This chapter aims to set the context for building a child-friendly justice system in Latvia. It then reviews the current justice needs of children and young people in Latvia, including their main vulnerabilities and challenges they face in accessing justice and legal services. Lastly, the chapter introduces the OECD child-friendly justice service framework and highlights the Report’s methodology.
Towards a Child-friendly Justice System in Latvia
Implementing the Barnahus model
2. Building a child-friendly justice system in Latvia: setting the context
Abstract
There is a common understanding that childhood is one of the most vulnerable periods of human life. Child vulnerability encompasses a wide range of individual and environmental factors that interact and compound, change and evolve over time. Individual factors stem from cognitive, emotional and physical capabilities or personal circumstances, such as: age, disability, or mental health difficulties (OECD, 2019[1]). Some of them can be invariable, for example, being a member of a minority, ethnic group or coming from an immigrant background; while others can be circumstantial, such as suffering from abuse, being an unaccompanied minor, or being in foster care. Environmental factors are observed both within one’s family and community. Factors such as poverty, material deprivation of a family, parents’ health and education levels, family stress and exposure to intimate partner violence are considered individual environmental factors. Community level environmental factors are those related to school and neighbourhood. They often reflect intergenerational facets and reveal that vulnerable children are concentrated in certain households, families and communities.
Given such factors, the situation of children should be further considered in light of intersectionality, defined as “different aspects of a person’s identity that can expose the person to overlapping forms of discrimination and marginalisation” (Government of Victoria, Australia, 2021[2]) (Box 2.1). Those include, but are not limited to gender, disability, religion and sexual orientation. In the context of violence, the evidence shows that those intersections can lead to increased risks, severity and frequency of exposure to violence (The Equity Institute, 2017[3]). Various risk groups can be identified, including young children, children with disabilities, children belonging to ethnic minorities or marginalised groups, children living on the street, children in conflict with the law, refugee and displaced children (United Nations, 2023[4]). Different groups of children are in danger of falling victim to different forms of violence. While girls are at a greater risk of sexual violence, neglect and forced prostitution, boys are at greater risk of physical violence (Krantz, 2005[5]).
Box 2.1. Family violence and violence against women: example from Australia
Victoria government’s “Free from violence strategy” reveals striking results about the rate of family violence and women facing violence. It aims to end family violence and violence against women. The strategy underscores that both family violence and violence against women have serious implications for children as they either experience family violence or become witness to it. According to the main findings, women who are over 15 years of age with disabilities are 40% more likely to be exposed to domestic violence than women with no disabilities. Similarly in Australia, 90% of women with an intellectual disability have been victims of sexual abuse, 68% of whom were reported to be under 18 years of age. In case of aboriginal populations, the strategy underlines that women and children experience considerably higher rates of family violence.
Source: (The Equity Institute, 2017[3]) Family Violence Primary Prevention: Building a Knowledge Base and Identifying Gaps for all Manifestations of Family Violence, https://www.vic.gov.au/free-violence-strategy-prevent-family-violence
2.1. Leaving no child behind: addressing vulnerabilities and legal and justice needs of children in Latvia
The key promise of the 2030 Agenda to “leave no one behind” translates into “leave no child behind”. As such it attaches the biggest importance to the fulfilment of the rights of children through the universal goals and targets, and to acknowledging the relevance of all SDGs to children, their rights, well-being and development (OHCHR, 2020[6]). Children are at the forefront of many challenges at the global, regional and national levels, whether it is related to poverty (SDG 1), hunger (SDG 2), health (SDG 3), education (SDG 4), gender equality (SDG 5), inequalities (SDG 10), violence or limited access to justice (Goal 16). Emerging evidence suggests an interrelated connection between unequal access to justice and socio-economic gaps. The close connection highlights that access to justice can both be a reason and an outcome of socio-economic status. (OECD, 2019[7]). In that regard, SDG 16 emphasises strengthening access to justice for all and SDG 16.2 calls to “end abuse, exploitation, trafficking, torture and all forms of violence against, children”.
