| Term | Definition |
|---|---|
| Adoption |
Once a convention/treaty has been discussed and negotiated by states, it becomes open for signature or ‘adoption’. This is the formal act by which the finalized text of the convention/treaty is accepted by states parties (states who become a party to the treaty). |
| Committee on the Rights of the Child | The Committee on the Rights of the Child (CRC Committee) is the body of 18 Independent experts that monitors implementation of the Convention on the Rights of the Child. All states parties to the CRC have to submit a report about their compliance with the terms of the treaty every 5 years. The reporting cycle provides an opportunity for expert organizations and civil society organizations to present “shadow” reports highlighting particular areas of concern or failure to ensure the protection of children’s rights. We will further examine the role of the CRC Committee in Section 4. Learn more about the committee here. |
| Convention | A ‘convention’ (e.g. the Convention on the Rights of the Child) is a formal agreement between States. The generic term ‘convention’ is synonymous with the generic term ‘treaty’. UN Conventions, such as the CRC, can be signed and ratified by any member state of the UN. Source: UNICEF and CRIN. |
| Duty Bearers | In agreeing to be bound by a treaty, a state becomes a duty bearer, accepting the obligation to abide by the terms of the treaty. This responsibility devolves onto government employees who have relevant duties – e.g. police, teachers, social workers. Duty bearers must consider and apply the provisions of the CRC in all aspects of their work. |
| Geneva Convention and Additional Protocols | The four Geneva Conventions and their Additional Protocols regulate the conduct of armed conflict including traditional civil wars, internal armed conflicts that spill over into other States or internal conflicts in which third States or a multinational force intervenes alongside the government. The Geneva Conventions seek to limit the effects of armed conflict. In particular, they protect people who are not taking part in the hostilities (civilians, health workers, and aid workers) and those who are no longer participating in the hostilities (wounded, sick and shipwrecked soldiers and prisoners of war). The Geneva Conventions were adopted in 1949. Two Additional Protocols were adopted in 1977, and the third Additional Protocol was adopted in 2005. More information on the Geneva Conventions and their Additional Protocols here. |
| International Covenant on Civil and Political Rights (ICCPR) | The ICCPR outlines civil and political rights such as the right to life (Article 6), freedom from torture and cruel, inhuman or degrading treatment (Article 7), freedom from slavery (Article 8), the right to liberty (Article 10) and the right to respect for privacy and family (Article 17). The ICCPR was adopted by the U.N. General Assembly in 1966. More information on the ICCPR here. You can read the ICCPR here. |
| International Covenant on Economic and Cultural Rights (ICESCR) | The ICESCR outlines economic, social and cultural rights which protect the basic necessities for life which includes the rights to food and water, to have a roof over your head, and to adequate healthcare. The ICESCR was adopted by the United Nations General Assembly on 16 December 1966. You can read the ICESCR: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx |
| Ratification |
‘Ratification’ is an act by which a State that has already signed (or adopted) a treaty agrees to be legally bound by its terms. Before ratifying a treaty, a State must ensure that its national laws do not contradict or differ from the treaty terms, if necessary by making changes to its domestic law. If a state does not want to change a particular provision in its domestic law that conflicts with a treaty it intends to ratify, that state must enter a “reservation” to the treaty, setting out the item where it will follow its own domestic law and not the provisions in the treaty. Once the ratification process is completed, the instrument of ratification, a formal sealed letter referring to the decision and signed by the State’s responsible authority, is deposited with the United Nations Secretary-General in New York. Treaties come into force (ie become operative) when a certain number of states parties (specified in the treaty) have ratified the treaty. |
| States Parties | The States that ratify treaties and are therefore legally bound by the provisions in the treaty |
| Universal Declaration of Human Rights | The Universal Declaration of Human Rights (UDHR) is a milestone document, developed and signed in 1948, the aftermath of World War 2 to ensure respect for the human rights of all individuals and all peoples. The human rights articles in the UDHR include both civil and political rights (such as the right to a fair trial and to free speech) and economic, social and cultural rights (such as the right to primary education, health care and shelter). The UDHR was drafted by representatives of countries with different legal and cultural backgrounds from all regions of the world. The UDHR is not a binding international treaty but rather an aspirational declaration. It took 18 years, and the separation into 2 distinct instruments, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR),for the provisions of the UDHR to become binding obligations for ratifying states Together, the UDHR, the ICCPR and the ICESCR are known as the International Bill of Rights. You can read the UDHR here |
| Child participation | The principle of child participation highlights the importance of ensuring that children have the opportunity to express their views, influence decision making, contribute to policy and planning, and achieve change. Non-profits, governments, policymakers, the UN Committee on the Rights of the Child and many other groups incorporate child participation into their child protection work. In this course, we repeatedly refer to ways in which children are consulted and included in decisions that concern them. |
