• What is it & why is it important?
  
• What does it mean for diversion & alternatives?
  
  • Key issues
    
  • Tips for planning and implementation
    
• How does this link to the other elements of the Protective Environment Framework and the 3 principles?

What is it & why is it important?

Open discussion and the engagment of media and civil society are particularly necessary to advance the debate on children in conflict with the law which is frequently subject to 'heat' rather than 'light'. The media can play a crucial role, for example in reporting positive actions by children and adolescents, not only negative coverage of young people committing offences. The media also has a strong influence on the way the general public perceives offending and offenders. This element of the PEF is therefore closely linked with that on 'attitudes, traditions, customs, behaviour and practices'.

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What does it mean for diversion & alternatives?

Key issues :

1. Who are the key audiences you need to engage in dialogue and what is the most effective way to do this?
2. Who are the priority groups?
3. What are the key messages for each audience?
4. What is the best way to deliver these messages (balancing a respect for local culture with avoiding reinforcing unfair and discriminatory power structures within communities (e.g. whilst promoting gender equality, child participation and non-discrimination)?
5. What are the most effective processes and mechanisms by which attitudes, behaviour and practices are influenced (e.g. mass media versus local media, broadcast versus print media, religious teachings, schools, traditional leaders, creative outreach and communication)?
6. What is the political alignment and 'editorial opinion' of the various media outlets in relation to children in conflict with the law?  
7. Is media coverage accurate and balanced?
8. Is it preferable to consolidate / strengthen links with 'friendly' contacts or engage immediately with less sympathetic contacts, or can both be done at the same time?
9. Does the media operate according to ethical guidelines in relation to reporting on children's issues?
10. If not, then how can such ethics codes be promoted?
11. How can children themselves be involved in researching opinion and promoting attitudinal change?

    What support and protection will they need to do this?

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• The arguments set out earlier in this toolkit in relation to why diversion and alternatives are so important should once again help significantly with the 'head, heart and hands' advocacy and communication process with civil society and the media (to positively influence knowledge (head), attitude (heart) and practice (hands)). For example:
  • the section on 'child development and psychology' can be very useful in prompting people to re-think their attitudes towards children in conflict with the law;
  • the sections on 'public safety and recidivism', 'conflict resolution & victim/survivor impact' and 'cost effectiveness' can help to persuade stakeholders of the benefits of diversion and alternatives;
  • the summary document of 'why diversion and alternatives are important' is a useful reference tool for advocacy and communication purposes;
  • the section on 'overcoming common obstacles' includes additional tips relevant to this topic;
  • the section on 'attitudes, traditions, customs, behaviour and practices' is also very closely linked to this topic.

• “The idea of dealing with the problem [of children in conflict with the law] through a hard-line or repressive approach is often deemed as being the most expeditive and effective in satisfying the immediate demands and concerns of public opinion. Such demands are often dictated by the media, who at times seem quite willing to deal in statistics that can easily be manipulated and that the public is unlikely to fully understand.”[1] Awareness-raising, sensitisation and the development of good relationships with the media are therefore essential elements of any diversion and alternatives initiatives.

• A study was undertaken in 2002 by the Children's Legal Centre UK for the Office of the High Commissioner for Human Rights on the role that public perception plays in the implementation of international juvenile justice standards. It was published in 2005. The document examines in detail the interplay between public opinion, media and government policy and the use and role of opinion polls. It includes 2 case studies as separate annexes: South Africa (the groundswell of positive public opinion which led to the post-apartheid reforms, followed by the backlash); and the UK (the huge impact of public/media reaction to a notorious murder committed by children). Download:
  
  • 'The Role of Statistics and Public Opinion in the Implementation of International Juvenile Justice Standards', Carolyn Hamilton and Rachel Harvey, The European Institute for Crime Prevention and Control, affiliated with the United Nations, Helsinki, 2005 [Pdf 128kb]
    
  • Case Study 1: South Africa - The Fragility of the Children’s Rights Agenda [Word 89kb]
    
  • Case Study 2: Bulger and the UK: The Media, the Public and the Government’s Reaction [Word 72kb]

• Media guidelines:
  'The Media and Children's Rights', Mediawise and UNICEF, 2005, [Pdf 369kb] [Guidelines for journalists on how to safeguard children's rights in media reports].

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How does this link to the other elements of the Protective Environment Framework and the 3 principles?

A. Child rights-based approach: Open discussion with civil society and the media in relation to diversion and alternatives is a useful tool to build the capacity of duty-bearers to fulfil rights and of claims-holders to demand them. Work in this area must take into account the 'umbrella rights' of the CRC: the right to life, survival and development (Art. 6), non-discrimination (Art. 2), best interests of the child (Art. 3), the right to be heard (Art. 6) and implementation to the 'maximum extent of available resources'.

B. Systemic approach: It is possible that other initiatives already exist in relation to open discussion with civil society and the media - e.g. in relation to child rights, child protection and possibly rule of law and governance reform - which can be capitalised on for diversion and alternatives more specifically. See below for more detail on each of the 8 PEF elements.

C. Restorative justice approach: Open discussion should include the topic of restorative justice to examine where these approaches are possible and appropriate. There may be existing discussions in this area in relation to traditional or non-formal justice systems, or in the form of restorative justice approaches for adults in conflict with the law which can be capitalised on.

Other elements of the PEF:

#1. Government commitment to fulfilling protection rights: Government commitment is strongly influenced by public and media opinion. In turn, government commitment can help to influence public and media opinion to promote acceptance and support of more progressive policies for diversion and alternatives at community level and amongst professionals. The 2 elements are therefore closely linked.

#2. Legislation & enforcement: Open discussion with civil society and the media can contribute significantly to building constituencies of support for legislative reform and enforcement. Legislation in turn can provide a strong platform on which to engage civil society and the media in dialogue.

#3. Attitudes, traditions, customs, behaviour & practices: This PEF element is very closely intertwined with 'open discussion'. Open discussion is the strategy by which communication, sensitisation and advocacy can take place in order to influence attitudes, traditions, customs, behaviour and practices to support diversion and alternatives.

#5. Children's life skills, knowledge & participation: Open discussion is necessary to develop civil society and media support for programmes which enhance the life skills, knowldege and participation of children in conflict with the law. In turn, capacity building of children in these areas can help them to be involved as actors in engaging directly in such 'open discussions'.

#6. Capacity of those in contact with children: Open discussion with civil society and the media can contribute significantly to the capacity building of those in contact with children by influencing public, political and professional opinion to support their work directly with children.

#7. Basic & targeted services: Open discussion with civil society and the media is necessary to develop public, professional and political support for the provision of sustainable services for diversion and alternatives in practice.

#8. Monitoring & oversight: The process and content of 'open discussions' with civil society and the media need to be monitored for relevance, efficiency, effectiveness, impact and sustainability.

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Footnotes:
1. Bernard Boëton, 'The Juvenile Justice System, a Key to Human Security Policy Reform’, in Seen, But Not Heard: Placing Children and Youth on the Security Governance Agenda, David Nosworthy (Ed.), Geneva Centre for the Democratic Control of Armed Forces (DCAF), 2009, p.129 [Translated from the French by Intonation, Lyon and interpreted by David Nosworthy].