National Justice and International Standards: protecting the Interests of Children

UNICEF, the OSCE Programme Office, and the Pravo Public Foundation jointly hosted an international roundtable discussion at the Supreme Court of Kazakhstan titled, ‘The Best Interests of the Child is the Basis of Fair Justice: International Standards and National Justice’.

The two-day forum’s main goal was to develop uniform approaches to implementing the ‘best interests of the child’ standard  in the national justice system, taking into account advanced international standards.

Opening the meeting, Nurserik Sharipov, Chairman of the Judicial Board for Civil Cases of the Supreme Court, noted that the issues under discussion were of great strategic importance to the country’s legal system.

Dr. Rashed Mustafa Sarwar, Representative of the United Nations Children's Fund (UNICEF) in Kazakhstan, noted:

“The principle of ensuring the ‘best interests of the child’ during legal proceedings is a fundamental obligation enshrined in the United Nations Convention on the Rights of the Child and should be the main criterion when making any legal decisions involving children .”

OSCE Representative Yuri Fenopetov and head of Pravo, Olga Ryl, emphasized the topic’s relevance during their congratulatory speeches.

Foreign colleagues also participated in the roundtable discussion, including Singapore Family Court Judge Kenneth Yap, who shared his experience in using therapeutic justice.

Nurgul Bakirova, Deputy Chairman of the Supreme Court of Kyrgyzstan, as well as Elshad Shamayev and Gulnor Mirzayeva, Justices on the Supreme Courts of Azerbaijan and Uzbekistan, discussed judicial practice in cases related to protecting children's rights.

International experts, including Kin Nietta (Permanent Bureau of the Hague Conference), Dariusz Celicki (OSCE), and Irina Matskevich and Irina Urumova of UNICEF, drew attention to the need for preventive justice by minimizing children’s psychological trauma during legal proceedings to prevent their re-traumatization.

The participants paid special attention to Kazakhstani practices.

Kazakhstan Supreme Court Justice Raziya Kuanyshbayeva reported:

"Every legal issue involving a child should be handled in a child-friendly and safe environment by professionals who understand the specifics of child psychology."

Supreme Court Justice Aidyn Nurbekov spoke about the unique nature of criminal proceedings against minors, emphasizing the necessary balance legal professionals must strike between protecting children's rights and ensuring justice. Karaganda Regional Court Judge Dinara Mutibaeva and Astana Juvenile Court Judge Leyla Zinasheva also presented prospects for developing juvenile justice and family dispute resolution models.

Ombudsman for Family Affairs Snezhana Imasheva, Ombudsman for Children's Rights Dinara Zakieva, Prosecutor General Zhusip Berlibai, and relevant ministry Venera Kalimova and Yulia Ovechkina provided a detailed explanation of the human rights mechanism for ensuring the best interests of the child. Community legal representatives Irina Osokina and Marina Kushakova further expressed their specific views on the topics at hand.

During the two-day panel, participants discussed the methodology for integrating the best interests of the child standard into judicial practice and the therapeutic justice model, as well as the need to introduce an approach that accounts for potential child psychological trauma. Participants also developed a separate block to modern challenges such as cyberbullying and protecting minors’ digital rights.

Summing up the round table, Chairman Sharipov noted that the proposed international and national standards will serve as a reliable foundation for developing new methodological standards for judges, strengthening efforts to prevent re-traumatization, and improving legislation for the legal and psychological safety of children.

In closing, Pravo head Olga Rylga was solemnly awarded the medal for ‘Contribution to the Development of the Judicial System’ on behalf of Kazakhstan Supreme Court Chairman Mergaliev for her significant contribution to family justice and child rights protection. Guest of honor, Judge Kenneth Yap of Singapore, also lectured Kazakhstan juvenile court judges on relevant topics.