| Child protection population surveys | A population survey is a systematic information gathering process conducted by researchers who go to selected households across a country to ask pre-prepared questions about child protection issues. The households are selected in a way that ensures they represent the entire population of the country. These surveys are used to estimate the prevalence of child protection issues in a country. A census is a type of population survey. You can learn more about the two survey programs described in the video: Demographic Health Surveys (DHS) and Multiple Indicator Cluster Surveys (MICS). |
| Member states | Countries/states that are members of an international organization, in this case the United Nations |
| Millenium Development Goals (MDGs) | The Millennium Development Goals (MDGs) were eight targets to reduce extreme poverty which were adopted by world leaders in September 2000 when they came together at the United Nations Headquarters in New York. The Declaration committed nations, the United Nations and a range of other organizations to achieving eight targets which ranged from halving extreme poverty to halting the spread of HIV/AIDS and providing universal primary education, by 2015. Learn more about each goal and whether they were achieved here. |
| Prevalence data | Prevalence data illustrate the range and scale of child protection issues. The prevalence is the % of children in a defined population affected by a child protection issue. For example, the prevalence of child labor among children aged 5-14 years is calculated by: The number of children aged 5-14 years who have experienced child labor divided by the total population of children aged 5-14 years. |
| Protective Environment Framework | The Protective Environment Framework is central to UNICEFs Child Protection Strategy and emerged from UNICEF's efforts to approach child protection in a holistic way. The Protective Environment Framework emphasizes the need for the protection of all children and includes both prevention of and response to harm. The Protective Environment Framework defines eight broad elements that are critical to good protection. These elements are interconnected and work individually and collectively to strengthen protection and reduce vulnerability. They include: 1. Governmental commitment to fulfilling protection rights (including appropriate policies and budgets); 2. Legislation and enforcement; 3. Attitudes, traditions, customs, behavior and practices; 4. Open discussion, including the engagement of media and civil society; 5. Children’s life skills, knowledge and participation; 6. Capacity of those in contact with the child; 7. Basic and targeted services; 8. Monitoring and oversight. You can learn more about the UNICEF Child Protection Strategy and the Protective Environment Framework here. |
| Right to be heard | Article 12 of the CRC guarantees children the right to be heard and emphasizes the importance of giving the views of children weight when making decisions about children. The article also suggests that children should be consulted in an age-appropriate way, and that legal proceedings that concern a child should take the child’s views into account. Article 12 of the Convention on the Rights of the Child provides: “1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.” General Comment 12 by the Committee on the Rights of the Child discusses the right to be heard: http://www2.ohchr.org/english/bodies/crc/docs/AdvanceVersions/CRC-C-GC-12.pdf The Third Optional Protocol to the CRC also allows individual children to submit complaints regarding specific violations of their rights to the Committee on the Rights of the Child and to have their complaints considered. |
| Sustainable Development Goals (SDGs or Global Goals) | In 2016 (following the completion of the MDG era), world leaders adopted the 2030 Agenda for Sustainable Development at the United Nations. The SDGs (or Global Goals) commit countries to achieving 17 goals over the next 15 years. These goals include ending poverty, addressing climate change, improving education, achieving gender equality. Child protection issues were included more comprehensively in the SDGs than the MDGs. Learn more about each goal here. |
| UNICEF Child Protection Strategy | UNICEFs Child Protection Strategy articulates and defines the contribution of UNICEF to national and international efforts to fulfill children’s rights to protection from abuse, violence and exploitation. The strategy was developed through consultation with a wide range of key partners and UNICEF staff, practical experience, and prior research and was adopted in June 2008. The Child Protection Strategy contains 5 main approaches for building a protective environment: 1. Strengthening national protection systems 2. Supporting social change 3. Promoting child protection in conflict and natural disasters 4. Evidence-building and knowledge management 5. Convening and catalyzing agents of change. You can learn more about the UNICEF Child Protection Strategy and the Protective Environment Framework here. |
| Term | Definition |
|---|---|
| Bullying |
Bullying (including cyber-bullying) is unwanted aggressive behaviour by another child or group of children who are neither siblings nor in a romantic relationship with the victim. It involves repeated physical, psychological or social harm, and often takes place in schools and other settings where children gather, and online. Source: http://apps.who.int/mediacentre/factsheets/violence-against-children/en/index.html |
| Civil society |
Civil society is the “third sector” of society, along with government and business. It comprises civil society organizations, non-profits, activists, and non-governmental organizations. Source: http://www.un.org/en/sections/resources-different-audiences/civil-society/index.html |
| Cortisol | A hormone released when the body experiences stress. Excessive amounts of cortisol in the body can negatively impact the brain and a child's brain development |
