairly clear that there still an important need for us to continue to make sure that the legal system is in line with the guidelines. So that the judiciary has the authority and the possibility to receive the child in a child friendly setting and to interview the child. So I think that the there are important gaps which we have realized are taking place, in the country. So we have for example, in a single country the child from the justice process is very very different. And this is not something that we can. We can accept children should all have the same access to justice, and it should be child-friendly. There are programs which are being put in place in some of our members states, where police officers are being trained. There are networks of child-friendly justice professionals and police which is being setup. And academics that are working on child friendly justice. We have projects which are being prepared to support persons that go in to facilities where children are detained. To help them to better interview a child that is deprived of liberty. And this is all inspired by the child friendly justice guidelines and we can also look at the Lanzarote Committee. Which is the committee of experts which evaluates, or monitors, the implementation of the Lanzarote Convention. Which protects children from sexual exploitation and sexual abuse. And this committee is also looking at and evaluating how our member states are how child friendly the justice system is in those member states that have ratified the convention. And in the rules of procedure of the committee they are invited to look also at the child friendliness of the setting. And the impact of this is quite interesting because we can see that in Europe today. Countries are beginning more and more to set up child's friendly house which are specific houses or apartments in normal apartment buildings. Which the authorities or non governmental organizations have provide to the judiciary where the judges, where the lawyers. Where the social services, the psychologist can come together to group around the child that has been a victim of sexual exploitation or sexual abuse. So that the child is not traumatized to by [COUGH] having to go to interviews. So when it has been a victim of sexual abuse, for example in the family, it's all of the professional's group around the child. So that it doesn't have to explain it's story ten to 15 times because of course that's extremely traumatizing to a child. And I think that all of this studies is also by fundamental right agency and have been very beneficial to us. Because they've illustrated the gaps which of course are an opportunity for us to continue to work on child friendly justice. >> And do these gaps actually signify obstacles to making justice more child friendly? >> Yes, yes, I think we see that a lot more awareness is exists where in criminal proceedings. We see gaps and civil under especially in administrative proceeding, I think the administrative proceedings are the weakest area of the justice system. That's what the studies have illustrated in civil proceeding, the child has a voice, but it's perhaps not sufficiently well organised. We have just had a case by a judgment delivered on the third of September by the European Court of Human Rights where in the case of M and M vs. Croatia of third of September where in a domestic violence Case in Croatia. The European Court of Human Rights considered that the proceedings had been not child friendly enough. Because the child who at the time was 13 years old, did not have the opportunity to express itself sufficiently. So we can see that we need legislation. But we also need that little legislation to become apparent in judgements of the national courts. And we are very happy that the European Court of Human Rights has put a focus on this and its most recent judgement. >> And where the Council of Europe be working on the existing guidelines developing them further in order to plug some of the holes. >> Yes, I think that we will continue the child friendly justice is go to continue to be a priority for the Council of Europe. We are now in the final stage of adopting or finalizing our new strategy for the rights of the child. And of course the child friendly justice is going to be one of our top priorities. I think that we can still continue to develop training tools, for professionals on how they can interview children. I think we can still develop tools where, which help children understand what their rights are in the justice system. We've already made a few products the Fundamental Rights Agency has done a video on child friendly justice. The Council of Europe is finalizing its video charge of justice as well together with NGOs. And we also have a new tool for children to understand what is sexual abuse and how they should be treated in a justice system if they have to report or if they feel like they have been victims of sexual violence. So, there are still a lot of work for us to do but. We will continue to do that together with other international organizations and the academics and with non-governmental organizations. >> Thank you very much. >> Thank you. [MUSIC]
