Access to Justice for Children in the era of COVID-19: Notes from the Field - FOR EVERY CHILD, JUSTICE - UNICEF
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Access to Justice for Children in the era of COVID-19: Notes from the Field FOR EVERY CHILD, JUSTICE
Published by UNICEF
Access to Justice for Children
Child Protection Programme, Programme Division
3 United Nations Plaza
New York, NY 10017, USA
Contact: childprotection@unicef.org
Website: www.unicef.org in the era of COVID-19:
Suggested citation: Access to Justice for Children in the era of COVID-19: Notes from the Field.
New York: United Nations Children’s Fund (UNICEF), 2020.
Notes from the Field
© United Nations Children’s Fund (UNICEF), December 2020.
Cover photo: Boys reach through bars at a jail for juveniles in the Delmas neighbourhood of Port-au-Prince,
Haiti. (2005) © UNICEF/UNI43562/LeMoyne FOR EVERY CHILD, JUSTICE
Contents
ACKNOWLEDGEMENTS ...................................................................................................................................... IV State of Palestine 36
The Islamic Republic of Iran 37
ACRONYMS AND ABBREVIATIONS .................................................................................................................. V Morocco 37
Iraq 38
EXECUTIVE SUMMARY ....................................................................................................................................... VI South Asia ................................................................................................................................................. 39
India 39
INTRODUCTION ...................................................................................................................................................... 8 Bangladesh 40
Afghanistan 41
UNICEF ACCESS TO JUSTICE FOR CHILDREN PROGRAMMING .............................................................10 Nepal 42
Sri Lanka 42
RAPID ANALYSIS ...................................................................................................................................................12 West and Central Africa ......................................................................................................................... 43
Guinea 43
METHODOLOGY .................................................................................................................................................... 14 Nigeria 44
Gabon 45
Limitations ..................................................................................................................................................15 Côte d’Ivoire 45
FIELD NOTES .......................................................................................................................................................... 16 KEY SUCCESSES .................................................................................................................................................. 46
Headquarters, New York ........................................................................................................................ 17 Enablers for change: Trust, expertise, longevity and creativity ................................................... 47
East Asia and Pacific ............................................................................................................................... 20 United Nations-wide approaches are being successfully utilized ............................................... 47
Indonesia 21 Children in detention are being released as a preventative measure for COVID-19 ............... 48
Myanmar 22 A key enabler for the release of children in detention is UNICEF’s long-term
Cambodia 23 investments in diversion and alternatives to detention ................................................................. 49
Eastern and Southern Africa ................................................................................................................. 24 The release of children from detention is providing an impetus for system-wide reforms . 49
Ethiopia 24
Mozambique 25 MORE ACTION IS STILL NEEDED ..................................................................................................................... 50
South Sudan 25
Kenya 26 ENDNOTES ............................................................................................................................................................. 52
Malawi 26
Europe and Central Asia ......................................................................................................................... 27
Turkey 28
Albania 28
Montenegro 29
Uzbekistan 29
Bosnia and Herzegovina, Greece and Italy 30
Kosovo1 31
Latin America and the Caribbean ........................................................................................................ 31
The Plurinational State of Bolivia 32
Brazil 33
Uruguay 33
Chile 34
Middle East and North Africa ................................................................................................................ 35
The Sudan 36
Acknowledgements Acronyms and abbreviations
This document was produced by the UNICEF Child Protection Section. It was prepared by Bruce Grant CO country office (UNICEF)
(primary author), an independent consultant and retired UNICEF staff member, and Vijaya Ratnam-Raman, COVID-19 Coronavirus Disease 2019
UNICEF Child Protection Specialist (Access to Justice). Kirsten Di Martino, UNICEF Senior Adviser Child CRC Convention on the Rights of the Child (United Nations)
Protection, provided valuable insights and guidance. GBV gender-based violence
HQ Headquarters (New York, USA)
The document was enriched by contributions from many individuals and teams from UNICEF OHCHR Office of the High Commissioner for Human Rights (United Nations)
headquarters, UNICEF regional offices and several country offices. Contributors include: Settasak PPE personal protective equipment
Akanimart, Markus Penda Mulandula Angula, Teona Aslanishvili, Noela Barasa, Amanda Bissex, Stephen RO regional office (UNICEF)
Blight, Anjan Bose, Irene de Lorenzo-Caceres Cantero, Songha Chae, Sumaira A. Chowdhury, Katherine SDGs Sustainable Development Goals
Cocco, Rocio Aznar Daban, Eri Dwivedi, Erin Elzo, Kendra Gregson, Rachel Harvey, Christine Heckman, SitRep situation report
Werner Hofs, Michel Ikamba, Noriko Izumi, Phenny Kakama, Milen Kidane, Goktan Kocyildirim, Frauke SOP standard operating procedure
de Kort, Aniruddha Kulkarni, Vanna Lim, Linnea Baksas Martinsson, Natalie McCauley, Maria Michailidou, UNAIDS Joint United Nations Programme on HIV/AIDS
Brigid Kennedy Pfister, Ali Aulia Ramly, Ana Catalina Fernandez Rojas, Esther Ruiz, Emira Shkurti, Ruslana UNDP United Nations Development Programme
Sirman, Eri Mathers Suzuki, Denise Ulwor, Johan Vigne, Katherine Wepplo, and Galit Wolfensohn. UNICEF United Nations Children’s Fund
UNODC United Nations Office on Drugs and Crime
Special thanks go to the following regional and county offices for sharing their practices, innovations UNOPS United Nations Office for Project Services
and insights: UNSDG United Nations Sustainable Development Group
East Asia and the Pacific
Regional Office (EAPRO), Cambodia, Indonesia, Myanmar
Eastern and Southern Africa
Regional Office (ESARO), Ethiopia, Kenya, Malawi, Mozambique, South Sudan
Europe and Central Asia
Regional Office (ECARO), Albania, Bosnia and Herzegovina, Kosovo2, Montenegro, Turkey, Uzbekistan
Latin America and the Caribbean
Regional Office (LACRO), the Plurinational State of Bolivia, Brazil, Chile, Uruguay
Middle East and North Africa
Regional Office (MENARO), the Islamic Republic of Iran, Iraq, Morocco, State of Palestine, the Sudan
South Asia
Regional Office (ROSA), Afghanistan, Bangladesh, India, Nepal, Sri Lanka
West and Central Africa
Regional Office (WCARO), Côte d’Ivoire, Gabon, Guinea, Nigeria
IV V
EXECUTIVE SUMMARY
Executive summary
Access to justice is both a fundamental human and UNICEF Headquarters (HQ, in New York,
right and an essential prerequisite for the United States of America).