| Duty Bearers | In agreeing to be bound by a treaty, a state becomes a duty bearer, accepting the obligation to abide by the terms of the treaty. This responsibility devolves onto government employees who have relevant duties – e.g. police, teachers, social workers. Duty bearers must consider and apply the provisions of the CRC in all aspects of their work. |
| Geneva Convention and Additional Protocols | The four Geneva Conventions and their Additional Protocols regulate the conduct of armed conflict including traditional civil wars, internal armed conflicts that spill over into other States or internal conflicts in which third States or a multinational force intervenes alongside the government. The Geneva Conventions seek to limit the effects of armed conflict. In particular, they protect people who are not taking part in the hostilities (civilians, health workers, and aid workers) and those who are no longer participating in the hostilities (wounded, sick and shipwrecked soldiers and prisoners of war). The Geneva Conventions were adopted in 1949. Two Additional Protocols were adopted in 1977, and the third Additional Protocol was adopted in 2005. More information on the Geneva Conventions and their Additional Protocols here. |
| International Covenant on Civil and Political Rights (ICCPR) | The ICCPR outlines civil and political rights such as the right to life (Article 6), freedom from torture and cruel, inhuman or degrading treatment (Article 7), freedom from slavery (Article 8), the right to liberty (Article 10) and the right to respect for privacy and family (Article 17). The ICCPR was adopted by the U.N. General Assembly in 1966. More information on the ICCPR here. You can read the ICCPR here. |
| International Covenant on Economic and Cultural Rights (ICESCR) | The ICESCR outlines economic, social and cultural rights which protect the basic necessities for life which includes the rights to food and water, to have a roof over your head, and to adequate healthcare. The ICESCR was adopted by the United Nations General Assembly on 16 December 1966. You can read the ICESCR: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx |
| Ratification |
‘Ratification’ is an act by which a State that has already signed (or adopted) a treaty agrees to be legally bound by its terms. Before ratifying a treaty, a State must ensure that its national laws do not contradict or differ from the treaty terms, if necessary by making changes to its domestic law. If a state does not want to change a particular provision in its domestic law that conflicts with a treaty it intends to ratify, that state must enter a “reservation” to the treaty, setting out the item where it will follow its own domestic law and not the provisions in the treaty. Once the ratification process is completed, the instrument of ratification, a formal sealed letter referring to the decision and signed by the State’s responsible authority, is deposited with the United Nations Secretary-General in New York. Treaties come into force (ie become operative) when a certain number of states parties (specified in the treaty) have ratified the treaty. |
| States Parties | The States that ratify treaties and are therefore legally bound by the provisions in the treaty |
| Early Childhood Development (ECD) |
Early childhood development is a gradual unfolding of sensory-motor, cognitive, language and social-emotional capacities, which are all interrelated. Some of the core capacities that a child develops includes:
|
| Early intervention programs | Early intervention programs can prevent the consequences of early adversity. These programs aim to support children and their caregivers from the moment a child is born. Early interventions include early childhood education, and programs for teachers and parents. |
| Emotional violence |
Emotional or psychological violence and witnessing violence includes restricting a child’s movements, denigration, ridicule, threats and intimidation, discrimination, rejection and other non-physical forms of hostile treatment. Witnessing violence can involve forcing a child to observe an act of violence, or the incidental witnessing of violence between two or more other persons. Source: INSPIRE: seven strategies for ending violence against children (WHO, 2016) |
| Evidence based interventions | Interventions that are based on the findings of prior research and evaluation which tested the effectiveness of interventions |
| Female Genital Mutilation (FGM) | Female genital mutilation/cutting (FGM/C) comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons. Source: WHO, FGM Factsheet |
| Insecure attachment | Attachment an emotional bond between an infant and one or more adults. An infant’s attachment can be either secure or insecure. A child who is securely attached actively explores the environment in the presence of the caregiver, is visibly upset by separation, and greets the mother warmly when they are reunited. A child who is insecurely attached exhibits signs of distress or anxiety upon separation from attachment figures. Source: Richter, L. (2004). The importance of caregiver-child interactions for the survival and health development of young children: A review. Geneva: World Health Organization. |
| Intersectionality | Intersectionality argues that multiple aspects of identity should be considered to understand the social world and to understand exclusion. For example, racism and sexism act together as mutually interlocking systems of oppression, and should not be looked at in isolation. In the case of minority children, ethnicity, class, gender, migrant status all work together to shape a child's experience of exclusion, and should not, be treated independently. |
| Intimate partner violence (or domestic violence) | Intimate partner violence (or domestic violence) involves violence by an intimate partner or ex-partner. Although males can also be victims, intimate partner violence disproportionately affects females. It commonly occurs against girls within child and early/forced marriages. Among romantically involved but unmarried adolescents it is sometimes called “dating violence”. Source: INSPIRE: seven strategies for ending violence against children (WHO, 2016) |
