Document

STRENGTHENING JUVENILE JUSTICE SYSTEMS
Your excellencies and friends
It is ironical that I should be chairing a session on strengthening of juvenile
justice systems when I and my colleagues are fighting, what we are still hoping
is not a losing battle, to ensure that the jj system in India is not weakened.
In India we have a model of juvenile justice that addresses both categories of
children- those in need of care and protection and hence vulnerable to falling
into conflict with the law and those in conflict with the law. Hence it includes
both preventive and curative provisions.
The emphasis as is should be –is on the child and not on the offence. But that is
going to change if the law changes and provisions for waiving children in the 1618 age group into the adult system in what will be categorized as ‘serious
offences” is introduced.
Despite some gaps it is one of the most progressive laws in the world in its
enactment. Ofcourse implementation is a whole other story.
Increasingly I find that the human rights one group of people are being pitted
against another and that is true at multiple levels- the current debate in India
has been posited as safety of women and girls vs. child rights especially the
young offender. We must be able to guarantee both and therein lies the
challenge. I hope the speakers will address this.
Dr. Julie Sloth-Nielson had said in her speech yesterday that the demerit of the
systems strengthening approach is that it detracts from JJ as its leaves the
judiciary out. How then do we address the question of strengthening JJ
systems?
9.00- 10.20
This morning’s session is aimed at:
 Setting the legal standard- Elaborating and improving juvenile justice laws and
procedures
• Addressing Judicial guarantees and ensuring that the right of the child to be
heard at all stages of the system
• Exploring the range of options for diversion and non-custodial measure
• Strengthening the system through capacity building by examining the Content
and methodology of initial and ongoing training for relevant actors
But none of this is possible without political will and financial commitment. As
Regina Jensdottir so succinctly put it yesterday- lack of budget is not an excuse
for discount on rights. JJ system cannot be strengthened unless it is matched by
resources.
Call:
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Mr Bernardo STADELMANN
Dr Atilio ÁLVAREZ
Justice Renate WINTER
Dr. Jean Zermatten
No more than 20 minutes. Since this is a session of persons who in India would
be referred to as GURUS of child rights, I will must not sound rude or sharp.
So I will start fidgeting after 15 minutes
1. Mr Bernardo STADELMANN
Vice-Director at the Federal Office of justice and Head of the Criminal Law
Division Since 2004 .
Will speak to the questionsHow can we encourage legislative and procedural reform ? How can we mobilize
civil society and gain public support, especially for reintegration
2. Dr Atilio ÁLVAREZ
Defence lawyer, office of the General Prosecutor of Argentina
Dr. Alvarez will be speaking on the range of options available for diversion and
non-custodial
measures
and their
advantages
and
challenges
regarding reintegration.
3. Justice Renate WINTER
An expert on juvenile justice, women’s rights, and family law. Justice Winter
began her judicial career in 1981 at the Vienna Youth Court, where she handled
issues relating to drug addiction and mental disability. Among the many positions
she has held since is Judge of the Special Court for Sierra Leone (SCSL) and
international judge in Kosovo. She is currently a member of the UN Committee on
the rights of the Child.
The range of options for diversion and non-custodial measures
Dr. Jean Zermatten
Has been as President and Dean of the juvenile Court of the Canton of Valais
(Switzerland), Lecturer at the University of Fribourg (Arts Faculty, Social Work and
Law Faculty). He is the Founder of the International Institute for Children in Sion
in Switzerland and has initiated and launched the MAS in Children’s Rights. He is
also the former chairperson of the Committee of the Rights of the Child.
Justice Winter will speak on the Content and methodology of initial and ongoing
training for relevant actors.
He will address the questions:
 What are the criteria to assess the quality of training content and
methodology?
 How can we evaluate the impact of training on the practices of actors in
the juvenile justice system ?
TEA BREAK
10.50- 12.10
Country examples
Country delegates will share lessons learned from their own work in juvenile
justice system reform and based on their experience address the question on
how to overcome challenges in relation to justice system reform.
1. His Excellency Mr. Pascal BARANDAGIYE
Minister of Justice BURUNDI
2. Her Excellency Tea TSULUKIANI
Minister of Justice GEORGIA
3. Mr. MA Xinmin
Deputy General Director of Department of Treaty and Law, Ministry of
Foreign Affairs PEOPLE'S REPUBLIC OF CHINA
Before round table (5 Mins)
Call Ms. Avril Calder to introduce the International Association of Youth and
Family Judges and Magistrates
12.10- 13.00
Expert Round Table
To discuss Improvement of Juvenile justice laws and procedures.
Experts will comment on ways to overcome obstacles and challenges in relation to
legislative reform.
Experts:
 Dr. Armengol Cuara Lopez
 Justice Imman Ali
 Ms. Christina Weber Khan
Moderated by Michel Lachat, Juvenile Justice Magistrate from Switzerland