UNITE FOR CHILDREN-- UNICEF

Children First, Summer 2006: Justice for Children (2)

Illustration: the justice of prison is weighed against the home

Weighing the justice of rehabilitation against deprivation of liberty — services offering community–based and family–focused alternatives need to be in place to help juvenile offenders and to prevent them reoffending.
Illustration by Ray Mullan © UNICEF Turkey 2006

Social Services

Children living on the street who have had prior convictions most definitely shouldn’t be coming before the court as defendants again and again. If they come before us it is through our neglect and we are responsible. So we need to work together and ensure that, coming before the court, the child should put in the care of Social Services immediately and they should continue to have contact with their families and their schools, so that we can assess the total environment, and consider what is the most appropriate action to take for the child. For me, this is a more important consideration than the crime itself.

Professor Ümit Biçer,
Director, Department of Forensic Science,
Kocaeli University

Increased understanding of the role of the social services in the juvenile justice system pointed to the need for capacity building activities with social workers to prepare them for their increased responsibility. The fourth session of each meeting introduced child–focused services available from provincial institutions working with children. Further meetings have been planned for social workers on themes such as how to communicate with children and protect their rights as well as how to locate and work with institutions providing alternative services.

Participants were invited to plan how the children’s courts could work together with schools, public institutions, social services, locally based NGOs and families and how to seek expert assistance from the universities with the aim of reducing deprivation of liberty. Follow–up meetings between related institutions were suggested and two such meetings have since been conducted in Kocaeli and Ankara.

Implementation of Alternative Measures

It was agreed that:

  • the number of institutions providing alternative services for children in contact with the law should be increased;
  • coordination between these institutions and the child courts is needed in order to ensure that the services are utilised;
  • a directory listing available institutions by province including their services, contact details and so forth would be a useful reference for children’s courts.

A central high level meeting to strengthen coordination between the Ministries of Justice, National Education, Labour and Social Security, Health and SHÇEK was proposed. In addition, provincial meetings are planned to strengthen the coordination of child bureaux in provincial offices of the public prosecutor.

Protection for Victims and Witnesses

We should set up a protective and preventive social services unit in each neighbourhood. If we have neighbourhood social services, we can be more aware of the individuals and families who make up the community. It follows that with these units we can implement necessary and relevant interventions within the community. Of course, the Social Services and Child Protection Agency is certainly the most appropriate ministry to fulfil this responsibility.

SHÇEK,
Ankara Provincial Representative

Again, personnel working in the judiciary system have very limited competencies on how to meet their obligations in this area and participants expressed difficulties in implementing this part of the law. Further training on good practices and how to improve the skills of professionals working in the children’s courts was requested in this area.

Children who are victims or witnesses also need to be treated with additional sensitivity and guidance when they come in contact with the law. The child’s best interests need to be protected in proceedings adverse to his or her parents or care giver, for instance, and the child’s competency to testify needs to be established. The child — and his or her family — may often require assistance in coping with the emotional and psychological trauma of the offense.

Continue to Justice for Children (3) including Protection for Victims and Witnesses and Main Outcomes.

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