UNICEF Diversion & Alternatives Toolkit 2009 “How do diversion & alternatives fit into the bigger picture of children in conflict with the law, justice for children & child protection?” [These slides should be considered in conjunction with the toolkit section on ‘The bigger picture’ as well as the ‘Glossary of terms relevant to children in conflict with the law’ in ‘Key reference documents’.]
Child protection Justice for children / child justice CICL / JJ Diversion & alternatives What’s the relationship between diversion, alternatives, children in conflict with the law, justice for children & child protection? CHILD PROTECTION: a protective environment for all children (prevention & response) CHILDREN IN CONFLICT WITH THE LAW / JUVENILE JUSTICE: criminal justice system only; children accused of, or found responsible for, breaking the criminal law (does not include victims/ survivors or witnesses although there is often overlap for individual children) JUSTICE FOR CHILDREN / CHILD JUSTICE: children who come into contact with any justice system (criminal, civil or administrative) e.g. as subjects in custody cases, in need of care & protection, victims/survivors, witnesses & children in conflict with the law DIVERSION & ALTERNATIVES: an important component of overall reform of systems for children in conflict with the law
Monitoring & oversight Government commitment to fulfilling protection rights 8 1 Child protection Basic & targeted services Justice for children / child justice Legislation & enforcement 7 2 CICL / JJ Diversion & alternatives Capacity of those in contact with children Attitudes, traditions, customs, behaviour & practices 6 3 Open discussion, including engagement of media & civil society Children’s life skills, knowledge & participation 5 4 How do the 8 elements of the UNICEF ‘Protective Environment Framework’ fit in?
More about the Protective Environment Framework (PEF) • The 8 elements of the PEF are inter-dependent ad inter-related. Action is required in each of these 8 areas simultaneously. • The UNICEF Global Strategy on Child Protection (2008) categorises the 8 elements into 2 broad groups: • National Protection Systems (both state and non-state) [elements # 1, 2, 6, 7, 8 – shown in purple on the previous slide] • Social Change [elements # 3, 4, 5 – shown in grey on the previous slide] • Some UNICEF staff find this broad categorisation useful whilst others prefer not to ‘divide’ up the 8 elements. The important thing is to take all 8 elements into consideration when planning child protection initiatives (including for diversion & alternatives).
Summary • Diversion & alternatives are an important part of broader work on reforming justice systems for children in conflict with law. This, in turn, is part of broader work on justice for all children in contact with any justice system in any capacity. This, in turn, is one part of child protection work in general. • Work on diversion & alternatives should therefore be undertaken within – not in isolation from - broader programmes on justice for children and child protection. • The 8 elements of the ‘Protective Environment Framework’ (PEF) apply to all aspects of work on child protection, including justice for children, children in conflict with the law and diversion & alternatives. • Work on diversion & alternatives should therefore adopt an overall, systemic approach which coordinates with and capitalises on other child protection programme initiatives being planned and undertaken in relation to the 8 elements of the PEF.