protection and promotion of all human rights. This rapid analysis documents interventions
Children’s access to justice is therefore central to conducted between March and June 2020,
UNICEF’s mandate to advocate for the protection highlighting the reach or scale of a few selected
of children’s rights, in line with the Convention interventions in each region.
on the Rights of the Child and other international
human rights norms and standards. The key findings of the rapid analysis are:
UNICEF Headquarters (HQ) commissioned a • At least 37 countries are providing for the
global rapid analysis of UNICEF programming in release of more than 11,600 children
the key areas of access to justice and violence through the use of a range of alternative
against children in response to COVID-19. These measures to detention, as well as placing a
analyses are intended to highlight innovative moratorium on new admissions of children
practices, lessons being learned and results into detention.
achieved for children since the onset of
the pandemic that offer potential value to • A key enabler for the release of children in
other country contexts. Such information will detention is the long-term investments that
assist UNICEF to scale up good practices, adapt UNICEF has made in strengthening diversion
programmes and develop advocacy messages from arrest and detention, and alternatives
and policy guidance. to detention.
This rapid analysis documents how UNICEF • Five countries are implementing innovations
programming on access to justice for children in their court processes through the
is shifting rapidly to address the COVID-19 introduction of ‘virtual courts’ to ensure
pandemic and its unique impacts on children continuation of court services for victims,
in the justice system. This includes children witnesses and alleged juvenile offenders.
diverted from arrest and detention and children
in detention, including immigration detention or • Nine countries are innovating by moving
those detained in the context of armed conflict, justice-related training programmes from face-
military detention or on national security grounds. to-face learning to online learning.
It includes children who have been arrested or
apprehended for an alleged offence and those • All UNICEF ROs and many UNICEF COs
in pre-trial detention, as courts and the provision are using the inter-agency ‘Technical Note:
of essential court services, such as legal aid, are COVID-19 and Children Deprived of their
halted or reduced due to national and localized Liberty’3 to guide their advocacy efforts with
lockdowns and other preventive responses governments.
introduced to curb the spread of the pandemic.
• In several countries, United Nations-wide
Reza (name changed) finishes a metal piece in a workshop at the Malaysian Prison Department, Henry Gurney School in The ‘field notes’ presented in this document advocacy approaches are being successfully
Sabah. Indonesia.Reza, 19, was caught dealing and using syabu (methamphetamine or meth) and he was sentenced for 3 highlight key interventions or approaches being used in access to justice programming,
years. (2018) © UNICEF/UN0249952/Noorani
implemented by 32 UNICEF Country Offices especially the release of children and women
(COs), the seven UNICEF Regional Offices (ROs) from detention.
VI VII
FOR EVERY CHILD, JUSTICE INTRODUCTION
Introduction
staffing levels or care are negatively impacted and the provision of other essential supply items
by the pandemic or containment measures. This such as soap and food.
includes children detained for violations of curfew
and movement restriction orders. Children in The purpose of this document, ‘Field Notes: A
detention facilities often have inadequate access rapid analysis of access to justice for children
to clean water and sanitation, nutrition and medical and COVID-19’, is to present the findings of
care. These conditions are highly conducive to the a rapid analysis of interventions conducted
spread of diseases like COVID-19. between March and June 2020, showing
how UNICEF’s access to justice for children
For these reasons,UNICEF issued a call to action programming has been adapting rapidly to meet
with three asks: the challenges of the COVID-19 pandemic and its
unique impacts on children in the justice system.
• UNICEF has called on all governments and
other detaining authorities to urgently The ‘Field Notes’ presented in this document
release all children who can safely return (see section 5) highlight key interventions or
to their families or an appropriate alternative approaches being implemented by 32 UNICEF
environment, such as extended families and Country Offices (COs), the seven UNICEF
other family- or community-based care. 1 Regional Offices (ROs) and UNICEF Headquarters
(HQ), in New York, United States of America.
• UNICEF is also calling for an immediate The lessons being learned are documented
moratorium on new admissions of and analysed in a second publication, ‘Access
children to detention facilities. For children to Justice for Children in the era of COVID-19:
who remain in detention, UNICEF is calling for Learnings from the Field’.
the continued protection of their health
and well-being. This rapid analysis encompasses data on children
diverted from arrest and detention (where
• UNICEF is also calling for governments to alternatives to arrest and detention are used)
A 13-year-old girl stands in the yard of the women's prison During the COVID-19 pandemic, children refrain from arresting and detaining and children in detention, including immigration
in Pétionville, a suburb of Port-au-Prince, Haiti. (2005) around the world are facing an increased risk children for violations of curfew and detention or those detained in the context of
© UNICEF/UNI43558/LeMoyne
of abuse, violence, exploitation and neglect at related movement restriction orders. armed conflict, military detention or on national
an unprecedented level. Evidence from this security grounds. It includes children who have
pandemic, as well as from previous infectious UNICEF has partnerships with 128 governments been arrested or apprehended for an alleged
disease outbreaks such as Ebola, shows that in on access to justice for children programming. offence and those held in pre-trial detention,
these situations existing child protection risks are With the onset of the COVID-19 pandemic, the as courts and the provision of essential court
exacerbated, and new ones emerge, from both focus of many of these partnerships began to services, such as legal aid, are halted or reduced
the disease and from the prevention and control change in order to deal with the new reality. due to national and localized lockdowns and other
measures put in place to contain it. preventive responses introduced to curb the
New types of support are being introduced spread of the pandemic.
Children in confined and overcrowded spaces as part of UNICEF’s broader child protection
such as detention facilities are at heightened risk response to COVID-19. They include the provision To a lesser degree it touches upon children in
of contracting COVID-19. They are also more of personal protective equipment (PPE) for staff contact with the justice system who face similar
vulnerable to neglect, abuse and violence, including of juvenile detention facilities, training of justice delays in obtaining fair, timely and effective
gender-based violence (GBV), especially when actors in COVID-19 infection control guidelines, remedies for violations of their rights.