One of the objectives of the Sustainable Development Strategy of Latvia until 2030, which is a key and long-term policy planning document, is to promote long-term investments in human capital and to change the paradigm in education in order to preserve the base value of human capital, to increase its productivity and to reduce social inequality. Without dealing with violence against children in detail, the document highlights the range of important elements for children’s well-being, such as: access to quality education and childcare, poverty eradication, social support to eliminate inequalities and exclusion, among others. The National Development Plan of Latvia for 2021-2027, which reflects the medium-term national perspective, provides several measures to establish a solid base for development from an early age, including the establishment of violence prevention programmes in educational institutions and among young people, improving the system for protection the rights of the child and ensuring co-operation by reassessing roles of national and municipal level authorities, including the Orphan’s and Custody Court, and by reforming the juvenile crime prevention system. To better understand the legal issues faced by children and young people in Latvia, a Legal Needs Survey (LNS) of Children in the country (Box 2.2) has been undertaken by the OECD in the context of this Report.
Box 2.2. 2022 OECD Legal Needs Survey of Children in Latvia
In September 2022, a survey was carried out among Latvian respondents on behalf of the OECD “Towards a Child-Friendly Justice System in Latvia: Support to Barhanus Implementation”.
The survey aimed to find out the following:
What kind of issues and problems children and young people experience in their day to day lives. This includes issues to do with housing, education and crime, as well as family issues.
How children and young people understand what they can and can’t do concerning these issues.
Where children and young people go for help when they need it.
How things could be improved so that children and young people can get the support they need.
Out of the 409 children and young people (aged 12 to 18) that participated in this survey, 54% identify as male, 46% as female, two respondents pointed out that they were non-binary, and one did not wish to disclose their gender. All respondents reported to be residents of Latvia.
The majority of respondents are Latvian-speaking (73%), 30% listed Russian as their mother tongue, one respondent indicated that Ukrainian is his/her mother tongue. 30% of the respondents come from a household were both Latvian and Russian are spoken.
93% of respondents are students either at a primary, secondary school or university, 6% are enrolled in a remote-learning program and 2% of respondents are currently unemployed. Only one respondent reports having a job in order to earn pocket money.
Almost all respondents (97%) respondents live in a family home with their parents or other caretakers. From the respondents who do not live in a family home, four reply that they own their own home, two live in an institution (e.g. care home, catered student hall, migrant holding centre) and two report that they are homeless.
14% of respondents have a long-term illness or disability. 33% point out that they are currently taking care of a sick, elderly, or disabled person.
Source: 2022 OECD Legal Needs Survey of Children in Latvia.
2.1.1. Legal and justice needs1 of children and impact on child well-being
Around the world, there is mounting evidence of a close association between experiencing legal problems and broader issues of health, social welfare and economic well-being (OECD, 2019[7]). Specifically, unresolved legal problems appear to have an adverse effect on different aspects of young people’s lives. Most commonly such problems result in prolonged stress for young people, cause health problems, loss of income as well as loss of confidence. In addition, due to these problems young people are at a greater risk of experiencing violence, homelessness, relationship breakdowns, barriers to education and employment (Kendrick, 2011[8]).
Figure 2.1. Percentage of children in Latvia reporting at least one problem between 2020 and 2022
Note: Survey participants were provided with a list of issues related to school, financial resources, health, well-being and family that are often experienced by children. Respondents were asked to answer Yes, No, or Not sure about the different problems included in the list. Respondents were able to report more than one problem. 25% of all interviewed children have experienced at least one issue in the past two years. The survey did not include problems experienced by the child’s parents, carers, and guardians, as well as situations where the child helped somebody else with their problem.
Source: 2022 OECD Legal Needs Survey of Children in Latvia.
Global estimations of violence against children show that half of children population, i.e. one billion children aged 2–17 years, experience physical, sexual, or emotional violence or neglect (Hillis et al., 2016[9])According to the evidence from the World Health Organisation’s (WHO) Regional Office for Europe, around 55 million children in the WHO European Region experience physical, sexual, emotional, or psychological violence every year (World Health Organization, 2020[10]). Data from the Council of Europe shows that 1 out of 5 children in Europe becomes victims of sexual violence (Council of Europe, 2023[11]). It is a common understanding that many children are falling through the cracks and official statistics often do not correspond to the real numbers (WHO Regional Office for Europe, 2018[12]).
