Guide of Good Practices | | Movimento Globale per i Diritti dell’Infanzia
Guide of Good Practices
According to the European Commission, every year in the EU over 1 million children face criminal justice proceedings. While a legal system must pursue the rule of law and the principles of a fair trial, it is equally true that children suspected, accused and charged for a crime shall be protected and must enter into contact with a child-friendly justice.
The criminal proceedings are to be conceived as an opportunity for a young person to develop and to integrate in society. When it comes to children, the commission of a crime should be read primarily as the expression of a difficult condition and should constitute the opportunity, for the society, to recognize a possible critical situation and to address the issue.
For this purpose, juvenile criminal justice shall be sensitive to the needs and rights of the child.
The present Guide of Good Practices is conceived as a practical tool for professionals in the juvenile criminal justice system to easily understand and apply the basic standards that each child and young person should enjoy when entering into contact with justice. Stemming from the analysis of the relevant legislation (at the international, EU and national level), as well as research on the current implementation in practice of the Directive 2016/800/EU in six Member States, the Guide highlights the most important areas in which the respect of the Directive’s standards needs a particular attention.
Who this Guide is addressed to?
The juvenile criminal justice system is based on the work of multiple actors, each playing a crucial role in the well-being and development of children who enter into contact with this reality.
It is pivotal that these actors receive adequate guidance on how to work with children. It is equally crucial that the professionals involved perceive themselves as a part of a system, for which cooperation is essential to meet the targets for a child-friendly justice imposed by international and EU law.
This is the case of Police officers, Judges, Prosecutors, Lawyers, Probation officers, Social Services, Professional educators, Operators working in Juvenile Detention Centres and in Alternative Care Facilities.
The Letter of Rights
The Letter of Rights is an information vehicle for girls and boys in contact with criminal justice. Formulated on the basis of the results of the research and workshop activities, the Letter was submitted to a number of boys, girls and young adults as a participatory consultation, both in terms of content and language, as well as graphics.
The hope is that the Letter will be made available to boys and girls in alternative care facilities, first reception centres, police stations, etc., as a tool to inform them about their rights from the first contact with the justice system. In order for the Letter to achieve its purpose, professionals and practitioners should ensure that it is possibly accompanied by an explanatory discussion and assistance in assimilating and understanding its contents.