8 9
FOR EVERY CHILD, JUSTICE UNICEF ACCESS TO JUSTICE FOR CHILDREN PROGRAMMING
UNICEF access to justice for
children programming Promoting children’s access to justice is a drive the development of evidence-based global
foundational pillar and priority of the ‘UNICEF public goods and good practices, and contribute
Strategic Plan 2018–2021’ Goal Area 3,4 which to shaping global justice normative frameworks,
builds upon decades of justice and child policies and partnerships. Unique within the
protection programming. United Nations system, UNICEF is also present
in high-income countries through its National
UNICEF supports children’s access to justice by Committees, which extends UNICEF’s advocacy
strengthening national justice systems in 128 and reach to cover all country income-level and
countries, aiming to ensure that every child who legal system contexts.
comes into contact with the law – whether as an
alleged offender, victim or witness, or as part of This far-reaching and sustained country presence
civil (e.g., family related) or administrative (e.g., allows UNICEF to foster trusted high-level
immigration related) matters – can claim their rights. relationships with the key regional and national
justice, security and social services actors,
This includes making justice systems more including relevant government ministries, courts,
responsive and protective for girls and boys, parliaments, other United Nations agencies,
strengthening diversion from the justice system donors, civil society, and increasingly with the
and alternatives to detention, promoting private sector also.
restorative justice, supporting reform of laws and
policies, improving support for child survivors or All these factors uniquely position UNICEF to
witnesses of crimes, and the legal empowerment respond on child justice, which has meant that
of children.5 In 2019, in 65 of those 128 countries, UNICEF was often among the first United Nations
278,000 children benefited from access to justice agencies when the pandemic hit to be called
interventions. upon or to approach governments about the
rights of children in the justice system, especially
Globally, UNICEF has 895 staff dedicated to children in detention. These factors are also
child protection, with approximately 78% of key enablers for the results being achieved by
Two children, both 16, committed minor crimes (i.e. Access to justice is both a fundamental human staff self-reporting expertise in the area of UNICEF COs across all regions.
theft of cars' spare parts), appear before a judge in the right and an essential prerequisite for the justice for children located in most COs all
specialized Juvenile Justice Court in Aktau, Kazakhstan.
(2014) © UNICEF/UN045580/Pirozzi protection and promotion of all human rights. seven ROs, and at UNICEF HQ.6 Building on these results, UNICEF will reimagine
Children’s access to justice is therefore central to justice for children in a post-COVID-19 world.
UNICEF’s mandate to advocate for the protection At the country level, the legal expertise and UNICEF will continue to advocate for the
of children’s rights, in line with the Convention experience of national staff forms the backbone protection of the rights of children in contact with
on the Rights of the Child and other international of country programmes and is instrumental in the law and will scale up global leadership on
human rights norms and standards. UNICEF’s ability to build strategic and valued access to justice for children, including through
partnerships and support changes for children in follow-up to the ‘The United Nations Global Study
It is also key to achieving the Sustainable justice systems on the ground. At the regional on Children Deprived of Liberty’,7 as well as the
Development Goals (SDGs), particularly SDG level, specialist staff provide expert legal Global Focal Point for the United Nations and the
16 on peaceful, just and inclusive societies, and technical and region-specific advice, influence Rule of Law,8 the Pathfinders for Peaceful, Just
its targets 16.3 (access to justice for all), 16.2 the development of regional child justice norms and Inclusive Societies SDG 16+9 and the ‘Justice
(violence against children) and 16.9 (legal identity and standards, and support and share regional for Children, Justice for All’ Call to Action.10
for all), especially for the most vulnerable. good practices. At the global level, expert staff
provide legal technical advice and oversight,
10 11FOR EVERY CHILD, JUSTICE RAPID ANALYSIS
Rapid analysis
A 13-year-old boy who was living on the street and had UNICEF Headquarters (HQ) commissioned a
been arrested for stealing a video player poses for a global rapid analysis of UNICEF programming in
portrait in Makeni, Bombali district, Sierra Leone. His case
was mediated by UNICEF partner Defence for Children the key areas of access to justice and violence
International, who helped him be reunited with his family against children in response to COVID-19.
and go back to school. (2013)
© UNICEF/UNI150388/Asselin
These analyses are intended to highlight
innovative practices, lessons being learned and
results achieved for children since the onset
of the pandemic that offer potential value to
other country contexts. Such information will
assist UNICEF to scale up good practices, adapt
programmes and develop advocacy messages
and policy guidance.
This publication is one of two publications. The
other publication is ‘Access to Justice for Children Two girls stand in the concrete yard of the women's prison at Pétionville, a suburb of Port-au-Prince, Haiti. (2005)
in the era of COVID-19: Learnings from the Field ’. © UNICEF/UNI43560/LeMoyne
12 13FOR EVERY CHILD, JUSTICE METHODOLOGY
Methodology
COVID-19 programme priorities as well as child Limitations
justice priorities and results. A range of methods
were adopted for the rapid analysis, including: While the rapid analysis has proven to be a
valuable tool for gathering, sorting and analysing
• Developing tools, processes and templates for knowledge, data and evidence, it has limitations.
capturing and analysing knowledge, data and
evidence First, it only covers a narrow window of time; in
• Analysing knowledge, data and evidence to this case March to June 2020.
identify lessons learned at the global, regional
and country levels Second, the rapid nature means that there is not
• Additional data gathering from individual ROs sufficient time for in-depth analysis or primary
and COs research. It relies on gathering, sorting and
• Presenting the findings to UNICEF HQ, ROs analysing existing data. Consequently, COs that
and COs for review, fact checking, gap filling have achieved significant results for children may
and validation. have been missed and data that is current today
may be revised up or down later or be subject to
This rapid analysis sought to identify key results further verification that may also result in changes
achieved through UNICEF’s partnerships as new information becomes available.
with governments on access to justice for
children programming. In particular, it sought to Third, UNICEF is fully engaged in responding to
understand answers to three questions about the pandemic and the ROs and COs are focused
these results: on providing humanitarian support in several
countries. Therefore, in designing the rapid
What was the key result achieved? analysis, it was agreed to minimize contact with
ROs and COs so as not to distract staff from their
emergency operations.
