oa Article 40 - Setting the trend? Or not brave enough? The Council of Europe Guidelines on Child Friendly Justice

Volume 12, Issue 1
  • ISSN : 1562-4382



The Committee of Ministers of the Council of Europe adopted guidelines for European States to take into account when dealing with children in the justice system. These guidelines were adopted and published on 25 June 2010, thus making it a relatively new development in Europe. The process of creating such guidelines started in 2007 with the Council of Europe's Resolution No.2 on child friendly justice. In this resolution the Council of Europe acknowledged that alternatives to the custody of children should be developed and that the deprivation of a child's liberty should be absolutely necessary and as a measure of last resort. The resolution also underlined the importance of detaining children separately from adults. The resolution called on European States to respect the best interest of the child in all matters relating to child justice and agreed that there exist an important need for measures to be taken on child friendly justice. The Council of Europe then set out to examine child friendly justice before, during and after a trial of a child; investigate the extent of child participation; assess the manner in which children are communicated with in the justice system; gather information on current child friendly procedures; and lastly (and most importantly) to prepare guidelines for European States on child friendly justice.

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