Human Rights and Legal Services for Children and Youth : Global Perspectives

This book discusses legal services clinics and various other access-to-justice initiatives that are established to protect and represent the rights and interests of children and youth in several countries across the globe. These could include legal services or access-to-justice clinics run by government or universities or community. The book has contributions from academicians, lawyers, researchers and legal professionals from several counties including India, UK, USA, Brazil, Australia, Indonesia, Poland, and Spain, which discuss how they represent children and youth in their countries. The book looks at how these access-to-justice initiatives currently provide assistance, what are the child friendly justice procedures they use, and best practices that can be replicable in other jurisdictions. The chapters contain findings of field research studies, some case studies, and models related to these topics. There are recommendations on ways to strengthen access-to-justice and legal services for empowering children and youth. The main goal is to create a resource for readers who want to expand child advocacy opportunities in their own universities and communities. The reader may also learn how to conduct legislative advocacy and case law advocacy to improve laws in other jurisdictions; and take-away best and replicable initiatives. The practices could be adaptable by other clinics and countries. The book will be useful to child rights advocates and defenders, students of law, legal researchers, civil society organizations, legal services authorities, legal aid institutions, educational institutions, school authorities, juvenile justice authorities, clinical legal educators, justice educators, justice practitioners and law and policy makers. Foreword Preface Contents Editors and Contributors List of Student Editors 1 Introduction 1.1 Children & Youth as Rights Holders 1.2 Access to Justice and Legal Services for Children & Youth 1.2.1 The Rationale for the Publication 1.3 University-Based Legal Services Clinics 1.3.1 Issues and Concerns Addressed in the Publication 1.4 Conclusion References 2 Access to Justice for Children: Challenges and the Way Forward 2.1 Background 2.2 Access to Justice: Moving Beyond the Conventional Understanding 2.2.1 Barriers to “Access” to Justice for Children 2.2.2 Barriers to Justice for Children 2.3 Conclusion References 3 ‘Not This Week, Maybe Next’—Understanding the Working of Legal Services Provided to Children in Conflict with the Law 3.1 Introduction 3.2 Methodology 3.2.1 Understanding the Inquiry Process Before the Juvenile Justice Board (JJB) 3.2.2 Apprehension and Custodial Violence 3.2.3 First Production 3.2.4 Functioning of the Juvenile Justice Board 3.2.5 Working of Legal Service Providers in the System 3.2.6 Role of the Guardian(s) and Family 3.2.7 Child Participation 3.2.8 Non-appearance of Children 3.2.9 Pleading Guilty 3.2.10 Findings and Discussion 3.3 Conclusion: The Role of the Lawyer References 4 Is the ‘Appropriate Adult’ Appropriate? 4.1 Introduction 4.2 The Vulnerability of Children in the Criminal Justice System 4.3 Who Can Be an Appropriate Adult? 4.4 Are Appropriate Adults Fulfilling Their Roles and Responsibilities? 4.4.1 Ensuring the Interview Is Conducted Properly and Fairly 4.4.2 Facilitating Communication with the Suspect 4.4.3 Advice and Assistance 4.5 Lawyers as Appropriate Adults 4.6 Redefining the Role of the Appropriate Adult 4.7 Conclusion References 5 A Rationale and Roadmap for Paralegal Clinics: Advocating for Disabled Children and Youth 5.1 Introduction 5.2 Clinical (Para-)Legal Education: Innovative, Interactive, and Applied 5.3 Expansion of Paralegal Opportunities and Formation 5.4 Lawyer Opposition to ‘Unauthorized Practice’ 5.5 Law School Administration of Joint Programs 5.6 Array of Clinical Skills and Values 5.6.1 Professionalization 5.6.2 Legal Commodification 5.6.3 Sensitivity to Human Factors 5.6.4 Collaboration 5.6.5 Alternative Dispute Resolution 5.6.6 Organizing 5.6.7 Self-advocacy 5.7 Clinical Advocacy on Behalf of Disabled Students 5.7.1 Individuals with Disabilities Education Act 5.7.2 Lack of Affordable Advocacy Services 5.7.3 Other Modes of Advocacy 5.7.4 Clinic