Akram (name changed) rebuilds a fallen wall inside the Henry Gurney School, a rehabilitation institution for juvenile Contribution to the result
offenders aged 14 to 21, in Keningau, Sabah, Malaysia. (2018) © UNICEF/UN0249963/Noorani
How was the result achieved and what Fourth, although COVID-19 is a global pandemic,
was the contribution of UNICEF its impact at the country level varies widely. Some
(and partners) to the achievement countries are dealing with the first wave of the
The scope of this analysis was not to review The rapid analysis reviewed the knowledge, data of the result? spread of the virus while others are now battling a
all types of access to justice interventions, but and evidence reported by UNICEF HQ, ROs second wave of infections. In other countries the
specifically those concerned with children being and COs responding to child justice and child Enabler for the result virus is only just emerging.
released from detention as a preventive measure protection issues in the context of the COVID-19
Why was UNICEF able to achieve the
for COVID-19 and steps being taken to keep justice pandemic. It included information extracted result/what were the enablers or critical This means that the humanitarian or human rights
services functioning during lockdowns and social/ from COVID-19 Response situation reports success factors for the achievement imperative for a government to release children
physical distancing. The analysis highlights selected and indicators (including COVID-19 Standard of the result? from detention or place a moratorium on new
key interventions or approaches being implemented Indicators), CO Annual Reports 2019 and Global admissions to detention will vary according to
by 32 COs, the seven ROs and UNICEF HQ. This Annual Results Report 2019 for Goal Area 3 country-specific circumstances with regard to the
Context
rapid analysis primarily documents interventions and other established UNICEF mechanisms and pandemic.
conducted between March and June 2020, platforms for collecting and analysing data. In Where does the key result fit within
highlighting the reach or scale of a few selected addition, UNICEF HQ, ROs and COs websites the broader context of the global results
achieved by UNICEF?
interventions in each region. were used to gather further information on
14 15FOR EVERY CHILD, JUSTICE FIELD NOTES
Field Notes
This section of the report highlights key interventions or approaches in various stages of HEADQUARTERS, NEW YORK Action,13 conducted a series of global webinars14
implementation by UNICEF HQ, 32 COs and the seven ROs. with the participation of children’s rights and
Within two weeks of the declaration of the global child justice experts to share experiences from
pandemic by the World Health Organization, different legal systems and different income-level
UNICEF HQ swiftly convened a global inter- country contexts on the release of children15 and
agency taskforce in collaboration with the continuation of court services for children and
Alliance for Child Protection in Humanitarian women16 during the pandemic.
Action and experts from more than 20 United
Nations agencies, local and international non- The collective impact of these efforts is that
governmental organizations (NGOs) and academic UNICEF COs have been provided with timely and
institutions to develop and publish the ‘Technical useful guidance to inform, support and accelerate
Note: COVID-19 and Children Deprived of their their active engagement with their respective
Liberty’ (Technical Note). governments as they shift their Access to Justice
programmes and related advocacy efforts to
The Technical Note is a tool for United address the pandemic and its unique impacts on
Nations agencies, child justice/child protection children in the justice system. All UNICEF ROs
organizations and broader civil society and many UNICEF COs specifically mentioned
organizations to use in shaping their advocacy they are using the Technical Note to guide their
efforts and for governments and detaining advocacy efforts with governments, with many
authorities to use to protect children in detention translating it into local languages for this purpose.
from the pandemic. It calls on all countries to
deliver on their commitments as parties to the The main enablers for these results are UNICEF’s
United Nations Convention on the Rights of the internal expert technical capacities (people and
Child (CRC) to ensure all children deprived of their knowledge), as well as its convening power
liberty have their rights protected. Specifically, it as demonstrated by the speed with which the
calls on all countries to release all children who Technical Note was developed and endorsed,
can be safely released (those who are not a risk and the unparalleled global reach of its Access to
to themselves or to others); to place a moratorium Justice for Children Programme.
on new children entering detention (including
An adolescent boy looks out from a louvred window in the centre “Sendero de Libertad”, Ilobasco Rehabilitation Centre in refraining from arresting children for breach of To better understand how country-level justice
El Salvador. The centre houses 148 adolescents and young men. UNICEF works with the government and the Institute for curfew/movement restriction orders); and to ramp programming is changing to address the
Children and Adolescents (ISNA) to support rehabilitation and reintegration of adolescents in conflict with the law. (2014)
© UNICEF/UNI186320/Heger up efforts to protect those children who cannot pandemic, UNICEF HQ commissioned a rapid
be released and who will remain in detention. analysis to document the innovative practices,
lessons being learned globally, and results
Immediately following the publication of the achieved since March 2020. The results of this
Technical Note, UNICEF’s Executive Director analysis (which are documented below and
issued a Statement calling for the urgent and organized according to region and results) are
safe release of children and the use of alternative already being used by UNICEF to predict field-
measures to detention.11 To make this guidance level needs, to develop evidence-based advocacy
operational, UNICEF HQ, ROs and partners, messages and policy documents, and to improve
including the International Association of Youth programme effectiveness and results through the
and Family Judges and Magistrates12 and the sharing of promising practices across UNICEF
Alliance for Child Protection in Humanitarian regions and offices.