| Male Guardianship system | A set of bylaws and state sanctioned discriminatory policies and practices that restrict a woman's ability to have a wide range of choices unless permitted by her male guardian -- typically a father, husband, brother or even a son. For example a woman needs the permission of a guardian to marry or travel. |
| Maltreatment | Maltreatment (including violent punishment) involves physical, sexual and psychological/emotional violence; and neglect of infants, children and adolescents by parents, caregivers and other authority figures, most often in the home but also in settings such as schools and orphanages. |
| Nurturing care | Nurturing care describes the type of care and protection a child receives and is characterized by a home environment responsive to a child's health and nutritional needs, which is emotionally supportive, and has opportunities for play and exploration as well as protection from adversities. Source: Britto et al. (2017) Nurturing care: promoting early childhood development. Lancet |
| Physical violence | Physical violence includes the use of physical force and can include corporeal punishment, sexual violence, domestic violence, and violent discipline |
| Protective factors | A protective factor is an experience, characteristic, or exposure to a harm that decreases the likelihood of a negative experience or health outcome. For example, couselling or a safe environment can be a protective factor, and decrease the likelihood that a child who has experienced physical abuse may become depressed. Intervening early with programs, policies and resources can ensure a child has access to protective factors |
| Pyschosocial wellbeing | Pyschosocial wellbeing describes the interralated mental and social factors which contribute to health |
| Risk factors | A risk factor is an experience, characteristic, or exposure to a harm that increases the likelihood of a negative experience or health outcome. Risks to children include malnutrition, maltreatment, poor access to early education. For example, an early adverse experience like physical abuse can be a risk factor for depresseion and increase the likelihood that the a child may become depressed. |
| Sexual violence | Sexual violence is any sexual act or attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic that are directed against a person’s sexuality using coercion. Sexual violence can occur in any setting, including at home and at work. Three forms of sexual violence are commonly distinguished: sexual violence involving intercourse (i.e. rape); contact sexual violence (for example, unwanted touching, but excluding intercourse); and non-contact sexual violence (for example, threatened sexual violence, exhibitionism and verbal sexual harassment). Online exploitation can also be a form of sexual violence. Source: INSPIRE: seven strategies for ending violence against children (WHO, 2016) |
| Structural discrimination | Discrimination as a result of societal structures including laws, polices, institutions, cultural traditions. For example, not allowing Romani children to go to any school is a form of structural discrimination which existed in the legal system and in the school system |
| Toxic stress | "Toxic stress response can occur when a child experiences strong, frequent, and/or prolonged adversity—such as physical or emotional abuse, chronic neglect, caregiver substance abuse or mental illness, exposure to violence, and/or the accumulated burdens of family economic hardship—without adequate adult support. This kind of prolonged activation of the stress response systems can disrupt the development of brain architecture and other organ systems, and increase the risk for stress-related disease and cognitive impairment, well into the adult years. |
| Violence against children |
The World Health Organization defines violence as: The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation. Source: http://www.who.int/violenceprevention/approach/definition/en/. Article 19 of the CRC guarantees children the right to be protected from violence and states: "States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child." |
| Term | Definition |
|---|---|
| Alternative care |
A formal or informal arrangement whereby a child is looked after at least overnight outside the parental home. This could be due to a decision by a judicial or administrative authority or duly accredited body, or at the initiative of the child, or their parents, or primary caregivers, or spontaneously by a care provider in the absence of parents (Better Care Network Toolkit). Source: https://trackingprogressinitiative.org/dashboard_bcn/troubleshooting/glossary.php |
| Asylum seeker | A person who seeks safety from persecution or serious harm in a country other than his or her own and awaits a decision on the application for refugee status under relevant international and national instruments. In case of a negative decision, the person must leave the country and may be expelled, as may any non-national in an irregular or unlawful situation, unless permission to stay is provided on humanitarian or other related grounds. Source: IOM. https://www.iom.int/key-migration-terms#Asylum-Seeker |
| Child Protective Services (CPS) | The Covenant on Civil and Political Rights contains many safeguards applicable to all persons brought to trial and detained. It prohibits the death penalty for crimes committed when under the age of 18 (Article 6.5) and states specifically that in 'the case of juvenile persons, the [court] procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation' (Article 14.4). |
