UNICEF Diversion Alternatives Toolkit 2009 How do diversion

UNICEF Diversion & Alternatives Toolkit 2009 “How do diversion & alternatives fit into the bigger picture of children in conflict with the law, justice for children & child protection? ” [These slides should be considered in conjunction with the toolkit section on ‘The bigger picture’ as well as the ‘Glossary of terms relevant to children in conflict with the law’ in ‘Key reference documents’. ]

What’s the relationship between diversion, alternatives, children in conflict with the law, justice for children & child protection? CHILD PROTECTION: a protective environment for all children (prevention & response) Child protection CHILDREN IN CONFLICT WITH THE LAW / JUVENILE JUSTICE: Justice for children criminal justice system only; / child justice children accused of, or found responsible for, CICL / JJ breaking the criminal law (does not include victims/ Diversion & survivors or witnesses although alternatives there is often overlap for individual children) JUSTICE FOR CHILDREN / CHILD JUSTICE: children who come into contact with any justice system (criminal, civil or administrative) e. g. as subjects in custody cases, n need of care & protection, victims/survivors, witnesses & children DIVERSION & ALTERNATIVES: in conflict with the law an important component of overall reform of systems for children in conflict with the law

How do the 8 elements of the UNICEF ‘Protective Environment Framework’ fit in? Monitoring & oversight Basic & targeted services 8 1 Child protection Justice for children / child justice 7 CICL / JJ Government commitment to fulfilling protection rights 2 Legislation & enforcement Diversion & alternatives Capacity of those in contact with children 6 Children’s life skills, knowledge & participation 3 5 4 Attitudes, traditions, customs, behaviour & practices Open discussion, including engagement of media & civil society

More about the Protective Environment Framework (PEF) • The 8 elements of the PEF are inter-dependent ad interrelated. Action is required in each of these 8 areas simultaneously. • The UNICEF Global Strategy on Child Protection (2008) categorises the 8 elements into 2 broad groups: – National Protection Systems (both state and non-state) [elements # 1, 2, 6, 7, 8 – shown in purple on the previous slide] – Social Change [elements # 3, 4, 5 – shown in grey on the previous slide] • Some UNICEF staff find this broad categorisation useful whilst others prefer not to ‘divide’ up the 8 elements. The important thing is to take all 8 elements into consideration when planning child protection initiatives (including for diversion & alternatives).

Summary 1. 2. 3. 4. Diversion & alternatives are an important part of broader work on reforming justice systems for children in conflict with law. This, in turn, is part of broader work on justice for all children in contact with any justice system in any capacity. This, in turn, is one part of child protection work in general. Work on diversion & alternatives should therefore be undertaken within – not in isolation from - broader programmes on justice for children and child protection. The 8 elements of the ‘Protective Environment Framework’ (PEF) apply to all aspects of work on child protection, including justice for children, children in conflict with the law and diversion & alternatives. Work on diversion & alternatives should therefore adopt an overall, systemic approach which coordinates with and capitalises on other child protection programme initiatives being planned and undertaken in relation to the 8 elements of the PEF.