The presentation is dedicated to European principles of child-friendly justice and Child protection system in Belarus in the light of European standards.
Child-friendly Justice and Child protection system in Belarus
1. Olga Petrova
CSc., Associate Professor
Faculty of Law
Belarusian State University (Minsk, Belarus)
olga.val.petrova@gmail.com
2. 1/ History of Juvenile justice in brief and
Conception of Child-friendly Justice
2/ Principles of Child-friendly Justice
3/ Juvenile Justice and Child Protection
System in Belarus
4/ Child giving evidence in Criminal
Procedure
4. United Nation Standards Minimum Rules for
the Administration of Juvenile Justice “The
Beijing Rule 1985”
The Convention on the Rights of Child, 1989
United Nation Guidelines in the Matter
Involving Child Victims and Witnesses of the
Crime (ECOSOS,2005)
etc.
5. The Guidelines on Child Friendly Justice, adopted
by the Committee of the Ministers of the Council
Of Europe on 17th of November 2010
◦ Chapter of Fundamental Rights of the European Union
2000/C 364/01(art. 24)
◦ Directive 2012/29/EU establishing minimum standards
on the rights, support and protection of victims of crime
◦ Proposal COM/2013/0822 final - 2013/0408 (COD) for
a Directive of the European Parliament and the Council
on procedural safeguards for children suspected or
accused in criminal proceedings
7. Right to information and advice
Protection of private and family life
Save and preventive measures
Training of professionals
Multidisciplinary approach
Deprivation of liberty and taking into custody
policy
Right to be heard and express their views
Diversion and restorative measures
8. Give testimony in courtroom
Give testimony from other place via CCTV-
link
Tape-recorded evidence
Hearsay evidence of psychologist or other
staff
9. photo from: National Agency of Investment and
Privatization, www.investinbelarus.by
Population -
9,503,809
people
Children under 18 -
1,741,8
(18.4 percent)
10. No universal law
Website mir.pravo.by
Two variants of Conception on the
Establishment of Juvenile Justice
“Protesting lobbizm” of Orthodox Church
No special department for child abuse
investigation and conducting out juvenile
cases
11. recognition
of child’s
being in
social
dangerous
situation
alienation a
child
elaborates
child
protection
plan for
family’s
reformation
the status of
child without
parental care
the child
transferring
to state
maintenance
deprival the
child’s
parents (the
only parent)
of parental
rights
return children to
parents
12. Legal assistance is obligatory
The participation of psychologist or social
worker is obligatory
Right to participation of legal representative
Deprivation of liberty and preliminary
incarceration as the last resort
Specialization of judges (not lay judges)
Social Report is prepared by investigator
Restorative Justice in 2015?
13. Participation of teacher (social worker) or
psychologist
Accompaniment by their parents or other
legal representatives
Giving evidence out of courtroom
◦ from live-link room/ other room
Release from appearance in court
?
17. Photo: Child Welfare Center (with shelter) of Leninsky district of Minsk,
www.lenspc.minsk.edu.by
15 rooms in easy
availability from any
place in the country