| Child welfare system | From a child rights and child protection perspective, the best approach to children in conflict with the law is obviously to prevent the violation to happen at the first place. Effective prevention is twofold. First, it should seek to prevent juvenile delinquency in general, with programs for all children. Successful prevention policies facilitate and support the integration of all children, in particular in - and through - their family, community, peer groups, schools, jobs, etc. Schools and other places that can teach children about their rights and responsibilities can play an important role in this regard. To give a precise example of successful prevention: studies have demonstrated that early childhood education is correlated with a lower rate of future violence and crime. Second, prevention must also specifically aim at those children who are particularly at risk, such as those dropping out of school for example. Family and community-based prevention programmes include programmes to provide appropriate counselling and guidance to families and improve parent-child interactions. Children themselves must be involved in the development and running of prevention programmes. The quality of this involvement is a key factor in the success of these programmes and of prevention. |
| Child welfare worker | "Diversion is about not brining juvenile offenders before courts and, instead, directing most of these children - or all of them- towards community solutions. Diverting first time offenders (those apprehended for the first time) and also those who have committed lesser offences is especially important. A large part, often the majority, of offences committed by children fall into these categories. Many children across the World are convicted for petty or non-violent offences and a significant number for ‘status offences’, namely acts classified as offenses only when committed as children: such as truancy, or ‘being beyond parental control.’ There are many measures for dealing with children in conflict with the law without resorting to judicial proceedings, including for example community service, supervision and guidance by social workers or probation officers, restitution to and compensation of victims. Diversion is not a mere naïve proposal: it is often in the interest of the child concerned, and it has also proven to yield good results, to be in the interests of public safety, and also to be more cost-effective. Diversion means channelling children in conflict with the law away from judicial proceedings through the development and implementation of procedures or programmes that enable to avoid the potential negative effects of formal judicial proceedings, provided that human rights and legal safeguards are fully respected. A child is diverted when he or she is in conflict with the law but has their case resolved through alternatives. Diversion may involve measures based on the principles of restorative justice. Source: Interagency Panel on Juvenile Justice, Glossary |
| Children in Conflict with the Law | children in contact with the criminal justice system because they have committed an offense, or are suspected of having committed an offense |
| Children in contact with the law | are children who are under the care of the state because they do not have caregivers, or because their caregivers are unable to look after them. These children are not 'in conflict' with the law (as we heard about in the previous section), have not committed any criminal offense, and are not in contact with the juvenile justice system, although they may be in contact with the family court system. |
| children on the move |
Children moving for a variety of reasons, voluntarily or involuntarily, within or between countries, with or without their parents or other primary caregivers, and whose movement, while it may open up opportunities, might also place them at risk (or at an increased risk) of economic or sexual exploitation, abuse, neglect and violence” (The Inter-Agency Working Group on Children on the Move). Children on the move could be:
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| Committee on the Rights of the Child General Comment No. 10 on children's rights in juvenile justice (2007) |
The Beijing Rules call on States to establish legal protections that further the well-being of children in conflict with the law. The Rules cover children's interaction with the legal system from first contact with law enforcement through to adjudication and disposition, directing States to establish separate juvenile justice systems with laws, regulations and policies that both protect children's rights and meet their individual needs. Specifically, States are encouraged to provide for flexibility and discretion in conducting juvenile justice proceedings while at the same time guaranteeing children basic procedural safeguards. They were the first international legal instrument to comprehensively detail norms for the administration of juvenile justice with a child rights and child development approach. |
| Committee on the Rights of the Child General Comment No. 10 on children's rights in juvenile justice (2007) | General Comment 10 covers children's rights in juvenile justice and states: "[The CRC provides for] treatment that takes into account the child’s age and promotes the child’s reintegration and the child’s assuming a constructive role in society. This principle must be applied, observed and respected throughout the entire process of dealing with the child, from the first contact with law enforcement agencies all the way to the implementation of all measures for dealing with the child. It requires that all professionals involved in the administration of juvenile justice be knowledgeable about child development, the dynamic and continuing growth of children, what is appropriate to their well-being, and the pervasive forms of violence against children..." |
