The study conducted by the European Commission represents one of a kind in regards of its comprehensible reach to analyse juvenile justice trends among all EU Member States. In a detailed discussion on key findings from the throughout research, and depending on the availability of the data, the study presents a significant contribution to the understanding of children involvement in the criminal judicial proceedings, the diversity and suitability of best practices as well as remaining shortcomings in the effective implementation of universal procedural safeguards on the EU level.
The findings are presented in this study, following the international and European children’s rights standards as a framework. Especially, the study focuses on the implementation of the following 10 key safeguards by Member States:
- access to adapted proceedings;
- right to information and advice;
- right to be heard;
- ight to representation; right to protection of privacy;
- the best interests of the child;
- ultidisciplinary cooperation;
- training of professionals;
- monitoring mechanisms;
- access to remedies
The study provides an extensive amount of examples from existing national legislation, policies and institutional practices and ends with a list of recommendations for Member States.
In particular, the study recommends Member States to address the following issues:
1. Limitations and conditions currently attached to children’s access to the courts and to independent remedies in some MS should be removed;
2. Specialist courts should be set up to deal with all matters affecting and involving children;
3. Information about children’s rights should be adapted to children’s circumstances and made more widely available;
4. The right to be heard, currently most commonly recognised and realised in child protection and family law proceedings, should be implemented in all proceedings affecting and involving children. The widespread use of age limits should be reviewed and guidance should be issued to support professionals and court staff in their respect for children’s right to be heard;
5. The right to mandatory defence in criminal proceedings should be universally protected;
6. Children’s privacy rights need to be underpinned by law to ensure their more robust and widespread protection;
7. The best interest principle, not currently widely applicable beyond child protection and family law, needs to be widely implemented. The process of determining the child’s best interest needs be undertaken by means of a multidisciplinary process;
8. Training should be provided on a systematic basis to all professionals who work with and for children.
MS should also
- invest in data collection, especially disaggregated data, in order to document progress in the implementation of children’s rights in judicial proceedings;
- promote ways to document and share good practices at a national and at an EU level;
- look to develop initiatives to maximise the potential
Read the full report for more information.