16 17FOR EVERY CHILD, JUSTICE FIELD NOTES
Key results by country on children’s access to justice in response to COVID-19
EUROPE AND CENTRAL ASIA: > 800 children released SOUTH ASIA: > 2,500
2,500 children released (6 countries)
(5 countries) India:: 1,348 children released across nine states
India
Turkey: c. 800 children released Bangladesh:: > 500 children released through introduction
Bangladesh
Albania: 50% of children released of virtual children’s courts
and virtual courts established Afghanistan:: 369 children released and provided post-
Afghanistan
Montenegro: Strong prior investment meant < 20 children release support
and young people in detention nationally when COVID-19 hit Nepal:: 330 children (7 girls) released into the care of their
Nepal
Uzbekistan: Children granted early conditional release parents or guardians
Bosnia and Herzegovina: Provision of 24-hour Lanka: Children being released from detention and
Sri Lanka:
child protection support to unaccompanied supervised by probation officers
and separated children
Greece: Relocation of 1,600 unaccompanied children
Italy: Legal and psychosocial support for migrant MIDDLE EAST AND NORTH AFRICA: c. 3,000 children
and refugee children released (13 countries)
Kosovo: Advocacy for the release of children led to The Sudan: 85% of children in detention have been
temporary halt of pre-trial sentencing of juveniles released
Islamic Republic of Iran: > 750 children released
State of Palestine: c. 85% of children in detention in the
WEST AND CENTRAL AFRICA:
AFRICA: > 600 children released West Bank and Gaza released
(10 countries) Morocco: 563 children released
Guinea: > 50% of children in detention released (100) Iraq: > 270 children released
Nigeria: 46% of known children in detention released (170)
and 223 children detained due to association with armed
groups released to civilian authorities
Gabon: No. of children in detention reduced to < 10
Côte d’Ivoire: c. 83 children released
supervised by probation officers
EASTERN AND SOUTHERN
AFRICA:: > 3,330 children released
AFRICA
(5 countries)
LATIN AMERICA AND THE CARIBBEAN:
CARIBBEAN: Children being Ethiopia: > 2,000 children
released as part of regional child protection response and women released
Plurinational State of Bolivia: > 100 children released Mozambique: c. 1,688 children
Brazil: Legal empowerment of children and advocacy and young people released EAST ASIA AND PACIFIC:
PACIFIC: > 1,200 children released
for the release of children from detention as a preventative South Sudan: 148 children released (2 countries)
measure for COVID-19 Kenya: Virtual Juvenile Courts Indonesia: 992 children released
Chile: Criminal justice reform led to 20 women (pregnant releasing children from Myanmar: Elimination of migration-related detention of
or with children under the age of 2) released remand centres children
Uruguay: Special measures to protect the already Malawi: Advocacy and support Cambodia: Number of children in detention reduced due to
low numbers of children in detention for the release of children UN-joint efforts
18 19FOR EVERY CHILD, JUSTICE FIELD NOTES
region to advocate for the release of children from work; investing in research and evaluation; and Indonesia
detention during COVID-19, successfully securing supporting country-level initiatives to improve
from the Government a commitment not to arrest how justice systems deal with children. This In Indonesia, the number of children
child offenders for minor crimes. A practical includes developing child-friendly and gender- in detention has been reduced
example of this support is that in March, as sensitive procedures for investigations and by 50 per cent with the release
containment measures were imposed throughout conduct in courtrooms, as well as training of law of 992 children, and correctional
the region, EAPRO developed a rapid assessment enforcement, justice and social welfare officers at officers are benefiting from online
tool for use by COs to determine the needs of the country level. learning opportunities.
each detention centre to keep children safe and
supported, including training needs of personnel. UNICEF EAPRO has focused its efforts UNICEF Indonesia and the United Nations Office
on promoting alternatives to detention and on Drugs and Crime (UNODC) successfully
The tool also assisted national governments to advocating for all agencies working with children advocated for the Government of Indonesia’s
identify the support they needed from the UNICEF as victims, witnesses and offenders, to use child- Ministerial Decree authorizing the release of low-
CO or from EAPRO. EAPRO also issued an internal friendly and gender-sensitive procedures. level, non-violent juvenile and adult prisoners.
technical note, ‘COVID-19 and the Rights of UNICEF supported the development of several
Children in Times of Curfew and Other Containment The results of this investment can be seen in guidelines, including the ‘Directive of the
Measures’, in early April to support COs to advocate ‘Diversion Not Detention: A study on diversion Director-General of Corrections on the Prevention
for law enforcement agencies to refrain from arrest and other alternative measures for children in of COVID-19 in Correctional Facilities’19 and
and detention of children for violation of curfew and conflict with the law in East Asia and the Pacific’ the ‘Protocol on Release and Rehabilitation of
movement restriction orders. (2017).17 The report addresses bottlenecks in the Children’20 and advocated for the Director General
EAST ASIA AND PACIFIC implementation of diversion and other alternative of Corrections in the Ministry of Law and Human
In response to the vulnerabilities faced by migrant measures related to juvenile justice. Rights to put in place appropriate measures to
Almost two decades of continuous advocacy children in the region including their increased risk support children who have been released, and
for reforms in access to justice for children of detention due to their migration status, UNICEF The study assesses the existing policies and facilitated intersectoral collaboration to ensure
laid the foundation for the release of more issued guidance on urgent actions needed practices in 12 countries in East Asia and 14 their safe release.
than 1,200 children across the region in to protect internally displaced children during countries in the Pacific. It identifies promising
response to COVID-19 and the increasing use COVID-19. Further, as an overall preventative practices as well as areas for improvement. As of June 2020, this had resulted in a total of
of diversion from arrest and detention and measure for all children and to prevent stigma, 992 children being released from detention,
alternatives to detention. discrimination and violations of their right to The study was used by the Association of representing 50 per cent of the total number of
privacy, UNICEF EAPRO developed an internal Southeast Asian Nations (ASEAN) Secretariat children in detention in Indonesia.
note on ‘Confidentiality and Data Sharing Related in its mid-term review of priority areas under
Regional Office to COVID-19 Status’. the ‘ASEAN Regional Plan of Action on the The contribution from UNICEF to the achievement
Elimination of Violence Against Children of this result included advocacy and the provision
Supported by the UNICEF East Asia and Pacific The enabler for these efforts has been the 2016–2025',18 to examine progress on key pillars of technical support, such as the development
Regional Office (EAPRO), ten COs are engaged almost two decades of investments made of the Plan of Action, including diversion and and delivery of an online training programme for
in efforts to strengthen justice for children during by UNICEF in the East Asia and the Pacific alternative sentencing, and to highlight the gains correction officers located in remote areas on the
COVID-19. Recognizing the risks children deprived region in improving justice for children made in developing relevant legislative and provision of counselling and support to children
of their liberty face from the spread of COVID-19 across the region. policy frameworks. being released from detention and reintegrated
in detention centres, all nine COs have advocated into the community.
