Introduction

Introduction

Child protection system reform

Child protection system reform

Issue

Issue

Action

Action

Impact

Impact

Juvenile Justice

Juvenile Justice

Issue

Issue

Action

Action

Impact

Impact

 

Issue

Juvenile justice systems need to be reformed, if not created, in every country in Eastern Europe and Central Asia. This fact is confirmed by the Committee on the Rights of the Child, which notes in its ‘Concluding Observations’ that provisions of law or practice in these countries are incompatible with international standards.*

Although reform is occurring and governments are working to align their systems with international standards, the process is slow. More signs of progress than of regression, coupled with visible examples of good practice, suggest that there is great potential for improvement. Many countries in the region are experiencing a decline in juvenile offending and a rise in economic growth. At the same time, child populations are shrinking, thereby strengthening the argument for investing in ‘human capital’. Sweeping political changes have resulted in increasing receptivity of governments to reform in all areas concerning human rights, further supported by the existence of an increasingly vibrant civil society.

Some concerns

• There is a serious lack of data on juvenile justice. Poor data collection systems, along with a lack of transparency and data sharing, mean that there is much we simply do not know.
• The period between arrest and conviction is a ‘twilight zone’, due to the lack of clear information about children arrested and held in police custody or pre-trial detention. ‘Deprivation of liberty’ is still the norm; sentencing children to deprivation of liberty is a common response to juvenile offending, often in the name of ‘rehabilitation’ or ‘education’ rather than purely as a ‘punitive’ measure.
• The use of alternative community-based sentences is being increasingly reported, and there are some examples of countries where legislative change has led to changes in responses.
• The placement of children in ‘protective custody’ is a sign of a failing system of care. Children may be taken into custody and placed in institutional care for their own ‘protection’.
• While awareness is growing for the need for prevention and rehabilitation, action is limited.
• The common approach of giving children the same type of adult sentences, but shorter – often deemed to be showing ‘leniency’ – is not necessarily in the best interest of the child, nor is it in the best interest of the victim or the community as a whole.

* The LOST IN THE JUSTICE SYSTEM – Children in Conflict with the Law in Eastern Europe and Central Asia report is based on data provided by National Statistical Offices from 20 countries in Central and Eastern Europe and the Commonwealth of Independent States (CEE/CIS) through the MONEE project. The report is also informed by additional studies undertaken in the region.