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+ Are the CFJ Guidelines applicable in the international arena Why do States want to consider reforming the way they approach child justice? What is the framework when starting on that process? UN Convention on the Rights of the Child, UN Minimum Standards and Norms of JJ: Beijing Rules, Riyadh Guidelines and the Havana Rules CRC General Comment No 10 and Guidelines on Child Victims and Witnesses Role of the CFJ Guidelines?
+ Do the CFJ take us much further? Not really – para 16 memorandum states that guidelines are intended to be a practical tool, with good practice and solutions to remedy legal lacuna more a collation of instruments than a move forward; The explanatory memorandum: perhaps too ‘balanced’ and nuanced? Doesn’t really take into account the extent of the lack of child justice frameworks, poor levels of legal and social worker skills and knowledge and lack of alternatives for children: aimed at a developed state
+ Do CFJ Guidelines have relevance? Yes, helpful but only to an extent MACR: Not mentioned in Explanatory Memorandum but CRC Committee guidance followed and lowest MACR considered to be 12 Memorandum notes ENOC advocates 18 – would not be a good idea in ex CEE/CIS States, Asia or SE Asia as this would most likely lead to administrative detention In Africa have to take into account cultural methods of dealing with offending – 18 too old as MACR. Better to focus on approaches / sanctions that can be imposed
+ CFJ before judicial proceedings The Explanatory Memorandum gives equivocal advice suggesting that while diversion can be good, an appearance in court with CFJ procedures can be equally acceptable. This would not be the case in a developing state: important to keep children out of the criminal justice system and place them in community based diversion programmes; Must provide sane level of safeguards for diversion as for judicial proceedings: Guideline 26 – realistic / more in the memorandum? Great emphasis on restorative justice in UN approach, not matched in CFJ – are the UN right?
+ Right to be heard few defence lawyers, untrained judges and prosecutors, few social workers: how is the right to be heard to be realised? Difficult to afford legal representation for children for most states at all stages of proceedings, particularly in civil proceedings so what other mechanisms could be used? Referral to Guardians ad litem in the CFJ but raises a cost issue once more: greater acceptance of volunteer and semi- professional input (‘other appropriate assistance’?)
+ What benefit could CFJ have for international development? Data collection very useful, but is EU data collection too complicated? What information do we really want and need for CFJ reform? Provide empirical evidence on costs of reform including payment of the lawyers involved More evidence on how much and what sort of training is effective More on how to keep skilled professionals in the system Provide research results on alternatives to judicial proceedings More focus on procedure?
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