Child-friendly justice - Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States
Around 2.5 million children participate in judicial proceedings across the European Union (EU) every year, affected by parental divorce or as victims of, or witnesses to, crime. Although their effective participation in such proceedings is vital for improving the operation of justice, the treatment of children in justice systems remains a concern. FRA investigated to what extent children’s rights to be heard, to be informed, to be protected, and to non-discrimination are fulfilled in practice.
This paper outlines key challenges and solutions when it comes to promoting and protecting victims’ rights across the EU. It draws on FRA research over the past decade. It focuses on reporting crime, protection from secondary victimisation, victim support services. The paper highlights challenges and solutions in each of these areas, drawing directly from FRA’s published work. The challenges are based on the Agency’s data gathered from large-scale quantitative surveys of victims and in-depth qualitative research, including testimonies from victims and practitioners. The solutions draw from effective practices in various EU countries that address the practical needs of victims and improve their access to rights.
The European Arrest Warrant (EAW) allows Member States to implement judicial decisions issued in another Member State. It applies to decisions such as arrests for the purpose of criminal prosecutions or the execution of custodial sentences. After being in force for over 20 years, FRA’s findings provide evidence for an assessment of the legislation in practice. This report looks at the fundamental rights challenges that people face who are requested through an EAW. It provides a unique insight into their experiences and those of the professionals involved. FRA’s findings indicate that shared challenges exist across EU Member States. They must increase efforts to ensure that people are able to take part in criminal proceedings and receive a fair trial.
Every child has a right to be protected even when they are accused or suspected of committing a crime. The basic principles of justice apply to adults and children alike. But children face specific obstacles during criminal proceedings, such as a lack of understandable information about their rights, limited legal support and poor treatment. The report looks at the practical implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings in nine Member States – Austria, Belgium, Bulgaria, Germany, Estonia, Italy, Malta, Poland and Portugal.
Children are full-fledged holders of rights. They are beneficiaries of all human and fundamental rights and subjects of special regulations, given their specific characteristics. This handbook aims to illustrate how European law and case law accommodate the specific interests and needs of children. It also considers the importance of parents and guardians or other legal representatives and makes reference, where appropriate, to situations in which rights and responsibilities are most prominently vested in children’s carers. It is a point of reference on both European Union (EU) and Council of Europe (CoE) law related to these subjects, explaining how each issue is regulated under EU law, including the Charter of Fundamental Rights of the European Union, as well as under the European Convention on Human Rights, the European Social Charter and other CoE instruments.
Child rights come first. Measures to ensure child protection and participation apply to all children in the EU. This brochure guides you to relevant FRA reports and tools that can support you when promoting and protecting the rights of all children in the EU.
Child rights come first. Measures to ensure child protection and participation apply to all children in the EU. This brochure guides you to relevant FRA reports and tools that can support you when promoting and protecting the rights of all children in the EU.
The treatment of children in justice systems remains a concern across the European Union (EU). With this checklist, FRA aims to help professionals by providing a list of actions that need to be taken for judicial proceedings to be child-friendly.
Each year thousands of children take part in criminal and civil judicial proceedings, affected by parental divorce
or as victims or witnesses to crime. Such proceedings can be stressful for anyone. The European Union Agency
for Fundamental Rights (FRA) investigated whether children’s rights are respected in these proceedings.
This document provides clear explanations for children of the key terms used in the child-friendly justice project. It explains what rights are and how these rights should be protected during legal proceedings.
This included extensive interviews with both professionals and children involved in judicial proceedings. The first report presented professionals' views. The current report focuses on the perspectives of children, outlining their views on factors that impede their full participation and on efforts that can help overcome such barriers. Like the first report, it underscores that much remains to be done to make justice across the EU truly child-friendly.