According to the results of the LNS of Children in Latvia, 20% of respondents have noted that they had experienced bullying or verbal/physical harassment at school. The rate of bullying is higher among girls (21%) than boys (17%).2
Bullying and verbal/physical abuse harassment are more prevalent in the capital city of Riga and the areas surrounding it, but less common in the northern and eastern regions of Latvia (Vidzeme and Latgale). In addition, young people who have had more experience with a variety of issues, rate their problems as more meaningful, which might suggest complex interconnected problems. For example, 23% of young people who rated their problem as average in seriousness (from 3 to 5, where 1 refers to less serious and 10 to the most serious), have had experience with bullying and verbal/physical harassment, in addition to 29% of respondents who rated their most recent problem from 5 to 10. On average, 25% of all interviewed young people have experienced at least one issue. The most common issues that respondents have reported are:
difficulties accessing a doctor or a psychologist/psychotherapist (22%)
bullying (20%)
issues with goods or services they had paid for, for example broken products or bad service with a mobile phone contract (17%)
a family dispute about money that is used or needed to support them (13%)
being unable to get into the school of their choice (12%) 3
Bullying and access to a doctor or a therapist were also frequently mentioned when respondents were asked for recommendations on improving services in Latvia.4 Access to a doctor is especially important for children who are experiencing legal needs, as they may not know how to express themselves or may experience physical or mental health problems. In addition, access to a doctor may be necessary to document any injuries or obtain a referral to other professionals or resources.
Latvian evidence between the years 2016 and 2021 inclusively shows that the numbers of female victims of rape, sexual violence, acts of sexual nature, acts leading to depravity, cruelty towards and violence against minors aged below 17 were consistently higher compared to male victims. However, in 2016 and 2017, the numbers of male victims of cruelty towards and violence against a minor exceeded the numbers of female victims. Between 2016 and 2021, the highest numbers both for female and male victims were recorded for cruelty towards and violence against a minor while the lowest numbers were recorded for rape and acts of a sexual nature with a considerable gap between female and male victims. Similarly, 407 criminal offences against minors were recorded in 2020, and 1 550 children who suffered from emotional, physical, and sexual violence and neglect received treatment (Central Statistical Bureau of Latvia, 2021[13]).
Earlier evidence suggests that more than one-third of young children in Latvia reported cases of emotional neglect, and around 25% reported physical neglect (Velika et al., 2012[14]). Based on a 2015 Ombuds Office’s study, 47% out of 500 children aged 11-18 in Latvia reported having experienced some form of violence, including emotional, psychological and physical abuse (WHO Regional Office for Europe, 2018[12]). It is observed that violence against children in Latvia increased in 2021. In 2021, children most often suffered from crimes against morality and sexual integrity (54.3% of cases, a 15.7% increase since 2020) or cruelty and violence (15.4% of children, a decrease of 8.4%). There has also been an increase in the number of children who have been victims of pressure to take part in sexual acts (50 children, or an increase of 34 cases), leading to depravity (63 children, or an increase of 31 cases), violation of provisions regarding pornographic performances and materials (54 children, or an increase of 26 cases), and sexual abuse (76 children, or an increase of 17 cases).
It is also worth noting that the Statistics Portal of Latvia keeps track of the number of victims below the age of 17 (Figure 2.2).
Figure 2.2. Number of victims in Latvia between 2016-2021 below the age of 17 years old
Source: Developed from data derived from the Statistics Portal of Latvia (Government of Latvia, 2023[15]), Official statistics portal, Official statistics of Latvia, https://stat.gov.lv/en/statistics-themes/population/crimes.
Violence against children constitutes a violation of child rights, affects their enjoyment of other rights as well as their social development, has devastating mental and physical health consequences, and far-reaching costs for societies and economies (Council of Europe, 2016[16]). It can result in death, lead to severe injuries, impair the development of the brain and the nervous system, lead to the development of negative coping and health risk behaviours, unintended pregnancies, induced abortions, gynaecological problems, and sexually transmitted infections (including HIV). It can also contribute to a wide range of non-communicable diseases as children grow older, while impacting opportunities available to them and harming future generations (World Health Organization, 2020[10]). For instance, data shows that more than 50% of people who were abused as children experience domestic violence later in life (Office of National Statistics, UK, 2017[17]). At the same time, a child who was abused is more likely to abuse others as an adult, which adds to the multi-generational cycle of violence (World Health Organization, 2022[18]). Moreover, children who experienced violence in childhood have a 13% greater likelihood of not graduating from school (World Health Organization, 2022[18]).
