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Belfast Declaration The International Association of Youth and Family Judges and Magistrates held its (1) Ratification and implementation a. It is very important that all States ratify the CRC and its optional protocols on the b. Each country should have a national strategy for the implementation and protection (2) Article 12: The Right to be heard In consultation with children and young people article 12 of the CRC should be (3) Non Discrimination The right to non – discrimination (art 2 CRC) should be fully implemented and in that (4) Alternative care/permanency planning a. The child in alternative care should where possible return to her/his birth family b. When this return is not feasible, we emphasise the importance of a prompt and c. Throughout this process the rights and the best interests of the child and the views (5) Violence Against Children a. Children have the right to be protected from all forms of violence on an equal b. The outcome of the UNSG study on violence against children should be fully (6) Domestic Violence Measures to combat and prevent domestic violence must be taken; recognising (7) Children without Parental Care Children without Parental Care(CWPC) are the holders of rights and are entitled to (8) Child Abduction/ Intercountry Adoption In order to further strengthen the international protection of the rights of the child all (9) Children with parents in prison If a decision is taken to send a parent to prison, a well developed care plan must be (10) Health care All children and young people shall have the right to access early identification and A child infected or affected by HIV / Aids must enjoy all the rights enshrined in the SPECIAL PROTECTION (11) Children and Armed Conflict Children must be protected from the evils of armed conflicts. Using or targeting (12) Refugee and Asylum Seeking Children It is urgent that all States (while taking into account general comment number 6 of the a. Define a common policy in order to address the problems of unaccompanied (13) Trafficking of Children As regards trafficking of children for economic and / or sexual purposes: a. Harmonisation of legislation is needed to combat all forms of trafficking; (14) Child witnesses and victims of crimes In accordance with the UN guidelines on justice matters related to child victims and a. Children should be well informed throughout the process; (15) Street Children Priority must be given to the situation of marginalized and invisible street children (16) Diversion and restorative Justice Recognizing the largely transitory nature of youth offending and the particular a. Alternative diversion measures for children who come into contact with the (17) Detention a. Remands in detention (including pre-trial detentions) should be used only in (18) Drug Courts "The International World Congress sees the difficulties and problems
XVII World Congress in Belfast, Northern Ireland, from 27 August – 1 September
2006. In our efforts “to put the pieces together again” we focussed on the Convention
on the Rights of the Child and its optional protocols on the sale of children, child
prostitution and child pornography and on the involvement of children in armed
conflict as our most important and guiding international human rights instrument.
In the context of the implementation of the CRC, its optional protocols and other
relevant international human rights standards the participants in the XVII World
Congress of the IAYFJM would like to highlight the following statements which
reflect the key issues emerging from the deliberations and discussions during this
Congress:
sale of children, child prostitution and child pornography and on the involvement of
children in armed conflict. For combating and eliminating child labour it is equally
important that all States ratify ILO Convention 138 on the minimum age for
admission to employment and ILO Convention 182 on the immediate actions for the
elimination of the worst forms of child labour.
of the rights of children which is in full compliance with the CRC and other relevant
international Human Rights standards, which is properly resourced, effectively led
and is monitored by an independent and adequately mandated and resourced body
such as the office of a children’s commissioner. An important part of such a national
policy has to be the systematic and ongoing training of all professionals working with
or for children such as social workers, psychologists, lawyers, police officers,
prosecutors and judges.
incorporated into the domestic law of all state parties with particular regard to all
legal, administrative and policy decisions impacting on children. All decision makers
should be resourced and trained in how to give full effect to Art 12 on the right of the
child to be heard.
regard special attention should be paid to vulnerable groups of children and to
discrimination against girls. For example specific measures should be taken to prevent
child and forced marriages.
and we therefore emphasise the need to provide the birth family with support,
counselling and other services to facilitate this return.
individual assessment of the needs and circumstances of the child(ren) –including the
possibility to maintain contact with the birth family - in order to ascertain from a
range of options the best placement to give commitment, stability and continuity of
care to that child.
of the child and adults receiving services should be taken into account.
footing with adults. Due to their vulnerability children must be protected from all
forms of violence in all settings stipulated by the UNSG study on violence including
within the family, the school, institutions and the community, including within the
workplace.
supported and all measures must be taken to insure the implementation of its
recommendations.
international and regional human rights standards, children and non-abusive parents
and guardians must be given support in a culturally sensitive manner.
enjoy all the rights stipulated in the Convention on the Rights of the Child without
any discrimination. All necessary measures must be taken to insure the
implementation of these rights. To that effect States should support the adoption of
minimum standards and UN guidelines for the protection of the rights of CWPC as
recommended by the Committee on the Rights of the Child. States in partnership with
the civil society are invited to examine the existing systems of alternative care
including customary systems to ensure its conformity with the Convention and to
build on its positive aspects with a view to providing the child(ren) with a family
environment and to ensure that institutionalisation is the last resort and for the shortest
duration.
