Children as suspects or accused persons in criminal proceedings - Procedural Safeguards

Every child has a right to be protected even when they are accused or suspected of committing a crime. The basic principles of justice apply to adults and children alike. But our research shows that truly upholding children’s rights in the justice system is far from simple. Too often, children who are suspects or accused persons in criminal proceedings face specific obstacles. They are treated poorly, lack access to understandable information and receive only limited legal support. They are perceived and treated as young adults, not as children. This goes against the grain of EU and international law which clearly stipulate children’s rights protecting their best interests. The EU Charter of Fundamental Rights guarantees the rights of a child (Article 24), as well as the respect for the right to a fair trial, the presumption of innocence and related defence rights (Articles 47 and 48). Directive (EU) 2016/800 introduces additional safeguards for children who are suspects or accused persons in criminal proceedings. This report presents the agency’s findings on how select Member States implement the directive in practice. The report builds on over 220 interviews with defence lawyers, judges, prosecutors, police officers, social workers, educators and children in nine Member States, covering broad ground in terms of geography and legal traditions. They show that practical implementation varies across countries and highlight some good practices, such as child-friendly templates for better communication, task forces for repeat offenders or artistic expression courses in prison. But EU countries could do more to fully uphold children’s rights in criminal proceedings. Children should be treated as children. Practices and procedures need to be adjusted to meet their needs: starting from how they are informed about their rights, how they are questioned and how they participate in their trial. This also includes the support of family members during the whole process, ensuring that the children’s privacy is protected. Detention should only be used as a means to educate children, protect them and help successfully reintegrate them into society. Our findings reveal how children’s rights are dealt with in criminal proceedings across the EU. We hope the insights will support authorities and policymakers in gaining a better understanding of the fundamental rights challenges encountered and potential remedies to address these. The ultimate goal is to protect children, allow them to learn and give them the best chance to succeed in life. Let us take this report as a guide to address the shortcomings that hinder our criminal justice systems from doing just that.