In economic terms, the estimated global costs from the Overseas Development Institute (ODI) related to physical, psychological and sexual violence against children make up between 3% and 8% of global GDP (Child Fund Alliance, 2018[19]). The study highlights significant costs for individuals, communities, governments and economies, which far exceeds the investment required to prevent much of that violence. Another study in the USA indicated that child maltreatment costs at least USD 124 billion. However, a sensitivity analysis found this figure to run as high as USD 585 billion (Fang et al., 2012[20]). In Australia (New South Wales), there were estimated to be in excess of 150 000 cases of violence against children and youth aged between 0-24 years, which caused a financial burden of AUD 11.2 billion. This cost was shared by the NSW state government (2.3 billion), the federal government (600 million), as well as by individuals and the broader community (8.2 billion) (Deloitte, 2019[21]).
2.1.2. Barriers in accessing justice and related services by children
Children’s vulnerability often impedes their capacity to recognise and address their legal and justice needs (OECD, 2021[22])5. The limited participation in the justice system coupled with a limited understanding, trust and confidence in institutions and services can place children outside of the effective protection of the law.
Children’s special and dependent status creates challenges for them in accessing legal remedies and accessing justice generally (OHCHR, n.d.[23]), which include but are not limited to the following:
Children face general barriers that affect them in a similar way as they affect adults. Poverty, inability to pay court and/or legal representation fees or travel expenses to reach courts or other venues, lack of information, inability to understand complex and technical laws and procedures, length of proceedings, lack of legal aid and support services, language barriers, and a distrust in authorities are among the barriers that children face.
Children also face child-specific barriers. For example, in many cases they are not recognised as rights-holders due to their age, thus they are denied the legal capacity to initiate legal action. Children may not be supported adequately to overcome this barrier by parents, caregivers or other actors, and may lack independent representation and specialised legal assistance, which effectively limits their ability to participate in the legal system and to be heard. They may feel intimidated and threatened when attempting to access it. Some initiatives will soon start on behalf of the Ministry of Welfare to provide more social services to children. They will be able to access those services without having to get permission from their parents or to even inform them. There is also a growing consensus to allow children to vote at 16, at least in municipal elections.
Where deliberate efforts are not made to develop child-friendly procedures, children may face ‘child-insensitive’ procedures and may therefore be exposed to general disempowerment through victimisation, discrimination, stigmatisation and not having realistic access to the courts.
Further, there is often limited co-ordination between different agencies and stakeholders responsible for the well-being and fair treatment of children, such as child protection authorities, health, justice and education services. Limited inter-agency co-ordination or lack thereof can result in a situation where there is no authority that is accountable for the overall treatment and well-being of children engaging (or potentially engaging) with the justice system.
Certain disadvantaged groups of children face additional and more specific difficulties in accessing justice. Children with disabilities often face negative assumptions about their intellectual, psycho-social and physical capacities. Rather than being provided with additional support, they often face additional discrimination and limitations when they try to participate in the justice system. Indigenous children, children seeking asylum and children from minorities with different language and cultural practices than the majority can also face de facto discrimination and exclusion unless strategies targeting these disadvantages are implemented.
Children deprived of liberty in institutions face an obvious lack of access to normal family, community and legal professional support. They often face additional discrimination and stigma and often do not have accessible, independent or fair complaint mechanisms.
Finally, without access to appropriate and readily available information and support, children will often simply be unaware of their rights and how to acquire assistance and support when the legal needs arise.
The results of the LNS in Latvia also point out similar issues. When various services and institutions such as police, The Orphan’s and Custody Court and Ombuds Office were contacted for their opinion in Latvia, the high frequency of ‘neither agree, nor disagree’ statements suggest that a significant number of young people in Latvia do not have a clearly formed opinion of institutions or professionals that could help them and could ensure that their rights are protected.
The institutions or professionals that are perceived most positively by young people are the helpline for children and young people, as well as social workers. In comparison, lawyers and the justice system are perceived most negatively by the respondents. It bears noting that statements about lawyers and the justice system also received a substantial number of ‘neither agree, nor disagree’ answers. Therefore, it is probably likely that because of their lack of experience with these services, young people have not formed a clear opinion of them.
Figure 2.3. Children's sentiment towards justice-related services in Latvia
Note: The 409 survey respondents have been asked about their views on the main services available to them in Latvia. The children have been provided with a list of statements, both positive and negative, about each service and asked to indicate to what extent they agree or disagree with these statements, based on a five point scale. An analysis of the average children's perception of each of the seven services included in the survey was conducted based on the children's responses. The survey contained only positive comments on the Court.
Source: 2022 OECD Legal Needs Survey of Children in Latvia.