States should ratify the Hague Conventions on Child Abduction (1980), Inter-country
Adoption (1993) and on International Child Protection (1996).
put in place prior to incarceration, involving the convicted parent, her/his child(ren)
and significant others. The care plan must ensure protection of the child(ren) and
should provide for continued contact between the child(ren) and the parent.
In the light of the best interest of the child, States should consider the introduction of
the rule that pregnant women and mothers with children under the age of one year
should not be incarcerated. In this regard it is also recommended that steps be taken
to develop protocols for the police and others involved in criminal justice on how
parents, in particular mothers, with dependent /young children should be treated
within the criminal justice system in order to ensure that the rights and needs of the
child(ren) of these parents are well taken care off.
assessment of his or her overall health needs (mental, physical and developmental)
based on an approach which is timely, holistic, integrated and multidisciplinary,
tailored to the needs and the best interests of the individual child and his or her
particular circumstances.
CRC, in particular in respect of education, healthcare and social services. All
organisations and individuals working for / with children infected or affected by HIV
/ Aids should comply with the recommendations of the Committee on the Rights of
the Child in its general comment no 4 (2003) on HIV /Aids and the rights of the child.
children in armed conflicts must be criminalized in accordance with international
humanitarian law, including the Convention on the Rights of the Child & its optional
protocols. Perpetrators who use children as soldiers, as shields or as targets of military
operations must be treated as committing war crimes (crimes against humanity) and
must be brought to justice. In addition, special attention should be given to children
born to girls victimised in armed conflicts.
Committee on the Rights of the Child regarding the treatment of unaccompanied and
separated children outside of their country of origin):
minors, including the causes for their leaving their country of origin;
b. Investigate the personal and family situation of the child with a view either to
returning or taking care of the child in the country of arrival;
c. Create a protective legal status during the investigation and guarantee its
continuation if return is impossible.
b. Child trafficking should always be prosecuted as a “crime against humanity”;
c. National and international policy must condemn all forms of trafficking;
d. The granting of residence permits must favour the victims of trafficking;
e. The creation of investigation and co-ordination networks specialised in the
problems of trafficking and sexual exploitation of children is needed, including the
possibility of appointing special liaison officers to promote effective coordination;
f. Apply the principle of extra territoriality, without the requirement of double
criminality, to ensure effective prosecution;
g. Preventive information campaigns in the victims countries of origin on the rights
of the child and on the dangers of trafficking must be carried out;
h. Special attention must be given to vulnerable groups of children including street
children and unaccompanied asylum seekers.
witnesses of crime, child witnesses should be supported throughout the court process
to ensure that they feel safe, are heard in court and are able to give evidence
effectively. This support should be provided by an independent agency ensuring that:
b. Children should be dealt with in a non–abusive atmosphere;
c. Children should be cross-examined by trained individuals with child specific
expertise;
d. The court process should be taken forward without delay.
with adequate public information and sufficient human and economic resources. In
this regard special attention should be given to the implementation of the right of
every street child to education, adequate health care, housing/shelter and protection
and to maximum efforts to reunite them with their birth families unless that is not in
their best interest.
vulnerability of children who come into contact with the criminal justice system,
States should adopt, after consultation with children and young people, in compliance
with the CRC and other international agreed standards including the Beijing Rules,
the Havana Rules, the Riyadh Guidelines, UN guidelines on child victims and
witnesses of crime, a holistic youth justice system which prioritises and properly
resources:
criminal justice system;
b. An interdisciplinary approach which also fully involves children, the family and
community;
c. A restorative justice system which should include a meaningful partial transfer of
power to communities, victims, offenders and their families to produce a restorative
response to offending.
exceptional cases and in such exceptional cases should be supervised. Alternative
measures should be developed and used, such as measures allowing for the youth to
remain in his or her family or, if necessary in family type placements. Conditions
might be imposed on the guardians of these youths to ensure that proper control be
exercised.
b. Judicial delays should be reduced to a minimum.
Particular attention should be given to reduce court delays in cases where young
people are remanded in custody, pending their trial.
c. Minors should be detained only in special centres separate from any adult prison.
These centres should provide youths with education programmes during their
detention. Girls who are detained should be under the care of female staff.
d. Some form of external control should be exerted over the use of pre-trial detention
and the way it is applied.
associated with drug dependent or substance and alcohol misusing parents
as a fundamental and increasing problem. The Congress would wish to see
the development of a more comprehensive, holistic, inter-agency process
focused upon child protection and the development of treatment and
rehabilitation services in order to keep parents and children together or
to bring about the safe reunification of children with their families. The
Family Drug Treatment Courts are an example of good practice in this
area.