Federal government has said it is committed to providing guidance for legal practitioners when providing children with support and assistance to access justice.
The solicitor-general of the federation and permanent secretary, Federal Ministry of Justice, Mrs Beatrice Jedy-Agba, said children often find it confusing when they come in contact with the law having a sense of fear, distress and secondary victimization.
At a workshop on, “Validation Session of the Prosecution and Legal Aid Guidelines for Children in Contact with the Law, Child Witnesses and Victims” in Abuja, she said the outcome of the cases for the children when they come in contact with the law can have both long and short-term impacts on their lives.
Represented by the director of Public Prosecution of the Federation, Mr Mohammed Babadoko, the permanent secretary said, „Children come into contact with the law for various reasons which include – as defendants or witnesses in criminal proceedings; parties in family proceedings; victims of physical or psychological violence, sexual abuse or other crimes or rights violations; and as parties in civil or administrative proceedings on issues including health care, social security, disability, and asylum and refugee claims.
“The outcome of these cases which can determine whether the children go into detention or not; whom they will live with; what contact they can have with their parents and siblings; which country they will live in and where they will school can have both long and short-term impacts on their lives.
“Most children who are in contact with the law find the actual experience of legal proceedings confusing at best and a source of fear, distress and secondary victimization at worst. It is not unusual for them to find it difficult to communicate with the adults involved, to mistrust police and judges, to lack basic information and understanding about processes and procedures, and to face discrimination because of their age, gender or other characteristics such as living and working on the street or seeking asylum. Recalling painful events can be very stressful for child victims and witnesses, and if the legal procedure is not child-sensitive it may affect their recovery.
“However, many legal systems do nothing – or very little – to enable children to participate in proceedings in a safe, meaningful and dignified manner. One important building block for a child-friendly justice system is for children to have access to expert, specialized and trusted legal practitioners. Such practitioners can make an enormous difference to a child’s experience of the justice system and to the outcome of the case.
„It is intended that it serves as a practical tool to support both experienced and newly qualified legal practitioners in their daily work on the frontline of children’s rights and to also complement professional codes as it relates to their application when dealing with children. The Guidelines are rooted in international and regional standards regarding children’s access to justice and it is our hope that they become more operational and effectively implemented in order to achieve the objectives and purposes of the reforms in the criminal justice sector.“
In her welcome address, the director, Administration of Criminal Justice and Reforms in the ministry, Mrs Leticia Ayoola-Daniels, said the task before discussant at the workshop is to engage in a very robust and very stimulating discussions on the validation of the guidelines which were just reviewed in respect of the prosecution of criminal offences involving children who are in contact with the law either as offenders, victims or witnesses in the criminal justice system.
She said, “Our gathering today and our contributions so far is an indication of our strong commitment and dedication to the protection, preservation and the safeguard of the rights of children and the need to enthrone a system that will guarantee fair and equitable legal process for our children.
“Your presence underscores the importance of the task at hand in our collective efforts to promote an institutional mechanism that enables children to participate actively without fear or any form of discomfort during legal aid and prosecution proceedings and to further complement professional codes of conduct when dealing with children.
“It is my opinion that our gathering today is a veritable platform for collaboration, dialogue, and exchange of ideas for the validation of the guidelines which are fundamental in fostering the principles of justice, fairness, and accountability in handling cases with respect to children in line with international best practice.“
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