| convention on the status of refugees | The Riyadh Guidelines represent a comprehensive and proactive approach to prevention and social reintegration. Prevention is seen as not merely a matter of tackling negative situations, but rather a means of promoting welfare and well-being. More particularly, countries are recommended to develop community-based interventions and programmes, to assist in the prevention of children coming into conflict with the law and to recognise that depriving children of their liberty should be utilised only as a means of last resort. The Riyadh Guidelines recommend that prevention programmes should give priority to children who are at risk of being abandoned, neglected, exploited and abused. It advocates a multidisciplinary and intersectoral approach to the prevention of children coming into conflict with the law and recognises children to be full participants in society. Sources: Juvenile Justice: Modern concepts of Working with Children in Conflict with the Law, Save the Children, Child-Friendly Justice and the CRC, CRIN, More information including a summary of international law for juvenile justice is available from the United Nations Interagency Panel on Juvenile Justice (IPJJ) |
| Covenant of Civil and Political Rights |
These rules, known as JDLs, set out standards applicable when a juvenile (any person under the age of 18) is confined to any institution/facility (whether this be penal, correctional, educational or protective and whether the detention be on the grounds of conviction of, or suspicion of, having committed an offense, or simply because the juvenile is deemed 'at risk') by order of any judicial, administrative or other public authority. In addition, these rules include principles that universally define the specific circumstances under which children can be deprived of their liberty, emphasizing that deprivation of liberty must be a means of last resort, for the shortest possible period of time, and limited to exceptional cases. The JDLs serve as an internationally accepted framework intended to counteract the detrimental effects of deprivation of liberty by ensuring respect for the human rights of juveniles and ensuring the dignity and welfare of the children is upheld while in custody. Sources: Juvenile Justice: Modern concepts of Working with Children in Conflict with the Law, Save the Children, Child-Friendly Justice and the CRC, CRIN, More information including a summary of international law for juvenile justice is available from the United Nations Interagency Panel on Juvenile Justice (IPJJ) |
| Detention | A child is deprived of liberty when he or she is placed in any form of detention or imprisonment in a public or private setting, from which the child is not permitted, by order of any competent authority, to leave at will. This includes any form of residential placement including police lock-ups, training schools, borstal institutions, treatment centers, reform schools, education and reeducation centres, remand homes, training centers, specific juvenile facilities, or adult correction facilities, including high-security institutions. Source: Interagency Panel on Juvenile Justice, Glossary |
| Diversion | Diversion is about not bringing juvenile offenders before courts and, instead, directing most of these children - or all of them- towards community solutions. Diverting first time offenders (those apprehended for the first time) and also those who have committed lesser offenses is especially important. A large part, often the majority, of offenses committed by children fall into these categories. Many children across the world are convicted for petty or non-violent offenses and a significant number for ‘status offenses’, namely acts classified as offenses only when committed as children: such as truancy, or ‘being beyond parental control.’ There are many measures for dealing with children in conflict with the law without resorting to judicial proceedings, including for example community service, supervision and guidance by social workers or probation officers, restitution to and compensation of victims. Diversion is not a mere naïve proposal: it is often in the interest of the child concerned, and it has also proven to yield good results, to be in the interests of public safety, and also to be more cost-effective. Diversion means channeling children in conflict with the law away from judicial proceedings through the development and implementation of procedures or programmes that enable to avoid the potential negative effects of formal judicial proceedings, provided that human rights and legal safeguards are fully respected. A child is diverted when he or she is in conflict with the law but has their case resolved through alternatives. Diversion may involve measures based on the principles of restorative justice. Source: Interagency Panel on Juvenile Justice, Glossary |
| Formal alternative care | Care that is provided in an family environment and ordered by an authority (e.g. foster care. Any form of residential care (e.g. orphanage) whether or not it is ordered by an authority. There are two main types: 1. Family based care: The child lives in a family home. This includes: foster care, living with a named guardian, living with relatives 2. Residential care: The child lives in a residential institution. This includes: small group homes, orphanages, residential institutions. These can be run by the state, by non-profits, or by private providers |
| Informal alternative care | Care that is privately arranged where family members or friends take care of the child without the intervention of the authorities |
| Juvenile Justice | Legislation, norms and standards, procedures, mechanisms and provisions, institutions and bodies specifically applicable to juvenile offenders. These are not necessarily framed within a separate juvenile justice system. In the criminal code for example, special provisions may exist for minors although they are dealt with in criminal rather than juvenile court. Source: Interagency Panel on Juvenile Justice, Glossary |
| Juvenile Offender | A juvenile offender is a child or young person who is alleged to have committed or who has been found to have committed an offence (Beijing rule 2.2.c) |
| Mandated reporter | Persons who are required to report suspected child maltreatment to an appropriate agency, such as child protective services, a law enforcement agency, or a State’s toll-free child abuse reporting hotline. Child Welfare Information Gateway (2016) |
