How to measure and evaluate Juvenile Justice in the European Union: The IJJO Juvenile Justice Indicators Cédric Foussard Director International Juvenile Justice Observatory www.ijjo.org IJJO Presentation www.ijjo.org IJJO Presentation International Juvenile Justice Observatory (IJJO): International organization based in Brussels recognized as a foundation of Public Interest. Vision: International, holistic and interdisciplinary concept of juvenile justice. International development of research to propose and promote appropriate policies, legislations and intervention methods in the context of a global juvenile justice without frontiers. Our target group: Universities, NGOs and public administration, international organizations concerned by the situation of young people at risk of exclusion and reclusion. Scope: Crime prevention, Intervention and educational measures and methods, S and P inclusion Juvenile Justice indicators Concept www.ijjo.org Definition of Juvenile Justice Indicators - Unicef :What? “An indicator provides a common way of measuring and presenting information that reveals whether standards are being met” - The IJJO in its Valencia Joint Declaration : Which extent? This action on setting common criteria and shared basis should continue towards the establishment of intervention methods and policy as well as shared reeducation and reintegration projects for young offenders” EU Text appealing for European cooperation in the field of juvenile justice The need of data The Hague Programme adopted by the European Council in 2004 recognised the importance of sustainable cooperation in the field of juvenile justice: starting by sharing common tools, as for instance statistics on crime and delinquency. ...need to establish European instruments for collecting, analysing and comparing information on crime and victimisation and their respective trends in Member States, using national statistics and other sources of information as agreed indicators’. www.ijjo.org EU Text appealing for European cooperation in the field of juvenile justice Need of data and analysis ▪ European Parliament 2006 resolution “Towards an EU strategy on the rights of the child” -supports all cooperation initiatives between international institutions to share experiences, information and statistical data to improve the awareness of the situation of children in the EU. ▪ European Economic and Social Committee 2006 Opinion: ‘The prevention of juvenile delinquency. Ways of dealing with juvenile delinquency and the role of the juvenile justice system in the European Union.’ -recommend to set up methodology to for developing evidence based policies in Juvenile Justice. ▪ EC 2011 EU Agenda on the right of the Child - Recommend to identify reliable, comparable and official data, on child friendly justice as well. www.ijjo.org IJJO Juvenile Justice indicators Background www.ijjo.org Background In the last 10 to 15 years, a number of comparative researches, studies and surveys have been dedicated to examine juvenile justice systems in Europe, unfortunately not many managed to identify whether national juvenile justice systems meet the International Standards both in law and in practice. The main difficulty lies in lack of appropriate means to conduct a comparison, e.g. lack of common terminology or the differing degrees to which comparable available data. The IJJO has decided to conduct a specific investigation on JJ indicators which has focused its interest on the European area due to the ease of comparing similar juvenile justice systems compared to the rest of the world. Background JUVENILE JUSTICE WITHOUT FRONTIERS GRANT IJJO “Juvenile Justice without Frontiers Grant ”funded the investigation developed by Ineke Pruin, Joanna Grzywa, Philip Horsfield (Univ. of Greifswald) “Juvenile Justice Indicators for Europe: How to Measure Juvenile Justice”, This investigation provides a global framework for measuring and presenting specific information about the situation of children in conflict with the law, focusing on the development of specific juvenile justice indicators for Europe. OBJECTIVES - Develop an uniform and standardised instrument for examining whether and to what extent the different juvenile justice standards are regarded both in the law and in practice. - Compare experiences of different countries and share good practices - Promote links between European countries, which will help to harmonise juvenile justice systems. Background Our investigation draws on a range of previous research and studies, without which it would not have been possible to identify indicators that are valid across Europe: - UNICEF set of fifteen juvenile justice core indicators (United Nations Office on Drugs and Crimes 2007). They are categorised into (a) quantitative indicators, and (b) policy indicators, and have provided us with crucial encouragements and suggestions from which to further develop our own. Some UNICEF indicators have been incorporated directly into the questionnaires presented here (and are clearly quoted as such, but in the majority of cases adapted for the “European context”) - Research on the different European Systems on Juvenile Justice was developed, to include efficient Indicators able to ask complex and multi-dimensional questions. (Sources used: (McCarney (1996), Shoemaker (1996), Dünkel/van Kalmthout/Schüler-Springorum, (1997), Albrecht/Kilchling (2002), Kilkelly/Moore 2002, Morgan/Evans (2002,....) IJJO Juvenile Justice indicators Methodology www.ijjo.org Methodology International Standards- Main Principles in JJ The following International instruments were the decisive starting point for our deliberations: The Convention on the Rights of the Child (1989) (CRC), United Nations Standard Minimum Rules for the Administration of Juvenile Justice (1985) (Beijing Rules), The United Nations Guidelines for the Prevention of Juvenile Delinquency (1990) (Riyadh Guidelines), The United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990) (“Havana Rules”) General Comment No. 10 (2007): Children’s rights in juvenile justice (GC No. 10 (2007)), Council of Europe’s Recommendation Rec(2006)2 (European Prison Rules) Council of Europe’s Recommendation Rec(2003)20 concerning “New ways of dealing with juvenile delinquency and the role of juvenile justice” (CM/Rec(2003)20) and Council of Europe’s Recommendation Rec(2008)11 concerning “European rules for juvenile offenders subject to sanctions or measures” CM/Rec(2008)11 Methodology Definition of the indicators for the different categories of interest and draft of two questionnaires a) Development of Indicators: - general and generic enough so that they are applicable to the various juvenile justice approaches in Europe. - sufficiently concrete to allow the degree of adherence to the standards to be identified. b) Development of questions, which can respond to the different chosen aspects of European Juvenile Justice Systems, to finally determine if International Standards are being met. c) Implementation of the questionnaires through national representative of Public Administration and independent expert. d) Quantitative and Qualitative results Methodology Identification of the categories to focus the investigation Questionnaire I on JJ system Special juvenile justice system Aims of the juvenile justice system Scope of juvenile justice I - Routes into the juvenile justice system Scope of juvenile justice II – Age groups Existence of procedural safeguards for juvenile offenders Diversion Dispositions by the juvenile court/judge after a formal hearing Methodology Juveniles deprived of their liberty- following sub-categories due to the extent of this theme Questionnaire II on Detention Accommodation Supervision by staff Provision of education Training and leisure time activities Work Health Aggression/ self-inflicted harm/ deaths/ conflict Regard for the right to privacy and (religious) self determination Disciplinary measures Complaints and complaint procedures Staff Regulations and provisions governing contacts with the outside world Involvement of parents Early release provisions Aftercare Inspections and monitoring of institutions Release preparations Juveniles suffering from mental illness Methodology Reaching agreements on the indicators and questionnaires, and examining their validity The presented questionnaires and indicators are intended to be regarded at this point as suggestions before they can be employed in practice. - European Scrutiny To achieve the aspired-to degree of universal validity, the questionnaires should be presented to and discussed in international boards, panels and committees that are preferably attended by representatives of each country to which the instruments are intended to apply. The ideal situation would be for the indicators to be agreed on at a scientific level (integration of European juvenile justice researchers), a governmental level and a non-governmental level. - IJJO Network The IJJO is working on it throught a Group of Academics which forms the Academic Section of the European Council of Juvenile Justice. Implementation through the European Juvenile Justice Council www.ijjo.org European Juvenile Justice Council Mission and vision a) Formulate recommendations on the development and evolution of juvenile justice in Europe. b) Obtain quantitative and qualitative information on the situation of children, adolescents and young people in conflict with the law within the region of Europe. c) Serve as a transmitter on the action lines that are being developed in various countries of Europe in fields related to intervention with minors in conflict with the law. d) Propose the promotion of coordinated actions between public administrations, non-governmental organizations and academic and training centres, in various countries in Europe. e) Draft reports, opinions and proposals. www.ijjo.org European Juvenile Justice Council Structure? • Public Administrations • Academic • NGO A European think tank composed of 81 members from the 27 EU Member states, and as well with specific European and international observers and experts. www.ijjo.org European Juvenile Justice Council Roma 2010 In 2010, along with the EJJO continued with the development of the European Council of Juvenile Justice. More than 70 professionals and experts from all 27 EU members and representatives of the three sections of the Council: The Public Administration, Academic Section and NGOs, participated in this second meeting held in Rome. Representatives of the Directorate General of Justice of the European Commission and the Council of Europe: projects of Communication on the Rights of the Child 2011 - 2014 of the European Commission and Child Frienfly Justice Guidelines of the Council of Europe . The Outputs of this second meeting were presented to the European institutions thrgought three Green Papers. www.ijjo.org European Juvenile Justice Council IJJO Green paper on Child Friendly Justice Public Administration Section of the EJJC “The evaluation of the implementation of international standards in national juvenile justice systems” A concept paper to justify the JJ Indicators: - overview of the basic principles of JJ Standards - EU snapshot of compliance with JJ standards focusing on the implementation -age criminal responsibility - alternative to detention - nature of deprivation of liberty, etc. - identifies existing tools and instruments of evaluation - recommendations to collect and analyze data at EU level www.ijjo.org Cédric Foussard Director International Juvenile Justice Observatory cfoussard@oijj.org www.ijjo.org