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Justice in Matters Involving Child Victims and Witnesses of Crime

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Justice in Matters Involving Child Victims and Witnesses of Crime Vienna International Centre, PO Box 500, 1400 Vienna, Austria Tel: +(43-1) 26060-0, Fax: +(43-1) 26060-5866, www.unodc.org Handbook for Professionals and Policymakers on Justice in matters involving child victims and witnesses of crime USD 32 United Nations publication ISBN 978-92-1-130289-9 Printed in Austria Sales No. E.10.IV.1 CRIMINAL JUSTICE HANDBOOK SERIES *0858376*V.08-58376—December 2010—1,350 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Handbook for Professionals and Policymakers on Justice Matters involving Child Victims and Witnesses of Crime CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS New York, 2009 Note Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. Information on uniform resource locators and Internet sites contained in the present publication are provided for the convenience of the reader and are correct at the time of issue. The United Nations takes no responsibility for the continued accuracy of that information or for the content of any external website. UNITED NATIONS PUBLICATION Sales No. E.10.IV.1 ISBN 978-92-1-130289-9 Contents Introduction ............................................................................................. 1 I. The best interests of the child .......................................................... 5 A. Domestic acknowledgement of the principle of the best interests of the child ................................................................. 6 B. Domestic implementation of the principle of the best interests of the child ................................................................. 8 II. The right to be treated with dignity and compassion......................... 13 A. Domestic acknowledgement of the right to be treated with dignity and compassion ..................................................... 14 B. Domestic implementation of the right to be treated with dignity and compassion ..................................................... 15 III. The right to be protected from discrimination .................................. 21 A. General protection of children from all forms of discrimination .. 22 B. Positive distinction ................................................................... 23 C. Irrelevance of the child’s age as a barrier to participation in the justice process ................................................................ 25 IV. The right to be informed ................................................................. 31 A. The right to be informed of available assistance and of the role of the child victim and witness in the justice process .................. 33 B. The right to be informed about the status of the case ................. 34 V. The right to be heard and to express views and concerns .................. 41 A. Domestic acknowledgement of the right of child victims to express views and concerns in criminal proceedings ............... 43 B. Issues on which child victims and witnesses may express their views and concerns ........................................................... 45 VI. The right to effective assistance ....................................................... 49 A. Assistance for the harmonious development of the child ............ 51 B. Assistance during the participation of child victims and witnesses in the justice process .................................................. 53 VII. The right to privacy ........................................................................ 59 A. Restricted disclosure ................................................................ 60 B. Restricted attendance ............................................................... 62 iii VIII. The right to be protected from hardship during the justice process ......... 65 A. Assistance of a support person during the justice process ................. 68 B. Providing certainty about the justice process ................................... 70 C. Guaranteeing the expeditiousness of the proceedings ....................... 73 D. Developing child-friendly procedures .............................................. 75 E. Limiting the child’s contacts with the justice process ........................ 79 F. Exempting the child from being confronted by the accused .............. 81 G. Ensuring child-sensitive questioning and preventing intimidation ..... 83 IX. The right to safety ................................................................................ 89 A. Reporting and investigating offences against children ....................... 90 B. Protective measures for children involved in the justice process ........ 91 X. The right to reparation .......................................................................... 95 XI. The right to special preventive measures ............................................... 101 A. Judicial prevention of offences against children at risk ..................... 102 B. Promoting awareness-raising, information and education for the prevention of offences against children at risk ...................... 103 XII. Implementation of the Guidelines ......................................................... 107 A. The training of professionals working with child victims and witnesses of crime ................................................................... 108 B. Cooperation in the enforcement of protective measures for child victims and witnesses ....................................................... 111 Annex— Sources relating to child victims and witnesses of crime .................... 119 iv Acknowledgements The present Handbook for Professionals and Policymakers on the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime was prepared for the United Nations Office on Drugs and Crime (UNODC) by Cyril Laucci, independent consultant. The Handbook was revised by a group of international experts representing all the main legal systems and regions, which met in Vienna on 24 and 25 May 2007. UNODC wishes to acknowledge the significant contributions made to the Handbook by the experts participating in that meeting: Alvaro A. Burgos Mata, Birgitta Engberg, Chris Graveson, Amod Kanth, Michel Lorcy, An Michels, Sharon Morris-Cummings, Jean-François Noël, Julia Sloth-Nielsen and Renate Winter. Amanda Melville and Anne Grandjean of the United Nations Children’s Fund provided extensive input to the Handbook during the drafting and revision process, as did Nadja Pollaert, Director of the International Bureau for Children’s Rights. Claudia Baroni and Anna Giudice Saget of UNODC guided the Handbook through to publication. UNODC wishes to acknowledge the contribution of the Governments of Canada and Sweden toward the development of this handbook. v Introduction In criminal justice systems, victims of crime are often forgotten. A fair, effective and humane criminal justice system is one that respects the fundamental rights of suspects and offenders, as well as those of victims, and that is based on the principle that victims should be adequately recognized and treated with respect for their dignity. Those categories of victim, including children, who are particu- larly vulnerable, either through their personal characteristics or through the cir- cumstances of the crime, should benefit from measures tailored to their situation. The United Nations Office on Drugs and Crime (UNODC) is the custodian of a growing body of United Nations standards and norms in crime prevention and criminal justice. These cover most areas of criminal justice reform and treatment of offenders and provide an evolving body of guidelines for Member States when reforming their criminal justice systems. In the area of treatment of children by the criminal justice system, they encompass the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules),1 the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines),2 the United Nations Rules for the Protection of Juveniles Deprived of their Liberty,3 and the Guidelines for Action on Children in the Criminal Justice System.4 In the area of protection of victims, the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,5 Economic and Social Council resolution 1989/57 on the implementation of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and the plan of action for the implementation of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power6 did not provide detailed and specific guidance on the treatment of children as victims or witnesses of crime. The Convention on the Rights of the Child,7 which has achieved almost univer- sal adherence, contains general provisions relating to child victims of abuse and 1 2 HANDBOOK ON JUSTICE IN MATTERS INVOLVING CHILD VICTIMS AND WITNESSES OF CRIME juvenile justice.8 Relevant provisions for the protection of victims are also contained in various legally binding international instruments, such as the Rome Statute of the International Criminal Court,9 the United Nations Convention against Transnational Organized Crime and the Protocols thereto,10 as well as the United Nations Convention against Corruption.11 In its resolution 2005/20, the Economic and Social Council adopted the Guide- lines on Justice in Matters involving Child Victims and Witnesses of Crime (hereinafter referred to as the “Guidelines”). The Guidelines filled an important gap in international
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