Only 40% of young people who have experienced issues related to school, family/housing, work and money or medical professionals/social workers, look for information online or elsewhere that would help them with their problem. Respondents who are most likely to look for information are those young people who have experienced a problem getting support from social services (69%), whereas young people who have been bullied are least likely to look for information online or in a document (48%). In general, young people who have experienced issues related to medical professionals and social workers are more likely to seek information, whereas respondents with problems related to school, family/housing are less likely to do so.
A small proportion of young people (5%) turn to a professional or authority figure - all of these respondents noted that they decided to talk to a teacher and rated the advice they received as helpful. Other respondents, however, tried to look for information online (40%) and turned to friends (14%) or relatives (82%) for advice.6
Despite a progressive international human rights framework concerning child-friendly justice systems, only a limited number of children whose rights are violated around the world initiate certain legal action and seek redress, whilst even fewer obtain an effective remedy. For children and young people, access to legal support can be essential for successfully resolving their legal problems, and thus combating poverty and exclusion, by securing their rights to social protection, education and health care. The positive difference made by legal advice services appears to be greater for young people than for the general population, suggesting that targeted investment in counselling services for young people could be better value for money than all-age approaches (Kendrick, 2011[8]).
To this end, to help address these barriers and to build effective child-centred justice system, the OECD Framework on Child-friendly Justice (forthcoming) can provide a roadmap for Latvia to support its efforts. This forthcoming Framework builds on the OECD Framework and Good Practice Principles for People-Centred Justice (OECD, 2021[22]),7 which in turn supports countries to transform their justice systems by implementing a people-centred approach and by focussing on specific vulnerable groups (Box 2.3).
Box 2.3. OECD Framework for a Child Friendly Justice System (forthcoming)
Building on the OECD Framework and Good Practice Principles for People-Centred Justice, the OECD is currently developing a framework for a child friendly justice system aims to support countries in guaranteeing the implementation of children’s rights and child-friendly policies and initiatives at the highest level. This focuses the people-centred approach to justice on key vulnerable groups-children and young people while making sure that justice is accessible and adapted to their needs and experience. Tailoring the justice systems to the specific needs of different groups improves access to justice in addition to creating policy outcomes that are not only visible for justice systems alone but also for other policy sectors.
The OECD approach to child-friendly justice is based on the four main pillars of the people-centred justice framework:
Designing and delivering children-friendly services within a people-centred justice system focuses on policy design based on the identification and resolution of children’s specific legal and justice needs.
Governance enablers and infrastructure looks at the role of government, key justice sector actors and other governance enablers in establishing justice systems that are accessible and tailored to the justice needs of children.
People empowerment recognises the importance of strengthening children’s and justice stakeholders’ capabilities on both sides of the justice service delivery systems to improve their understanding of the justice system and enable their participation in the design and delivery of justice and legal services.
Planning, monitoring and accountability focuses on establishing and maintaining evidence-based mechanisms to support decision making, monitoring and delivery of a child-friendly justice system. It uses evidence-based mechanisms to support the implementation of child-friendly justice services. It deals with the establishment of processes and investment to ensure that essential data is available; there are ongoing systems of evaluation to fill the gaps in the existing knowledge about cost-effective service delivery to improve children’s access and that progress can be monitored by governments through policy evaluation indicators.
Source: (OECD, 2021[22])OECD Framework and Good Practice Principles for People-Centred Justice, OECD Publishing, Paris, https://doi.org/10.1787/cdc3bde7-en.; (OECD forthcoming, 2023[24]) OECD Framework for Child-friendly Justice (forthcoming).
This calls for adapting the justice system in Latvia to be sensitive to children’s vulnerabilities, needs and rights, and to be more responsive to children’s participation in formal and informal decision-making procedures concerning them. The concept of a child-friendly justice system acknowledges not only children’s particular vulnerability but also their capability to exercise their rights in a manner consistent with their evolving capacities (Box 2.4). For instance, when dealing with child abuse and violence cases, this approach further calls for coordinating with social, health and other services to ensure that children are adequately supported and protected throughout the process (including being protected from their abuser, and, importantly, from being revictimised by the system). Supporting services and pathways in the criminal context should involve a specialised child justice system and pathway. The utmost consideration should be given to their age and stage of development at all stages – but especially when children are placed in detention (OECD forthcoming, 2023[24]).
