THE IMPLEMENTATION OF THE UNITED NATIONS MODELSTRATEGIES AND PRACTICAL MEASURES ON THE ELIMINATION
OF VIOLENCE AGAINST CHILDREN IN THE FIELD OF CRIMEPREVENTION AND CRIMINAL JUSTICE: THE CHECKLISTYvon Dandurand*

In order to support Member States in the implementation of the “United Nations ModelStrategies and Practical Measures on the Elimination of Violence against Children in theField of Crime Prevention and Criminal Justice", UNODC has developed a “Checklist” to the“Model Strategies”.
It is a tool to help Member States undertake initial steps in assessing the readiness andcapacity of a State’s justice system to protect children who are in contact with the justicesystem from all forms of violence. I will present the checklist briefly and suggest how it may
be used as a basis for strategic planning for the elimination of violence against children.
Given the focus of the present panel on the experience of children in contact with thecriminal justice system, I would also like to refer more specifically in my presentation to Part
III of the Model Strategies, the part that deals with the prevention of violence against children
within the justice system. I will therefore highlight some practical measures that could betaken by Member States to prevent and respond to violence against children who are in
conflict with the law and, in particular, against children deprived of their liberty.
I. THE MODEL STRATEGIESAs was mentioned the Model Strategies include three main parts corresponding to threevery important aspects of any crime prevention and criminal justice strategy to eliminate
violence against children. They are: (1) Implementing broad prevention strategies; (2)Ensuring appropriate and effective criminal justice response to incidents of violence againstchildren; and (3) Eliminating violence during children’s contacts with the justice system.
The Model Strategies use a very broad definition of violence against children, essentiallythe same definition found in the Convention on the Rights of the Child. In total, it includes 17
main strategies and 47 related practical measures.
A. Many Ways to Use the Model Strategies
The Model Strategies can be used to systematically review existing mechanisms andlegislation to protect children against violence and to identify gaps. In fact, the Model
Strategies can be used as a basis for developing a comprehensive plan to prevent and respondto violence against children. The checklist was effectively designed to assist this process.

*School of Criminology and Criminal Justice, University of the Fraser Valley, British Columbia, Canada, andFellow and Senior Associate, International Centre for Criminal Law Reform and Criminal Justice Policy.

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If you look at the checklist more closely, you will notice that it consists essentially of anumber of questions that are logically prompted by the different measures included in theModel Strategies. I am not sure if you can see it clearly, but the screen shows a picture of atypical page of the checklist. This one deals with strategy 1, and two groups of practicalmeasures: one dealing with the formal prohibition of violence, and the other, below, with theprohibition of various harmful practices. On the left-hand side, for each group of measures,
there is a group of questions that the user is meant to try to answer as part of a quick
assessment of the situation in his or her country. On the right-hand side, there is somereference material to put the questions into context and, when relevant, to refer the reader toother resources.
B. How to Use the Checklist
How can one use the checklist? Agencies and actors responsible for the implementationof the Model Strategies can use the Checklist to quickly review their current capacity toprevent and respond to violence against children and to develop a comprehensive strategy
and action plan to improve their response to such violence.
A first step in the implementation of the Model Strategies would usually consists ofmaking a commitment to a strategic approach and identifying focal points with responsibilityfor initiating the strategic planning process. A second step involves a process through which
key ministries and organizations that bear a level of responsibility for children’s rights,welfare and protection are identified together with their respective roles, mandates andresponsibilities. This then leads to systematic efforts to mobilize these agencies and engage
them in a joint process of strategic planning. At a very early stage in the implementation
process, and as a crucial stage in the strategic planning exercise, it will be necessary tosystematically review the current situation and assess the present capacity of the justicesystem to respond to incidents of violence against children. This Checklist offers a quickreference tool to assist that very important part of the implementation process. At a later stage,
the checklist can of course also be used to monitor progress in implementing reforms.
C. Elements of a Good Plan of Action
Based on past experience with similar large-scale justice reform initiatives, it is fair tosay that an effective plan of action should include the following:•Clear priorities for action•Well-defined responsibilities for the relevant institutions, agencies and personnel
involved in implementing preventive measures•

Mechanisms for the appropriate coordination of preventive measures among
government agencies and between governmental and non-governmental agencies•

Reliance of evidence-based methods for effectively identifying, mitigating andreducing the risk of violence against children•

Close interdisciplinary cooperation, with the involvement of all relevant agencies,
civil society groups, local and religious leaders and, where relevant, otherstakeholders- 103 -•Participation of children and families in policies and programmes for the preventionof criminal activities and child victimizationII.