for the release of children from detention and It has done this by maintaining high-level technical
for increased use of diversion and alternatives capacity in the form of international child justice UNICEF and partners are continuing to advocate
to detention. UNICEF in the Lao People’s experts; building the capacity of COs and for a wider release of children and women, and
Democratic Republic was the first CO in the partners; mobilizing resources to support this the Ministry of Law and Human Rights is now
20 21FOR EVERY CHILD, JUSTICE FIELD NOTES
reviewing its criteria with the aim of expanding 90 pre-trial detainees who had been detained protect all children, including children in contact decreased from 1,753 in June to 1,586 in
the number of children and women eligible for in quarantine facilities were released, most of with the justice system. Inputs from UNICEF August 2020.
release. The main enabler for this result has been whom were Rohingya who have since returned to include building the capacity of the Government
the strong and long-term partnership between Rakhine State. agencies, such as the police and the courts, as Applying a United Nations-wide approach to
UNICEF and the Government of Indonesia, and well as communities and civil society. justice reform has a long history of success
the collaborative nature of the partnership with UNICEF is providing case management and family in Cambodia. In 2015, UNICEF developed an
the lead ministries responsible for child protection tracing and psychosocial support to Rohingya advocacy strategy that included bringing together
and child justice and with other United Nations families and children who have returned to Cambodia United Nations agencies to reset the juvenile
agencies in the country. Rakhine State. justice law reform process that had started in
In Cambodia, a United Nations-wide 2002 but had stalled by 2010. The delay was
UNICEF is seen as a trusted partner by the Together with the International Legal Foundation, approach to justice is contributing having negative impacts on children.
Government and a leading source of expertise on UNICEF Myanmar released a Technical Note for to a reduction to the number of
children’s access to justice. justice professionals on pre-trial release of children children in detention. This strategy was successful and in 2016 the new
in conflict with the law during COVID-19.21 This law was approved by the National Assembly. The
Technical Note was part of the support for lawyers Cambodia has adopted a United Nations-wide number of children in detention had been reduced
Myanmar to provide legal services to 126 children (83 boys approach to protecting the rights of children, from 12 to 5 per 100,000 child population by the
and 43 girls) from January to May 2020, resulting women and people with disabilities in detention in end of 2014 as a result of collaboration between
In Myanmar, after much intense in 47 children being released from detention (19 of response to COVID-19. United Nations agencies and other development
advocacy, the elimination of whom were in pre-trial detention). partners, but by 2015 the number had edged
migration-related detention of On 6 April 2020, UNICEF Cambodia, the United upwards again, to 8 per 100,000.
children has finally been achieved UNICEF has also successfully advocated for all Nations Office of the High Commissioner for
as part of larger efforts to protect children who have been arrested and detained Human Rights (OHCHR) in Cambodia and UN Since then, ongoing collaboration has seen several
children in detention from COVID-19. for breaking COVID-19-related curfews to be Women Cambodia wrote to the Minister of key developments. UNICEF, Plan International,
released into the care of their families and be Justice requesting the introduction of alternative Children’s Rights International and other partners
UNICEF Myanmar is advocating with the provided with case management support. This is sentencing measures, including the release supported the Government to develop a ‘Three-
Government of Myanmar for an increase in the part of a larger effort in Myanmar to protect the of prisoners based on their vulnerability to the Year Strategic and Operational Plan’ to guide
use of alternatives to detention and providing rights of children in conflict with the law. virus. The letter identified women, women with the implementation of the law. Between 2016
technical support for the reintegration of children children, people with disabilities, those with a and 2019, 1,200 children were reached through
and adolescents back into their families and Significantly, following concerted advocacy over chronic health condition and, of course, children, justice and law enforcement services provided by
communities as part of a United Nations-wide several years. UNICEF has secured an agreement as being particularly vulnerable. NGO partners and provincial courts, which were
approach to detention-related issues for adults from the Minister of Labour, Immigration and financially supported by UNICEF.
and children. Population for the elimination of migration-related Although the Government has not explicitly
detention of children. This new policy directive released children from detention as a response to
On 9 April 2020, UNICEF, UNODC, and the means that children will no longer be prosecuted COVID-19, on 18 May 2020, the Ministry of Justice
United Nations Development Programme (UNDP) and detained for a breach of immigration law in issued guidance on placing children in conflict with
wrote to the President of Myanmar requesting the Myanmar. This assurance is a significant step in the law under the court’s supervision (a diversion
release of detainees from the country’s detention Myanmar’s commitment and progress towards measure available to provincial courts nationwide).
facilities in response to the COVID-19 pandemic. aligning with international standards on juvenile
justice and Myanmar’s Child Rights Law. Whilst not included within the time period
As a result, 295 children were released from of this publication, as a result, 128 children
the Department of Social Welfare-operated A key enabler for these results is ongoing in conflict with the law, including 71 girls,
detention centres (i.e., Training Schools) technical support from UNICEF to strengthen were placed under the court’s supervision
on 17 April, and approximately 300 adults and the national child protection system so that it can and the number of children in detention has
22 23FOR EVERY CHILD, JUSTICE FIELD NOTES
to justice for children across the region to ensure Mozambique constructive dialogue and partnerships with
children can access justice systems and receive vast number of actors, as well as the country
adequate, gender- and age-appropriate assistance In Mozambique, approximately programme strategy which prioritizes access to
throughout the justice process. 1,688 children and young people justice for children.
have been released from detention
as part of the Government’s amnesty
Ethiopia for detainees as a preventive South Sudan
measure against COVID-19.
In Ethiopia, more than 2,000 In South Sudan, 148 children have
children and women have been UNICEF Mozambique initially focused its been released from detention in
released from federal and regional advocacy with the Government on including various state capitals.
penitentiary institutions as part of children in their proposed amnesty for prisoners
prevention measures against the risk as a COVID-19 prevention strategy. This included UNICEF South Sudan and the United Nations
of COVID-19. advocacy for the courts to be defined as ‘essential Mission in South Sudan, along with the Judiciary
services’ during the lockdown and for children’s and the Ministry of Gender, Child and Social
UNICEF Ethiopia is advocating with the Federal cases to be treated as urgent. Welfare, successfully advocated for the release
Attorney General and Supreme Court at the of children from detention and the establishment
national and subnational levels for the release of This resulted in the release from detention of a data collection system to count children in
children and women in detention. of approximately 457 children aged 16–18 detention and track their release. This resulted in
EASTERN AND SOUTHERN AFRICA and 1,231 young people aged 18–21, which the Government of South Sudan issuing an order
This has resulted in the release of more is around 42 per cent of the estimated 4,000 to release children from detention as a preventive
In Eastern and Southern Africa, more than than 2,000 children and women (including children and young people in juvenile and measure against the spread of COVID-19,
3,330 children from at least five countries approximately 1,493 children) from federal adult prisons. UNICEF is continuing its resulting in the release of 148 children from
have been released from detention as a and state penitentiary institutions, including advocacy for the release of children and detention in various state capitals.23
preventive response to COVID-19. from the Addis Ababa Remand Home, as part young people remaining in detention.