Box 2.4. Global definitions of child-friendly justice
Access to justice is regarded as a right clearly recognised under general international law (FRANCIONI, 2007[25]), as a “fundamental right in itself and an essential prerequisite for the protection and promotion of all other human rights” (Human Rights Council, 2013[26]). As noted in the OECD’s Riga Statement, “equal access to justice and legal empowerment are intrinsic goods and foundational components of inclusive growth, transparent and accountable institutions and sustainable development” (OECD, 2018[27]).
Access to justice can be defined as the “ability to obtain a just and timely remedy for violations of rights as put forth in national and international norms and standards” while “proper access to justice requires legal empowerment of all children: all should be enabled to claim their rights, through legal and other services such as child rights education or advice and support from knowledgeable adults” (United Nations, 2008[28]).
Children at the centre of a justice service continuum: Leaving no one [child] behind in accessing justice requires rethinking the traditional approaches to delivering legal and justice services, focussing first and foremost on responding to people’s [children’s] needs. Services need to be “personalised” and responsive to the individual [child] and the situation (OECD, 2019[29]).
“Child-friendly justice” refers to justice systems that guarantee the respect and the effective implementation of all children's rights at the highest attainable level, bearing in mind the principles listed below and giving due consideration to the child’s level of maturity and understanding and the circumstances of the case. This refers, in particular, to justice that is accessible, age appropriate, speedy, diligent, adapted to and focussed on the needs and rights of the child, respecting the rights of the child including the rights to due process, to participate in and to understand the proceedings, to respect for private and family life and to integrity and dignity” (Council of Europe, 2010[30]). In that regard, and very importantly, “[g]rowing evidence shows that tailoring justice services to the specific needs of the population matters not only for better access to justice but also for achieving policy outcomes that go beyond the justice sector” (OECD, 2019[29]).
Source: (FRANCIONI, 2007[25]), The Rights of Access to Justice under Customary International Law, 10.1093/acprof:oso/9780199233083.003.000; (Human Rights Council, 2013[26]), Access to justice for children, https://www.ohchr.org/sites/default/files/Documents/Issues/Children/ReportAccesstoJustice_Dec2013.pdf; (OECD, 2018[27]), Riga Statement “Investing in Access to Justice for all!”, https://www.oecd.org/governance/global-roundtables-access-to-justice/riga-statement/; (United Nations, 2008[28]), UN Approach to Justice for Children, https://www.unodc.org/pdf/criminal_justice/Guidance_Note_of_the_SG_UN_Approach_to_Justice_for_Children.pdf; (OECD, 2019[29]), Equal Access to Justice for Inclusive Growth: Putting People at the Centre, 10.1787/597f5b7f-en; (Council of Europe, 2010[30]), Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice, https://rm.coe.int/16804b2cf3.
2.1.3. Methodology
The report has been prepared as part of the project “Towards a Child-Friendly Justice System in Latvia: Support to Barhanus Implementation”, funded by the European Economic Area (EEA) and Norway grants. The project aimed to support Latvia in re-thinking strategies to put children at the centre of the justice system and provide a comprehensive support system to tackle their complex needs. As part of this project, the OECD acted as a project partner, alongside the Children's Clinical University Hospital, the State Inspectorate and the Icelandic Government Agency for Child Protection. The OECD supported Latvia in reviewing its existing socio-justice services and in developing an integrated, coordinated and evidence-based model for justice service delivery for children.
As part of this work, the OECD carried out three types of data collection and analysis:
a) Assessment of children’s legal and justice needs. To conduct this assessment, the OECD developed a Legal Needs Survey (LNS) of Children (see Box 2.2), taking into account the Latvian context and the level of development of 12-year-old children and above. It aimed to find out:
What kind of issues and problems children and young people experience in their day-to-day lives. This includes issues that have to do with housing, education and crime, and other family problems.
How children and young people understand what they can and can’t do – their rights - concerning these issues.
Where children and young people can go for help when they need it.
How things could be improved so that children and young people can get the support they need.
Aligned with the SDG 16 survey to support the country in their reporting commitment under the SDG Agenda, the survey has been reviewed by experts from the University of Cork, who also prepared a consultation session with a group of children (outside Latvia), to gather their views on the language, scope and design of the survey. It underwent extensive consultation on data protection issues to ensure necessary safeguards were in place.
b) Assessment of justice pathways and experiences from children’s perspective and justice service delivery for children. In doing so, the OECD carried out online fact-finding missions and data collection, including with Latvia’s governmental and public officials, medical staff, social workers, legal professionals, members of NGOs, and other stakeholders both at the national and local levels (July and October 2021 and in 2022).
c) Cost-benefit analysis, to understand the associated costs and benefits of the establishment of the Barnahus model in Latvia. The analysis includes social and economic impact over a twenty-year period (starting from 2021 to 2040) using different assumptions. It involves both measurable financial metrics and intangible costs/benefits (e.g., children’s and families’ well-being, safety and satisfaction). This study aims to provide evidence-based analysis and a case for the sustainability of the Barnahus model in Latvia.
