Child-Friendly Justice: International Legal Guidelines and National Challenges
DOI:
https://doi.org/10.32631/pb.2025.4.08Keywords:
criminal proceedings, child-friendly justice, restorative justice, international standards, child, ensuring rights, criminal proceedings involving minors, legal representative.Abstract
This article provides a comprehensive analysis of international legal standards of child-friendly justice and assesses their implementation in Ukrainian legislation and law enforcement practice. It is proven that international acts, both mandatory and recommendatory in nature, create the foundation for the integration of a child-centred approach, in which priority is given to the best interests of the child, their dignity, safety and protection from any form of discrimination or revictimisation.
It is established that the implementation of international standards of child-friendly justice in Ukraine is systematic and gradual, focused on adapting national law enforcement practices to European approaches in the field of child rights protection. An important step in this direction was the launch in June 2023 of a pilot project to implement international standards of child-friendly justice, which is currently being implemented by pre-trial investigation bodies and the prosecutor's office throughout Ukraine. As part of the project to establish child protection centres (based on the Barnahus model), which was launched in July 2024, procedural actions are carried out in safe, psychologically comfortable conditions, where comprehensive assistance is provided to children. Ukraine is also implementing separate initiatives aimed at developing restorative justice (through the implementation of the Restorative Justice Programme with the participation of minors who are suspects or accused of committing criminal offences) through a system of free legal aid.
It is proved that the implementation of international standards of child-friendly justice requires not only the formal consolidation of relevant norms at the level of regulatory and legal acts, but also the harmonisation of the national legal system and law enforcement practice. Improvements to the provisions of the Criminal Procedure Code of Ukraine should be aimed at clarifying the status of legal representatives and psychologists; ensuring the right of children to free legal aid regardless of their procedural status; developing procedural rules for concluding reconciliation agreements in criminal proceedings involving minors (both victims and suspects/defendants).
It is emphasised that the practical implementation of child-friendly justice principles requires a transformation of law enforcement approaches – from formal compliance with the rules to recognising children as subjects of law who have their own opinions, needs and dignity. Of particular importance is the development of the professional competencies of investigators, prosecutors, lawyers and judges in the field of communication with children, as well as the introduction of an effective system of interagency cooperation.
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Copyright (c) 2025 O. V. Pchelina, T. H. Fomina
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