| Migrant | IOM defines a migrant as any person who is moving or has moved across an international border or within a State away from his/her habitual place of residence, regardless of (1) the person’s legal status; (2) whether the movement is voluntary or involuntary; (3) what the causes for the movement are; or (4) what the length of the stay is. Source: IOM. |
| Minimum Age of Criminal Responsibility | The legislations of many States stipulates a minimum age of criminal responsibility. Children younger than that age, cannot be formally charged with an offence or subjected to any criminal legal proceedings even if they have committed a criminal offense. Article 40(3) of the CRC states: "State Parties shall seek to promote the establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law” |
| Necessity Principle | The principle asks the question, is the placement or intervention necessary for the healthy and full development of the child? and focuses on: the best interests of the child, consultation with the family and child; provision of family support as a primary intervention, strengthening families and reintegration as the prioritized options, preventing avoidable relinquishment, addressing negative factors that lead to separation, ensuring gatekeeping measures, and regulating care. Source: https://bettercarenetwork.org/library/social-welfare-systems/standards-of-care/the-guidelines-for-the-alternative-care-of-children-policy-brief |
| refugee | A person who, "owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinions, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country." (Art. 1(A)(2), Convention relating to the Status of Refugees, Art. 1A(2), 1951 as modified by the 1967 Protocol). Source: International Organization for Migration (IOM) https://www.iom.int/key-migration-terms#refugee |
| Suitability Principle | Appropriate care: If it is determined that a child does indeed require alternative care, it must be provided in an appropriate way. This means that all care settings must meet general minimum standards in terms of, for example, conditions and staffing, regime, financing, protection and access to basic services (notably education and health). To ensure this, a mechanism and process must be put in place for authorising care providers on the basis of established criteria, and for carrying out subsequent inspections over time to monitor compliance. Care matched to individual child: The second aspect of ’suitability’ concerns matching the care setting with the individual child concerned. This means selecting the one that will, in principle, best meet the child’s needs at the time. It also implies that a range of family-based and other care settings are in place, so that a real choice exists, and that there is a recognised and systematic procedure for determining which is most appropriate (‘gatekeeping’). In developing this range of options, priority should clearly be given to ‘family and community-based solutions’. At the same time, the Guidelines recognise family-based settings and residential facilities as complementary responses, provided that the latter conform to certain specifications and are used only for ‘positive’ reasons (i.e. when they constitute the most appropriate response to the situation and the needs of the child concerned. For example, a child who is taken into care as a result of a negative family experience may be unable to cope with an immediate placement in another ‘family-based’ setting and may, therefore, first need a less intimate or emotionally-demanding environment. Equally, if foster care is envisaged as the most favourable solution, the foster-family will need to be selected according to its potential willingness and ability to respond positively to the characteristics of the child in question. Again, the suitability of a placement must be subject to regular review – when and how often being dependent on the purpose, duration and nature of the placement – and should take account of all pertinent developments that may have occurred since the original decision was made. |
| UN Guidelines for the Prevention of Juvenile Delinquency: the 'Riyadh Guidelines' (1990) | The Riyadh Guidelines represent a comprehensive and proactive approach to prevention and social reintegration. Prevention is seen as not merely a matter of tackling negative situations, but rather a means of promoting welfare and well-being. More particularly, countries are recommended to develop community-based interventions and programmes, to assist in the prevention of children coming into conflict with the law and to recognise that depriving children of their liberty should be utilised only as a means of last resort. The Riyadh Guidelines recommend that prevention programmes should give priority to children who are at risk of being abandoned, neglected, exploited and abused. It advocates a multidisciplinary and intersectoral approach to the prevention of children coming into conflict with the law and recognises children to be full participants in society. Sources: Juvenile Justice: Modern concepts of Working with Children in Conflict with the Law, Save the Children, Child-Friendly Justice and the CRC, CRIN, More information including a summary of international law for juvenile justice is available from the United Nations Interagency Panel on Juvenile Justice (IPJJ) |
| UN Minimum Rules for the Administration of Juvenile Justice: the 'Beijing Rules' (1985) | The Beijing Rules call on States to establish legal protections that further the well-being of children in conflict with the law. The Rules cover children's interaction with the legal system from first contact with law enforcement through to adjudication and disposition, directing States to establish separate juvenile justice systems with laws, regulations and policies that both protect children's rights and meet their individual needs. Specifically, States are encouraged to provide for flexibility and discretion in conducting juvenile justice proceedings while at the same time guaranteeing children basic procedural safeguards. They were the first international legal instrument to comprehensively detail norms for the administration of juvenile justice with a child rights and child development approach. |
