On December 13, COPE member Alternative Sociale hosted the conference “Thinking of children – Respecting children’s rights in judicial proceedings” in Iasi, Romania. The event sought to promote child-friendly justice practices to Romanian central, regional and local actors – magistrates, police, prison system, probation and social services, lawyers and NGOs; and strengthen collaborations with national and international partners.

Among the 23 participants were several judges, including those from the Romanian Constitutional Court and the Iasi Court of Appeal, as well as tribunal and local court prosecutors. The attendees also included the Dean of the Iasi Barr, along with representatives from the National Administration of Penitentiaries, the Iasi County Police Inspectorate, COPE representatives from Ireland and Belgium and a judge from the Portugal Central Court.

Some event highlights:

  • Judge Daniel Mireuță of the Iasi Court of Appeal emphasised the importance of compassionate sentencing and the importance of promoting the right of children to be heard in judicial procedures that have an impact on their lives.
  • Judge Mona Maria Pivniceru highlighted the challenge of operationalising the principle of the best interests of the child particularly in the context of existing specific procedures and legislation; she presented the “Guide for hearing children in judicial procedures”, currently being revised as part of a project implemented by Alternative Sociale.
  • Judge Chandra Gracias (from Portugal Central Court) stressed the importance of specific training for all professionals working with children – conducting the hearing, facilitating prison visits etc., drawing on the example of Portugal, where hearings in penal cases involving children between the ages of 12 and 16 are conducted by the family court.
  • Training on child-friendly practices in judicial procedures should include lawyers, noted Judge Sofia Luca who stressed that can often perform their role in a manner that is harmful for children (e.g., their tactics may include confusing children, publicly contesting their accounts and the impact of their experience etc.). Lawyers need to be made of aware of the ways in which they can achieve their professional objectives while protecting the rights of the child.

  • Rachel Brett (COPE) presented Recommendation CM/Rec(2018)5 of the Committee of Ministers of the Council of Europe to member States concerning children with imprisoned parents. The presentation highlighted relevant jurisprudence, including the case of Deltuva v. Lithuania (23 March 2023), which strengthened the rights of children to ongoing contact with their parent in prison, including during pre-trial detention.

Following the roundtable, Judge Gracias articulated her commitment to organising a similar event in Portugal in the near future, to further strengthen awareness and action that keeps children in mind during adult criminal justice processes in the Portuguese context.