Easing the Road to Justice for Child Victims
UPDATE! , On April 6, 2023, the Dewan Negara passed the Evidence of Child Witness (Amendment) Bill 2023 to provide more extensive protection to children on the road to justice! Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, said the amendment was phase one, but more will come. This Evidence of…, Introduction, Court processes can be daunting and intimidating to adults but even more so to children. The stress a child victim endures to seek justice can result in many deciding to give up before the conclusion. The graphics below endevour to show what the road to justice looks like for child victims. Road to justice Map infographic UNICEF/2023/DChai…, Roadblock 1: Limited info for child and parents, Children and parents lack support along the journey and don't understand the court process., Roadblock 2: Anxiety over going to court, Children feel anxious when going to court as shown in some of the experiences shared with the Women's Centre for Change (WCC), Penang. "I am frightened." I am scared to go to court." "Nervous sebab saya takut dengan suasana. Macam mana dengan hakim dengan peguam? Rasa macam terdesak." Roadblock 1 infographic UNICEF/2023/DChai Roadblock 2…, Roadblock 3: Anxiety and frustration over delays, The child has to appear in court many times due to postponements. This is distressing for the child and incurs costs to the parents. Children also miss school and parents would need to take leave from work. For some, this may affect incomes. The following are shared experiences to the WCC Penang. "It’s so frustrating. I have to go to school….. I…, Roadblock 4: Intimidating court experience, A child being questioned can feel intimidated by confusing, harsh, or prolonged questioning. The following are real experiences shared with WCC Penang by child witnesses. "I told them everything already. I don’t feel like repeating / telling them again and again." "I don’t understand what he is asking/saying." "Why is he raising his voice? I am…, The court outcome: not always the hoped for Journey's end. , A conviction is not guaranteed and it's often hard for a child to understand why. Court outcome infographic, Easing the Road to Justice for Child Victims, UNICEF believes that there are actions we can all take to make the journey less daunting for the child, while ensuring fairness for all. These are some recommendations on how we can do that., Recommendation 1: Assigning a Victim Support Person, Few families are familiar with the court process and without the right information, the experience is made more difficult for the child victim. UNICEF recommends the assigning of a Victim Support Person to guide and assist them on the journey and keep them up to date on the progress of the case., Recommendation 2: Holding a child-friendly “Special Hearing”, The child involved in the case has often to deal with delays and postponements caused by many factors. Postponements mean a child must appear in court many times, which is distressing for the child and incurs costs for the family. The child will have to be absent from school and parents need to take leave from work. For some parents, this may mean…, Recommendation 3: Controlling inappropriate questioning, Proceedings in court are intimidating enough. Sometimes, cross-examination and questioning can come across as confusing, harsh, or prolonged to a child (and even to adults!). To reduce distress to the child so that the child can provide best evidence, UNICEF recommends the judge exercises strict control of the tone and style of questions put to a…
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