FRA Press Release
Vienna, 22 February 2017
Child-friendly justice: the child’s perspective
Children involved in court
proceedings often feel scared,
ignored, and ill-informed, as a new
report from the European Union
Agency for Fundamental Rights
(FRA) shows. By asking children
across different EU Member States
about their experiences and views,
this ground-breaking report shows
how far we still have to go to make
our justice systems child-friendly.
“We are putting children who have already experienced or witnessed distressing
things into an unecessarily stressful situation. Both policymakers and practitioners
have to ensure that the anxieties of children involved in court proceedings are taken
seriously and kept to a minimum,”
says FRA Director
Michael O’Flaherty.
“This
report
gives clear guidance on means by which Member States can ensure that children’s
voices are really heard, and at the same time that they feel safe and protected.”
Some 2.5 million children across the EU are involved each year as victims, witnesses
or parties to judicial proceedings. These can be custodial battles in divorce
proceedings or cases of sexual abuse or exploitation.
The report ‘Child-friendly
justice: Perspectives and experiences of children involved in
judicial proceedings’
is based on interviews with 392 children. It both identifies the
barriers children face and possible solutions, as well as a number of promising
practices already in use in EU Member States.
Children underlined the importance of their right to be heard with understanding and
respect. This points to the need for clear and practical guidelines, as well as training
for all professionals who come into contact with children. The children also want to be
kept informed throughout the often lengthy proceedings about developments in the
case and about their own rights. This demonstrates the necessity of providing age-
appropriate information before, during and after trial.
It was clear from the interviews that many situations cause children to feel uncertain
and unsafe. Here it is vital to ensure that Member States have procedural safeguards
in place that cater to the needs of children, in extreme cases such as those
concerning domestic violence or sexual abuse but also in the many custody cases
around the EU. These safeguards can include child-friendly hearing locations, video
links or pre-recorded evidence, as well as protecting children’s personal data from the
media and public.
The findings are based on interviews with children in 9 Member States: Bulgaria,
Croatia, Estonia, France, Germany, Poland, Romania, Spain and the UK. It