Practice Models 5.8 Conclusion Appendix References 6 Transformative Role of Law School Clinics in Developing Child Advocacy in India: An Experiment with the Child Rights Clinic at V. M. Salgaocar College of Law, Goa 6.1 Introduction 6.2 Child Rights Protection in India 6.2.1 The Constitution of India and Child Rights 6.2.2 The Legal System in India to Ensure Child Protection 6.3 Protection of Children from Sexual Offences Act 2012 6.4 The Juvenile Justice (Care and Protection of Children) Act 2015 6.5 Goa Children’s Act 2003 (GCA) 6.5.1 Government Policies on Child Protection 6.6 Child-Friendly Procedures: Equipping the Defenders 6.6.1 Child-Friendly Procedures 6.6.2 Developing Skills and Child-Friendly Attitudes in the Defenders 6.7 Curtain Raiser: Child Rights Clinics in Universities and Law Schools 6.7.1 Need for Transition 6.8 Role of the Child Rights Clinic in a Law School Setting 6.9 Achievements of the Child Rights Clinic 6.10 Impact of the Child Rights Clinic 6.10.1 Pro bono Legal Services to Community 6.11 Replicability of the Salgaocar Child Rights Clinic Model 6.11.1 Orientation-cum-Training for Selected Students 6.11.2 Completion of Requisite Hours 6.12 The Challenges and Barriers 6.13 The Way Forward References 7 Addressing Child Sexual Abuse by the Clinic for Social Justice of the University of Valencia 7.1 Child Sexual Abuse in Spain 7.2 The Mission of the Legal Clinics 7.3 Human Rights and Public Interest Clinics 7.4 Public Interest Clinic of the University of Valencia 7.5 Background of the Approach to Child Sexual Abuse by the Public Interest Clinic of the University of Valencia 7.6 First Step in Clinical Work on Children's Rights: Collaboration Between Save the Children and the Public Interest Clinic 7.7 On the Impact of the Collaboration 7.8 Third Step: European Project on Child Sexual Abuse Prevention and Victim Protection 7.8.1 Clinic in the European Project 7.9 Third Step: Consolidating Children's Rights Clinic(s)? 7.10 Conclusions References 8 Children’s Access to Justice: An Examination of a Child’s Right to Participate in Parenting Decisions in Australian Family Law 8.1 Introduction 8.2 Legislative Framework for Resolving Parenting Disputes 8.2.1 The Best Interests of the Child and Equal Shared Parental Responsibility 8.3 Legal and Non-Legal Services for Children in Australian Family Law 8.3.1 Family Consultants and Single Experts 8.3.2 Independent Children’s Lawyer 8.4 Non-contested Parenting Arrangements 8.4.1 Family Dispute Resolution 8.4.2 Informal Agreements, Parenting Plans, and Consent Orders 8.5 Analysis 8.5.1 The CRC Framework for Children’s Participation 8.6 Conclusion References 9 The Important Role of the University Facing the Challenges for a High-Quality Education for Children in Brazil 9.1 The Rights of Children and Adolescents in Brazil: From Subjects of Rights to the Right to Education 9.2 Educating for Human Rights and the Inequality Scenario in Brazil 9.3 Educating with Human Rights: A Contribution from the Law School to the Promotion of Quality Early Childhood Education 9.4 The Educational Service Provided by the Clinic “Education for Justice” 9.4.1 Examples of Activities 9.5 Feathers Activity in Practice 9.6 The Rational Analysis 9.7 Conclusion References 10 The Hybrid Model of Street Law Program in Indonesia 10.1 Background 10.2 Street Law 10.3 Street Law and Legal Aid in Indonesia 10.4 The Hybrid Model of Street Law in Indonesia References 11 Beyond Access: Legal Aid for Child Refugees in India 11.1 Access to Justice Framework 11.1.1 International Context 11.1.2 Indian Context 11.2 National Statistics 11.3 Reports and Studies Conducted 11.3.1 Barriers and Challenges 11.4 Legal Empowerment of Children 11.4.1 Exercise of Right to Legal Aid and Representation by Refugee Children in Detention—Practical Concerns 11.4.2 Right to Other Assistance 11.5 Child-Sensitive Justice Proceedings 11.6 Role of Universities Through Legal Aid Clinics 11.7 Concluding Remarks References 12 (No) Children’s Rights at the Polish-Belarusian Border 12.1 Introduction 12.2 Legal Response to Mass Migrant Influx 12.3 Implementation of the Legislation 12.4 Children at the Border with Belarus 12.5 What If It Were Not for the Help of NGOs? 12.6 Helping Migrants—At What Cost? 12.7 Conclusion References