of prevention measures against the risk An enabler for this result is UNICEF South
of COVID-19. UNICEF is continuously engaged with relevant Sudan’s continued support to the Government
Regional Office authorities, including the National Penitentiary and Judiciary to establish a child justice system
UNICEF also supported the provision of case Service, Police, Ombudsman and others to that takes into consideration the special needs of
UNICEF Eastern and Southern Africa Regional management training to six federal court social monitor and prevent incarceration of children and children in contact with the law.
Office (ESARO) is providing technical support workers who led individual case reviews and ensure the protection of children still in detention.
to 21 UNICEF COs to monitor the situation of reintegration of the children from the remand This is closely coordinated with other United For example, capacity-building efforts for justice
children in detention. This includes advocating for home. Personal protective equipment (PPE) was Nations agencies, including the Office of the actors on children’s rights, the South Sudan Child
their immediate release and for moratoriums to provided to the social workers so that they could High Commissioner for Human Rights (OHCHR), Act and child-friendly approaches are all aimed at
be placed on new admissions. Several countries conduct the work safely. UNODC and UNDP. reducing the number of children being detained
in the region have national diversion frameworks and providing better support to children in contact
at police or court level with support from UNICEF, In addition, based on the ‘Technical Note: An enabler for this result is UNICEF with the law. In 2021,UNICEF South Sudan will
including Kenya, Malawi, South Africa, COVID-19 and Children Deprived of their Mozambique’s strategic and valued partnership initiate a pilot project to make the imprisonment of
Uganda, United Republic of Tanzania, Zambia Liberty’,22 UNICEF and UNODC, in partnership, with the Government and justice administration children a measure of last resort and increase the
and Zimbabwe. As a result of this support, developed a briefing note on COVID-19 protection authorities due to its proactive role and constant use of alternatives to jail sentences.
children are being released from detention in at and response. It has been translated into the engagement in dialogue with them. This is the
least five countries. An enabler for this result is local Amharic language for distribution across the result of strong UNICEF in-house technical
UNICEF ESARO’s ongoing investments in access prison system in Ethiopia. expertise and capacity to establish and maintain
24 25FOR EVERY CHILD, JUSTICE FIELD NOTES
Kenya Malawi In 2019, support to strengthen data collection promising practices, gaps and constraints in
systems saw improved reporting on violence; access to justice for children, provided indications
In Kenya, the creation of virtual In Malawi, UNICEF is advocating over 37,000 new cases of violence were reported: for how UNICEF could augment governments’
juvenile courts is resulting in for the release of children from 18,810 against girls, 13,237 against boys and responses to COVID-19, and formed the basis of
the release of children from reformatory centres and investing in 5,364 against women. the UNICEF advocacy agenda regarding children in
rehabilitation schools and partnerships to ensure that children detention. UNICEF ECARO and COs have actively
remand homes. have access to child-friendly, used and promoted the inter-agency ‘Technical
gender-sensitive policing and Note: COVID-19 and Children Deprived of their
To guide and support the work of the different justice service in all 28 districts of Liberty’25 to advocate with governments in the
the country.
juvenile justice actors during this pandemic, region for the implementation of measures therein.
UNICEF Kenya is facilitating the development of
national guidance on handling children within the UNICEF Malawi is a key agency for child This work is built upon and is the result of more
justice system during the pandemic. protection and a trusted partner for Government than 20 years of work by UNICEF ECARO in
ministries, departments and agencies with the region in contributing to reforming juvenile
The guidance is based on the global inter-agency responsibility for child justice and child protection. justice systems. This has resulted in a significant
‘Technical Note: COVID-19 and Children Deprived decline in the rate of admissions and the overall
of their Liberty’24 and will provide minimum During COVID-19, UNICEF has also been number of children in detention, due to high-level
standards and actions that each juvenile justice providing technical and financial support for the commitments by governments and technical
actor should undertake to ensure that every Malawi Police Service, the Judiciary and the support provided by UNICEF and development
child that comes into contact with the justice Ministry of Gender, Community Development partners. This includes policy advocacy, which
system in Kenya has access to equitable justice. and Social Welfare to ensure continuity of access has led to legislative reforms that increased the
The Government of Kenya has established the to justice for children, timely case reporting minimum age of criminal responsibility (to 14
National Council on Administration of Justice mechanisms, and protection of vulnerable groups years in most countries), capacity-building of
(NCAJ) COVID-19 Response Committee, as part of their implementation of public health EUROPE AND CENTRAL ASIA professionals across the justice sector, and the
comprising key justice agencies, to manage the measures to contain the outbreak. introduction and systematic scale up of alternatives
sector’s response to the pandemic. In Europe and Central Asia, UNICEF is to detention, including diverting children in conflict
Contributions from UNICEF have also focused on leading advocacy efforts for the protection with the law away from judicial proceedings.
