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Implementation of JJC of

Albania asks for different

trained actors.Between de iure and reality

MAIN CHALLENGES

June 14, 2018

Prepared Prof.Dr. Arta MANDRO-BALILI

Expert in Family Law and Children

Rights. School for Magistrate - Albania

Decreasing of young population

• Demographic indicators collected by

INSTAT for 2017 show that:

– Number of children for 2017 was 743.047.

This means that they compose 25.8% of the

population.

– 12.5% are female and 13.3 % are male

• Figures show that the number of children

regarding to census in 2011 was 827432

which means 27.8% of the population.

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Some figures: important to know

• For the year 2016 there are 16 cases of

children who have committed suicide and

60 cases of children attempting suicide are

counted.

• Compared with 2015, number of children

who committed suicide was 11 and that of

children attempting suicide was 32

• So in 2016 there is an increase in the

number of suicides/attempting of children.

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Children as victim of abuse

• For 2016: 186 is the total number of

children as victims of criminal offence. Out

of them,133 are victims of DV, 2 children

victims of sexual abuse, 19 children

victims of ill-treatment and 32 children are

victim of murder, shameful acts, unlawful

child taken [abduction].

• Compared to 2015, the total no. of children

victims of criminal offence was 2764

Children trafficking –still a

phenomena• 2016: the number of Albanian children

trafficking was 42 in total. Out of them 39

female and 3 male.

• 2015: the number of Albanian children

trafficking was 46 in total.

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Abandonment & conviction, pre

trial detention • For 2016, the court issued decision for 20 children having the

status of abandoned. In 2015 that number was 40.

• For 2016 there are 567 or 3.83% children convicted

compared to the total sentenced. Out of which 13 are

females and 554 are males. In 2015, this number was 650

convicted children. For the year 2016, the average number of

children entering pre-trial detention according to the type of

criminal offense each month is 61 [80 in 2015]. They are

mainly boys who enter pre-trial detention for criminal

offenses. The highest number of children in pre-trial detention

each month is for theft that is 30 [47 in 2015].

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Some other figures

• Children’s discipline: 49 % of children from two to fourteen years old have been subject to some kind of domestic physical or psychological punishment;

• Early marriages: about 1 % of the girls marry before the age of fifteen and 8 % under the age of 18;

• Child development: About 32 % of children under the age of five have books in their households;

• Child disability: 11% of children from two to nine years old have been reported by their mothers to have impaired sight and hearing difficulties, speech defects and difficulties in learning (according to their mothers’ concept on disability).

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Components and Actors that contributes in

JJCC

1. Legal frame.

Do we have a good law

“for the best of the child”?

What is the content and

what is lacking?

2. Which are the structures

in charge and

are they adequate?

3. Human resources

Are they trained? Are

they properly qualified?

International

instruments.

Standards

Albanian legal frame

How is the

infrastructure?

Is it appropriate?

Parents

Child

Authority

Every one

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The mission to achieve the

standards of JJC: training

• It is not an easy task and simple one– How to make possible that the juvenile express views freely

– How to give due weight in accordance with the age and maturity of the child

– Which are all matters affecting the child

– Which way to ask the juvenile: directly, or through a representative or an appropriate body

• How to estimate comprehensively all physical,emotional, educational, economic, and health needsof the child.

• How to make an actual and perspective assessment

• Proffesionals: How should they be?

What is expected from them under JJC?

• Only trained professionals –this is what

JJC asks. They can perform interviews;

gather statements from juveniles; give

decisions.

• Their specialization is very important for

trust building. Specialization not only on

legal matters both material and procedural

but especially on communication skills,

understanding children views, be trusted

and confident, etc. 10

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Not one actor: is a system for

Administration of JJStructures of JJ system

State police

Judicial police

Prosecution office

Attorneys, Free LA; order of

Physiologic/sociolg

Court System

Detention and prosons

Ministry of Justice

High Council of Judiciary

School for Magistrate and Faculties of Law

Ombucman, Mediators

Social Service

• Analysis of current situation

•Legal basis

•Structures, units for minors

• Required international standards/ECHR

Unity and diversity

• The training topics should be specific

depending on the tasks of the

professionals of the competent bodies and

the role and position of the child. What is

important: training is mandatory and a

continuous process – tailored made!

• Be a team working with the same

standards

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How? - Child friendly justice

Through applying

all Principles/

Standards

Be wellknown by all

the actors

Have deeper

knowledge of

social, economic,

cultural context

Correct

implementation

of procedures

Realisation

Who is responsible for the child?

• Family, Parents, all the society and institutions.

The State!

– Children are the today reality and the reality in

perpetum for the future;

– Child protection and child best interest is

everybody’s responsibility;

– Every individual and all together increasingly

have an important role to play in child

protection and child best interest.

– Defending human rights and fundamental freedoms

at every procedural stage. Teaching them to all the

professionals is a duty and a guarantee.

Who, What & Why - Target Groups

Who is our auditor?

Why (or for what) have they come? So what

do they need ?

What trainers know / what participants know?

What trainers need to accomplish? what

participants should I know at the end of the

training

Need assessment and training: how to upgrade all the actors

How? – Methodology and

pedagogical skills

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T H A N K Y O U !