• 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?

According to the UNICEF Global Child Protection Strategy, this element "includes children, both girls and boys, as actors in their own protection through use of knowledge of their protection rights and ways of avoiding and responding to risks." Children in conflict with the law need to understand and be able to exercise their rights in relation to diversion and alternatives. This includes: being informed about the options available and being supported to make informed decisions, without coercion; having the opportunity to speak out and be heard; having access to legal support; having the possibility, where appropriate, to benefit from diversion and alternatives programmes which proactively foster the development of life skills; being protected in the context of such programmes by child protection policies and procedures; and being given the opportunity to input into the planning, implementation, monitoring and evaluation of diversion and alternatives programmes.

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What does it mean for diversion & alternatives?

Key issues :

1. Are children in conflict with the law informed about / do they understand their rights and responsibilities, including the principle of deprivation of liberty as a last resort and the right to be heard?
2. Are children able to make free and informed decisions about diversion and alternatives programmes?  
3. Do they have access to legal or other assistance throughout the process (e.g. paralegal projects or socio-legal defence centres)?
4. What existing legal, paralegal or other assistance projects are available and how can you link up with them?
5. Do diversion and alternatives programmes provide opportunities for children in conflict with the law to develop their knowledge and life skills where appropriate and to develop pro-social rather than anti-social behaviour (through formal and non-formal education, counselling etc.)?
6. Are there organisational child protection policies and procedures in place to ensure a safe environment for diversion and alternatives programmes?
7. Are children in conflict with the law given opportunities to input into data collection, programme design, implementation, monitoring and evaluation of diversion and alternatives programmes? Are there regular opportunities for feedback available?
8. Are children in general at community and national level involved in promoting debate and implementing attitudinal and policy reforms?

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• Essential safeguards for working with children - child protection policies and procedures: Step-by-step guide to the participatory process of introducing, developing and implementing organisational child protection policies and procedures. Includes sample content of policies, a range of creative training / workshop exercises, reference materials and ideas for child participation. Download: 'Child Protection Policies and Procedures Toolkit: How to Create a Child-Safe Organisation', Elanor Jackson and Marie Wernham, ChildHope, 2005:
  Front cover [Pdf 201kb]
  Introduction [Pdf 90kb]
  Stage 1 [Pdf 162kb]
  Stage 2 [Pdf 119kb]
  Stage 3 [Pdf 148kb]
  Stage 4 [Pdf 119kb]
  Stage 5 [Pdf 89kb]
  Stage 6 [Pdf 86kb]
  Appendices 1-15 [Pdf 137kb]
  Appendices 16-30 [Pdf 302kb]
  [The manual is also available in Spanish, French and Arabic via the ChildHope website]

• Other sample materials for diversion and alternatives:
  • Malawi - Introduction letter for a child entering a diversion programme [Word 22kb] Sample letter with blanks to fill in organisation name, dates & other details, encouraging the child to commit to the project as well as giving practical details.
  • Malawi - Psycho-social report to assess and recommend child for diversion [Word 34kb] Sample psycho-social report form to be filled out by Probation Officer, Paralegal Officer or Juvenile Justice Officer on the request of a court. Includes space for the author to recommend specific diversion programmes.
  • Afghanistan - Social Inquiry Report format
    
  • Tajikistan - Framework for monitoring an individual child’s progress from the ‘Juvenile Justice Alternatives Project’ in Tajikistan’
  • Mongolia, South Africa & Kyrgyzstan - Sample individual case files
    
  • South Africa - Statements by the child in conflict with the law and their parent/guardian (diversion)
  • Malawi & South Africa - NGO reports on a child completing a diversion programme

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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: The empowerment of children is essential to the 'arch of human rights' (supporting claims-holders to demand their rights) and is directly relevant for the 'umbrella rights' of the CRC: not only the right to be heard (Art. 12), but also the right to life, survival and development (Art. 6) and the best interests of the child (Art. 3). Interventions must also take into account non-discrimination (Art. 2), and implementation to the 'maximum extent of available resources' (Art. 4).

B. Systemic approach: It is possible that other initiatives already exist in relation to these particular aspects of child rights - e.g. through child protection programmes more broadly (existing life skills and participation projects) - 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: Children must be able to make informed decisions about whether or not to participate in restorative justice programmes where these are available. Where possible and appropriate, restorative justice can help to develop children's life skills by demonstrating the impact of their actions on others and encouraging them to make more informed decisions.

Other elements of the PEF:

#1. Government commitment to fulfilling protection rights: Government commitment can be enhanced through the supporting of children (through life skills, knowledge and participation), as claims-holders, to demand their rights.

#2. Legislation & enforcement: Legislation must incorporate key CRC articles - such as the right to be heard (Art. 12) and the right to access information (Art. 13 & 17) amongst others - which are directly relevant to children's knowledge and participation. Children need to have life skills, knowledge and be able to participate in order to benefit from the rights related to diversion and alternatives which are set out in legislation.

#3. Attitudes, traditions, customs, behaviour & practices: Communication, sensitisation and advocacy are often needed to challenge attitudes, traditions, customs, behaviour and practices which do not support children's empowerment and participation.

#4. Open discussion, including with civil society & the media: 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: Capacity building may need to include components which prepare professionals and others for 'new' ways of working with children (which are based on children's empowerment and participation).

#7. Basic & targeted services: Services for diversion and alternatives should include, where appropriate, opportunities for proactively developing children's life skills, knowledge and participation. Children can then, in turn, help to contribute positively to the development, implementation, monitoring and evaluation of such services.

#8. Monitoring & oversight: Initiatives relating to life skills, knowledge and partiicpation of children need to be monitored for relevance, efficiency, effectiveness, impact and sustainability.

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