Approximately 5,000 adults who had been strengthening community-based victim support of the rights of children in detention as
sentenced for petty offences have been released services and mechanisms for complaints and part of its larger child protection response Twenty years ago, the number of children in
via virtual court sessions held on Skype and feedback, including the national Child Helpline and to COVID-19 in the region. This work has Eastern and Central Europe and Central Asia who
Zoom. A number of children have been released GBV Crisis Line. seen over 800 children being released were sentenced and placed in a detention facility
from remand homes and rehabilitation schools from detention in Albania, Azerbaijan, annually was 45,000.Now, the annual number is
Montenegro, Turkey and Uzbekistan.
and UNICEF is advocating for the Committee to An enabler for these initiatives has been approximately 5,000 – a 90 per cent reduction of
give greater attention to the situation of children UNICEF Malawi’s ongoing investment in justice children in detention across this subregion.26
and to ensure their release from detention. for children for over a decade, with a strong
emphasis on ensuring access to justice at the Regional Office In 2019, for example, UNICEF ECARO developed
In addition, UNICEF is providing technical support for village level. This has seen the maturing of and rolled out ‘Child Friendly Legal Aid
the reintegration of children back into their families effective justice coordination mechanisms at In March 2020, UNICEF Europe and Centra Asia Guidelines’27 across the region and provided
and communities, and is supporting partners under national and subnational levels, including the Regional Office (ECARO) conducted a short technical support to Albania, Armenia, Bulgaria,
the leadership of the National Council on Children’s establishment of more than 300 Community survey to take stock of what national authorities Croatia, Georgia, Kyrgyzstan, Montenegro
Services to develop child-friendly messages for Victim Support Units, that provide essential child were doing to adjust national child justice and and Turkey for implementation. The guidelines
children in institutions and other vulnerable children protection services in local communities. child protection systems and services in light of have been translated into Russian and six other
on how to protect themselves from COVID-19. the COVID-19 pandemic. The survey identified national languages and have been formally
26 27FOR EVERY CHILD, JUSTICE FIELD NOTES
adopted by local Bar Associations and/or other although some are due to return to custody once Judicial Council issued a decision in favour of the Supreme State Prosecution’s office, Police
appropriate bodies in these countries. They the pandemic has been brought under control. use of virtual courts to ensure remote and online Directorate and the children’s correctional facility.
have also been incorporated into the training UNICEF and the Union of Bar Associations are hearings. Cases affecting children in contact with
curricula of legal professionals and other legal continuing to advocate for the release of children criminal, civil and administrative law were allowed Since the onset of the pandemic, a moratorium
aid providers. Legal aid services were supported in pre-trial detention. UNICEF proactively provided to continue, ensuring children’s access to justice has been in place prohibiting new admissions
in 11 countries, reaching approximately 29,294 various guidelines in Turkish and supported and allowing many of those in pre-trial detention into the juvenile prison and the community-based
children through local partners, including NGOs, justice agencies with in-kind support, technical to have their ‘arrest in jail’ measure replaced with correctional facility.
bar associations and lawyers. assistance in advocacy, and innovative capacity- an ‘arrest at home’ order.
building opportunities in the form of online case Eight out of 16 children were released from the
In addition, tools to strengthen the role of management and training. The Ministry of Justice also launched a platform community-based correctional facility but were
national human rights institutions in supporting for providing online free legal aid to children and later returned when all the pandemic-related
children’s access to justice and to promote and An enabler for this result is UNICEF Turkey’s long women, which was crucial for those subjected to restrictive measures were relaxed.
monitor implementation of children’s rights were history of trusted partnership with the Ministry domestic violence and in pre-trial detention.
developed and shared widely within UNICEF of Justice, the Justice Academy, the Council of A key enabler for this result is UNICEF
and among the global and regional human rights Judges and Prosecutors and the Union of Turkish These advocacy efforts are part of the larger work Montenegro’s ongoing work to ensure equitable
institutions and children’s ombudspersons. Bar Associations. of UNICEF Albania in supporting the development access to justice for children (across criminal, civil
of juvenile justice legislation and policies in and administrative law) and to support the country
compliance with international standards. In 2019, to establish a child-friendly justice system that
Turkey Albania for example, Albania created multidisciplinary works in the best interests of the child, focusing
teams, which involves lawyers and social workers on the most disadvantaged children and families.
In Turkey, approximately 800 In Albania, the number of children in working collaboratively to respond to child
children serving a custodial detention was reduced by half, virtual offending or crimes against children.
sentence have been released juvenile courts were established, Uzbekistan
from detention, and juvenile justice and free legal aid was provided
case management and training has online to children and women. Montenegro In Uzbekistan, children have been
moved online. granted early conditional release
With the pandemic looming, Albania issued an In Montenegro, years of investment from detention.
Directly following COVID-19 being declared a amnesty in February 2020 and UNICEF intensified in diversion from arrest and detention
pandemic, UNICEF Turkey launched its advocacy its advocacy with the Ministry of Justice, the and reform of the juvenile justice UNICEF Uzbekistan is working closely with the
for the immediate and safe release of children General Prosecutor’s Office and the High Judicial system meant that when the COVID-19 Prosecutor General’s Office, the Prosecutor
in detention as an appropriate human rights and Council, warning of the dangers of keeping pandemic hit, there were fewer than General’s Office Academy, the Ministry of Interior,
health response. At the same time, UNICEF children in detention, and promoting the use of 20 children and young adults in the Supreme Court and the Ministry of Public
advocated for the provision of adequate care and alternative measures. To help authorities sharpen detention in the entire country. Education at the national and subnational levels.
access to health and water, sanitation and hygiene their response, UNICEF Albania translated the Based on the recommendations of the inter-
(WASH) services for children in state institutions inter-agency ‘Technical Note: COVID-19 and As part of its larger child protection response to agency ‘Technical Note: COVID-19 and Children
and other facilities. Children Deprived of their Liberty’28 into Albanian. COVID-19, UNICEF Montenegro is advocating Deprived of their Liberty’,30 the Prosecutor
for high-level institutions to protect the rights of General’s Office submitted an official request to
COVID-19 was also a factor in the Turkish These efforts contributed to halving the number children deprived of liberty. UNICEF Montenegro the Special Commission on COVID-19 Response
Parliament’s ratification of a bill to reduce the of children serving a custodial sentence and those translated the inter-agency ‘Technical Note: in Uzbekistan to grant early conditional release to
number of detainees, reduce overcrowding and in pre-trial detention, from 24 to 12. A further 70 COVID-19 and Children Deprived of their Liberty’29 children deprived of liberty.
prevent a potential outbreak of the virus in Turkish children on probation were allowed to stay at into Montenegrin and shared it with the Ministry
prisons. Approximately 800 children serving a home and maintain contact with their probation of Justice, Directorate for Execution of Criminal This has resulted in an initial early release of 6
custodial sentence were released from detention, officers via telephone or electronically. The High Sanctions, Supreme Court of Montenegro, boys out of 67 in a post-trial detention facility and
28 29You can also read