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[1] OECD (2019), Changing the Odds for Vulnerable Children, OECD, https://doi.org/10.1787/a2e8796c-en.
[29] OECD (2019), Equal Access to Justice for Inclusive Growth, OECD, https://doi.org/10.1787/597f5b7f-en.
[27] OECD (2018), Riga Statement “Investing in Access to Justice for all!”, https://www.oecd.org/governance/global-roundtables-access-to-justice/riga-statement/.
[24] OECD forthcoming (2023), OECD Framework for Child-friendly Justice (forthcoming).
[17] Office of National Statistics, UK (2017), People who were abused as children are more likely to be abused as an adult, https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/peoplewhowereabusedaschildrenaremorelikelytobeabusedasanadult/2017-09-27.
[6] OHCHR (2020), Child Rights and the 2030 Agenda for Sustainable Development, https://sustainabledevelopment.un.org/content/documents/26130Child_Rights_2030_Agenda_HLPF_2020.pdf.
[23] OHCHR (n.d.), The Core International Human Rights Instruments and their monitoring bodies, https://www.ohchr.org/en/core-international-human-rights-instruments-and-their-monitoring-bodies (accessed on 24 February 2023).
[3] The Equity Institute (2017), Preventing and responding to family violence: Taking an intersectional approach to address violence in Australian communities, http://www.equalityinstitute.org/family-violence-primary-prevention-in-victoria/.
[4] United Nations (2023), UN Study on violence against children, https://violenceagainstchildren.un.org/content/vulnerable-groups.
[28] United Nations (2008), UN Approach to Justice for Children, https://www.unodc.org/pdf/criminal_justice/Guidance_Note_of_the_SG_UN_Approach_to_Justice_for_Children.pdf.
[14] Velika, B. et al. (2012), Adverse Childhood Experiences of Young Adults in Latvia - Study Report from the 2011 Survey, https://www.spkc.gov.lv/lv/veselibu-ietekmejoso-paradumu-petijumi/adverse-childhood-experiences-of-young-adults-in-latvia.-study-report-from-the-2011-survey.pdf/adverse-childhood-experiences-of-young-adults-in-latvia.-study-report-from-the-2011-survey.pdf.
[12] WHO Regional Office for Europe (2018), Situation analysis of child maltreatment prevention in Latvia, https://www.euro.who.int/__data/assets/pdf_file/0020/361451/child-maltreatment-prevention-latvia-2018.pdf.
[18] World Health Organization (2022), Child maltreatment - key facts, https://www.who.int/news-room/fact-sheets/detail/child-maltreatment.
[10] World Health Organization (2020), Violence against cildren: tracking hidden abuse, https://www.who.int/europe/news/item/13-01-2020-violence-against-children-tackling-hidden-abuse.
Notes
← 1. In broad terms, legal and justice needs refer to people’s justice priorities and may include a problem with a legal or justice dimension in any sector or any party, whether or not this is recognised by those involved, and to the subsequent demand to access (public) justice services and other dispute resolution mechanisms in order to obtain recognition of and remedy to such problem.
← 2. 2022 OECD Legal Needs Survey of Children in Latvia.
← 3. 2022 OECD Legal Needs Survey of Children in Latvia.
← 4. 2022 OECD Legal Needs Survey of Children in Latvia.
← 5. Legal and justice needs are defined as the specific problems with a legal dimension that individuals experience in various sectors such as health, family, business and to the subsequent demand to access (public) justice services and other dispute resolution mechanisms in a remedy
← 6. 2022 OECD Legal Needs Survey of Children in Latvia.
← 7. The framework with its four pillars, aims to determine the justice needs of societies, design and deliver accessible justice systems based on those needs while at the same time fostering accountability, people’s empowerment and inter-agency cooperation. The framework builds on four pillars that include “1) designing and delivering people-centred services, 2) governance enablers and infrastructure, 3) people empowerment, 4) planning, monitoring and accountability”.