Toolkit on Diversion and Alternatives to Detention

Steps for implementation

 
 

Planning and Implementation

• Introduction
• Structure
• Key things to consider
• General resources on planning & implementation
 
Introduction
As highlighted in the 'main principles' section of the toolkit, planning and implementation for diversion and alternatives must be founded on a child rights-based and systemic approach. The mapping and planning tool  introduced previously (in the context of the systemic approach) can help to focus efforts on these approaches. Within this overall context, the 'indicator' diagram  introduced in the evaluation section (and adapted here to demonstrate participatory planning and implementation rather than evaluation) can help with the development of specific programme indicators. The result of these planning efforts will result in - amongst other things - integration of diversion and alternatives into UNICEF Country Programme Action Plans (CPAPs) / Results and Resources Frameworks (RRFs). A sample RRF is included here to demonstrate how diversion fits into an overall child protection RRF: Fiji Child Protection RRF  [1] 
 
Structure
This planning and implementation section of this toolkit is divided according to the 8 elements of the Protective Environment Framework:
     • B3.1 Government commitment to fulfilling protection rights
     • B3.2 Legislation & enforcement
     • B3.3 Attitudes, traditions, customs, behaviour & practices
     • B3.4 Open discussion, including engagement of media & civil society
     • B3.5 Children's life skills, knowledge & participation
     • B3.6 Capacity of those in contact with children
     • B3.7 Basic & targeted services
     • B3.8 Monitoring & oversight

As emphasised in the systemic approach, it is important that all elements are taken into consideration during planning and implementation. Working on one area in isolation from the others will result in problems.
 
Key things to consider
Contexts vary so greatly that it is very difficult to compile a definite ‘how to’ guide for planning and implementation. The questions raised in this section of the toolkit, however, in conjunction with other toolkit sections on principles (child rights-based approach, systemic approach and restorative justice approach), data management, monitoring and evaluation, and overcoming common obstacles provide some overall guidance on issues to consider.
The document below consolidates, for ease of reference, all of the questions raised in the 8 sub-sections of this toolkit section on 'planning and implementation' with some reminders on the 3 principles - child rights-based approach, systemic approach and restorative justice approach).

Download: 'Planning and implementation – overview: summary of key points to consider' [Word 66kb] 
 
General resources on planning & implementation
'Child Protection Strategy Toolkit', UNICEF EAPRO, 2009
Cover [Pdf 349kb]
Inside cover [Pdf 138kb]
Main toolkit [Pdf 2.18Mb]
Guidance for holistic child protection programming based on the EAPRO interpretation of the Protective Environment Framework (divided into 3 main 'systems' rather than 8 elements). 5 sections: 1. Systems-building approach; 2. Programming process; technical guides on 3. Social behaviour change system; 4. Legal and regulatory Framework; 5. Social welfare system.

Handbook of basic principles and promising practices on Alternatives to Imprisonment, UNODC, 2007 [PDF 764kb]
Very useful for reference to alternatives at specific stages, exploring possibilities and guidelines, even though it applies mostly to adults. Includes sections on infrastructure requirements, who should act, choosing alternatives, knowledge base, political initiative, legislative reform, infrastructure and resources, net-widening, monitoring, promotion of alternatives, the media and justice and equality.

'Diversion of children in conflict with the law: implementation considerations' [Word 35kb]
Summary of some key points: need for qualified personnel, clear guidelines, confidentiality and accountability - provided by UNICEF Malawi.

Tajikistan: Guide to the Establishment and Implementation of the Juvenile Justice Alternatives Project, Children's Legal Centre and UNICEF [Word 605kb]
Very useful and easy to read documentation of the Tajikistan JJAP which has been replicated in other countries. Contains, amongst other things, sample forms, structure diagrams and roles and responsibilities for different actors.

The Philippines: Guidelines for a Community-Based Diversion and Prevention Programme for Children in Conflict with the Law, FREELAVA and Save the Children UK, 2005 [Pdf 1.92Mb]
Very useful, clear and detailed guidelines (48 pages) on how to implement community-based programmes, with an emphasis on a restorative justice approach. Includes information on the structure and personnel involved and a detailed description of the programme process.

The Philippines: Back on Track: Making Community-Based Diversion Work for Children in Conflict with the Law - A Documentation of FREELAVA’s Experience in Cebu City, Philippines, Save the Children UK, 2005 [Pdf 2.72Mb]
Documents a preliminary study of the FREELAVA project (200 pages). Includes: city context and profile of children involved; overview of implementing NGO; outline of the programme (including useful flowchart p.69); preliminary assessment of the programme; 5 detailed case studies of children; 'what makes community-based diversion work' (p.162); recommendations.

Guidelines for establishing diversion programmes in Nigeria, Jennifer Pothier for UNICEF Nigeria 2004 [Word 128kb]
Guidelines (collated from manuals and project examples from around the world) to help guide the planning of diversion programmes at national and local levels.

‘Reforming Child Law in South Africa: Budgeting and Implementation Planning’, Ann Skelton for UNICEF Innocenti Research Centre, reprint 2009 [Pdf, 268kb]
Excellent documentation of the process of costing the South African Child Justice Bill and Children’s Bill plus additional information about law reform processes in general.

'Estimating the Cost of Establishing a Probation Service in Albania - draft proposal', OSCE Presence in Albania, 2007 [Word 109kb]
Document which examines probation versus imprisonment costs and provides detailed examples of cost calculations and issues to consider in costing exercises. [Note that this is probation in general, not specific to children].

'Tough is not Enough: Getting Smart about Youth Crime - A review of research on what works to reduce offending by young people', Kaye L McLaren, New Zealand Ministry of Youth Affairs, 2000 [PDF 470kb]
Excellent meta-analysis of global research on children in conflict with the law to establish 'what works' and 'what doesn't work'. [Note this document has been used as a key resource for the toolkit].

DRAFT: ‘Deconstructing the Pipeline: Using Efficacy and Effectiveness Data and Cost-Benefit Analyses to Reduce Minority Youth Incarceration’, David Osher et al., American Institutes for Research and Arizona State University, 2003 [Word 139kb] (link to usadeconstructingpipeline.doc)
Academic meta-analyis of US research in relation to recidivism and cost effectiveness of prevention, early intervention, diversion and other programmes for children in conflict wtih the law. Provides good project summaries and hard data on recidivism and cost. Narrative focus on over-representation of ethnic minorities in the system. [Please note that this is a draft paper only]. [Note this document has been used as a key resource for the toolkit]
 
Follow the links on the top for more information.
 
Footnotes:
1. UNICEF Pacific and its government partners developed RRFs based on the UNICEF East Asia and Pacific Regional Office interpretation of the protective environment framework (which pre-dates the UNICEF Global Child Protection Strategy). The EAPRO interpretation clusters the 8 elements of the PEF into 3 broad areas: legislation & justice; systems & services; and societal behaviour. This 3-strand approach is reflected in the Fiji RRF included here.

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