Justice for children
Access to justice is not only a specific human right for every child: it is also a crucial way to uphold all of their other rights, from health care and education to protection from violence
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Access to Justice for Children in Europe and Central Asia
Our goal: UNICEF is committed to equitable access to justice for all children in the Europe and Central Asia region.
We welcome and support the child-friendly approaches to justice that are taking root across the region, characterized by a focus on the individual needs of children caught up in the justice system.
Data from the region
Children from the poorest families have less information about their right to justice than other children, are less likely to seek justice, and find it harder to pay for lawyers, court fees and other costs.
Children with disabilities are often denied the specialized support they need to take part in justice processes.
Children from marginalized communities, such as Roma children, may face stigma and discrimination when claiming their right to justice.
Adolescent boys are more likely to be held in juvenile detention facilities or come into conflict with the law. But while fewer girls are in the justice system, there are also fewer services and female professionals to meet their needs.
Justice for children in the Europe and Central Asia region is often hampered by systems that fail to recognize their rights or act in their best interests. The challenges include limited access to justice systems specifically tailored to the needs of children, with a lack of specialized lawyers, judges and courts for children who are accused of crimes or for those whose rights have been denied.
Across the region, children who are already disadvantaged, including children with disabilities, are far more likely than other children to have their rights violated. But they are also far less likely to seek – or find – support from the justice system.
Disadvantaged children are also more likely to be in trouble with the law and to be placed in detention – often the end result of a history of exclusion, a lack of social services to tackle family problems, and a perception of such children as ‘undeserving’.
Most children in custody in the region have been accused of petty offences, and others are held in ‘protective custody’, even though child detention should only ever be used as a last resort. While adolescent boys are more likely than girls to be in custody, there are also fewer services and female police officers to meet girls’ needs.
Children under arrest or in detention are at risk of violence and even torture, with little or no way to report such rights violations. Locked behind closed doors, away from their families, these are some of the most ‘invisible’ children in society.
Although the total number of children in detention in the region is known to have fallen in recent decades, a lack of data makes it difficult to get the full picture as data systems rarely – if ever – capture their stories.
With a growing number of children coming into contact with the law as victims or witnesses of violence, there is an urgent need to strengthen child-friendly proceedings and specialized services that align with international standards and contribute to effective testimony and evidence in court proceedings.
Key policies
1989 Convention on the Rights of the Child
- Article 3: The best interests of the child must be the priority in all legal action concerning children.
- Article 12: Children have the right to be heard in judicial and administrative proceedings.
- Article 37: No child should be deprived of liberty unlawfully or arbitrarily.
- Article 40: Every child accused of or convicted breaking the law has the right to be treated in a way that safeguards their sense of dignity and worth.
2015 Sustainable Development Goals
- Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
1985 UN Standard Minimum Rules for the Administration of Juvenile Justice
1990 UN Guidelines for the Prevention of Juvenile Delinquency
1990 Rule for the Protection of Juveniles Deprived of their Liberty
2005 UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime
What is UNICEF doing?
UNICEF champions access to justice for all children across the Europe and Central Asia region. Through reforms, training and child-centred practices and services, we help governments ensure safer communities, better protect children’s rights and prioritize rehabilitation and reintegration over punitive measures.
We advocate for child-friendly justice systems that prioritize children’s best interests, that support children when their rights have been violated, and that use custody only as a last resort. Over the years, our work has helped to reduce the number of children held in custody in the region.
We aim to ensure that children and families know their rights, and that legal systems offer them a clear route to justice. We support tailored responses for children accused of crimes as well as reforms that aim to prevent crime, divert children away from the formal justice systems, and embed child-friendly legal procedures. We promote combined and cross-cutting services – such as the Barnahus model – that offer child-sensitive interviewing, medical care, psychological support and legal assistance under one roof. Child-friendly justice systems also make sure that children can claim their rights, receive fair treatment and have their voices heard.
Prevention is the best way to reduce crime rates, and we back efforts to tackle the root causes of crime, such as poverty, homelessness, domestic violence and family crises. We support targeted help for children who are at risk of coming into conflict with the law, as well as tailored programmes for children who are already caught up in the justice system to prevent reoffending.
Diversion aims to deal with children accused of crimes without resorting to formal judicial proceedings or trials and includes the referral of children to community-based services and programmes. Diversion prevents the stigma of a criminal record, reduces pre-trial detention, has better results, and is very cost-effective.
Child-friendly legal procedures aim to adapt justice systems to the needs of children. Our support includes training professionals, such as police officers, social workers, judges and lawyers in child-friendly case management. We have also developed guidelines on child-friendly legal aid for those who represent children in justice proceedings. Child-friendly approaches enable children to stay with their parents or caregivers while awaiting charge or trial, rather than being held in custody. And they provide non-custodial alternatives to post-trial detention: community-based options for children found guilty of a criminal offence. This is no ‘easy ride’: it holds children accountable and helps them to change their behaviour – a win-win for them and for society.