| UN Rules for the Protection of Juveniles Deprived of their Liberty (1990) | These rules, known as JDLs, set out standards applicable when a juvenile (any person under the age of 18) is confined to any institution/facility (whether this be penal, correctional, educational or protective and whether the detention be on the grounds of conviction of, or suspicion of, having committed an offense, or simply because the juvenile is deemed 'at risk') by order of any judicial, administrative or other public authority. In addition, these rules include principles that universally define the specific circumstances under which children can be deprived of their liberty, emphasizing that deprivation of liberty must be a means of last resort, for the shortest possible period of time, and limited to exceptional cases. The JDLs serve as an internationally accepted framework intended to counteract the detrimental effects of deprivation of liberty by ensuring respect for the human rights of juveniles and ensuring the dignity and welfare of the children is upheld while in custody. |
| UNHCR | Articles 37 and 40 of the UNCRC deal specifically with the administration of juvenile justice. Article 37 deals with the issue of torture and deprivation of liberty and states: 'No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort, and for the shortest appropriate period of time.' The Article further states that 'every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person' and goes on to say that 'every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so….' Article 40 more specifically covers the rights of all children alleged as, accused of, or recognized as having infringed the penal law. It covers treatment of the child from the moment an allegation is made, through investigation, arrest, charge, any pre-trial period, trial and sentence. The article requires states parties to promote a distinctive system of juvenile justice with specific positive rather than punitive aims. Article 40 details a list of minimum guarantees for the child and it requires states parties to set a minimum age of criminal responsibility, to provide measures for dealing with children who may have infringed the penal law without resorting to judicial proceedings and to provide a variety of alternative dispositions to institutional care. It is important to note that a number of other important Articles of the CRC are very relevant to any discussion regarding the issue of children's justice including: Article 2 (non-discrimination), Article 3 (best interests of the child), Article 9 (separation from parents), Article 19 (protection from abuse and neglect), Article 23 (the rights of disabled children), Article 28 (education), Article 31 (leisure, recreation and cultural activities) and Article 39 (rehabilitative care). |
| Term | Definition |
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| A Child Protection System |
A child protection system is a set of components that, when well coordinated, strengthen the protective environment for children. A system both prevents and responds to risks to children. Please review the summary below of the actors, principles, and components of a child protection system. |
| Actors in a child protection system |
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| Committee on the Rights of the Child | The Committee on the Rights of the Child (CRC Committee) is the body of 18 Independent experts that monitors implementation of the Convention on the Rights of the Child. All states parties to the CRC have to submit a report about their compliance with the terms of the treaty every 5 years. The reporting cycle provides an opportunity for expert organizations and civil society organizations to present “shadow” reports highlighting particular areas of concern or failure to ensure the protection of children’s rights. You can learn more about the CRC committee here. |
| Components of a child protection system |
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| General Comments |
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| Harmful Practices | Harmful practices are persistent practices and forms of behaviour that are grounded in discrimination on the basis of, among other things, sex, gender and age, in addition to multiple and/or intersecting forms of discrimination that often involve violence and cause physical and/or psychological harm or suffering. The harm that such practices cause to the victims surpasses the immediate physical and mental consequences and often has the purpose or effect of impairing the recognition, enjoyment and exercise of the human rights and fundamental freedoms of women and children. There is also a negative impact on their dignity, physical, psychosocial and moral integrity and development, participation, health, education and economic and social status. The practices are therefore reflected in the work of both Committees. "16. For the purposes of the present joint general recommendation/general comment, practices should meet the following criteria to be regarded as harmful: (a) They constitute a denial of the dignity and/or integrity of the individual and a violation of the human rights and fundamental freedoms enshrined in the two Conventions; (b) They constitute discrimination against women or children and are harmful insofar as they result in negative consequences for them as individuals or groups, including physical, psychological, economic and social harm and/or violence and limitations on their capacity to participate fully in society or develop and reach their full potential; (c) They are traditional, re-emerging or emerging practices that are prescribed and/or kept in place by social norms that perpetuate male dominance and inequality of women and children, on the basis of sex, gender, age and other intersecting factors; (d) They are imposed on women and children by family members, community members or society at large, regardless of whether the victim provides, or is able to provide, full, free and informed consent." |
| Principles of a child protection system |
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