PREVENTING VIOLENCE AGAINST CHILDREN IN THE JUSTICESYSTEM

Now that I have introduced the Checklist, at least in general terms, and stressed theimportance of good planning to ensure that the criminal justice system does all that it can toaddress the problem of violence against children, I would like to focus your attention for afew minutes on the question of preventing violence against children in contact with thejustice system.
A. Victimization
Studies reveal that children within the justice system, and in particular those deprived of
their liberty, are especially vulnerable to violence. In 2012, the UNODC held a meeting ofexperts on the question, and the many risks of violence faced by children in contact with thejustice system were identified.
Examples of violence against children in the justice system include: violence by staff,
violence by adults or other young detainees in detention institutions, violence during arrest,
interrogation, or in police custody, and violence as a sentence, such as corporal or capital
punishment. The consequences of violence perpetrated against children when in contact withthe justice system cannot be underestimated. It may increase the possibility for further
criminal activity.
Modern psychology and physiology now inform us better than ever about the various
serious impacts of traumatic experiences on the development of children and their future
ability to function normally in society. We better understand the crucial importance ofdeveloping trauma-informed interventions for these children.
B. Protecting Children against Hardship During their Contacts with the Police andDuring the Justice Process
There is a concern obviously for what happens to children in conflict with the law andhow they are treated by law enforcement and the justice system. However, there are also
some significant concerns about how the justice system treats children victims or witnesses ofcrime. Another instrument that has not been mentioned very often so far is the UN Guidelines
on Justice in Matters Involving Child Victims and Witnesses of Crime. As you can see, theGuidelines cover a number of important areas, including:•The right to be protected against hardship at all stages of the criminal justice process•The need to consider the best interest of the child•

The need to support and accompany children victims and witnesses throughout theprocess•

The need to ensure that process is fair and expeditious•

Precautions to be taken and the use of child sensitive methods during the investigationand the collection of evidence- 104 -•The need for procedural reforms, in part to introduce child-sensitive practices•

The importance of protecting against intimidation and retaliation•

The importance of providing information to victims and their parents in a timely
mannerC. Strategies to Protect Children Victims or Witnesses of Crime
There are many strategies that are essentially covered in both the Model Strategies andthe Guiding Principles. They include:•Providing assistance and support•

Expediting investigation and proceedings•

Ensuring child-sensitive medical examination•

Implementing child-sensitive procedures at the investigative stage

There is most definitely a heightened risk of violence faced by children in conflict withthe law. The Model Strategies emphasize the need to prevent children from becoming
involved in the criminal justice system. They propose a number of measures for mitigatingthe risk of violence against children at various stages of their contacts with that system.
In that regard, the Model Strategies emphasize the need to prevent children frombecoming involved in the criminal justice system, and it introduces a number of measures forpreventing the risk of violence against children at various stages of their contacts with thatsystem. It recommends measures to limit the involvement of children in the justice system,
prevent violence associated with law enforcement and prosecution activities, ensure thatdeprivation of liberty is only used as a measure of last resort, and prohibit violent, arbitrary orinhuman punishment of children. It contains a number of measures to detect, protect andassist children who are victims of violence as a result of their involvement with the justicesystem, including measures to prevent and respond to violence against children in places ofdetention.
Most importantly, the Model Strategies emphasize the crucial importance of establishingaccessible, child-appropriate and safe procedures for children to complain about incidents ofviolence during their arrest or interrogation, while in custody, and at any stage of the criminal
justice process.
Finally, as one would expect, the Model Strategies accord a great deal of importance also
to oversight and accountability measures and their essential role in preventing violenceagainst children within the justice system.
Considering that one important objective of the criminal justice system is the protectionof children’s rights, violence against children within that system thwarts its achievement anddefeats any efforts of rehabilitation and reintegration of these children. It is also a sad thing toobserve that many of the children in conflict with the law were themselves victims of abuse- 105 -

or neglect; in many ways, children in conflict with the law are those very same children
whom the child protection and crime prevention agencies failed to protect in the first place.
I hope that these few remarks were useful and that they will encourage you to familiarize
yourself with the Model Strategies and to use the Checklist as soon as possible to determine
how you can improve the current response of the justice system to violence against children.

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