The National Commission
The National Commission for the Protection of Rights of Children (NCPCR) in India has sought more knowledge and more insights into Preliminary Assessments. Here are some thoughts for the consideration of CHIFA members. Any discussions on it immediately would influence the Commission processes.
Preliminary Assessments
According to the Convention of the Rights of the Child, a preliminary assessment forms an important part of juvenile justice systems worldwide.
The convention states that authorities must use all measures available to ensure that children who are accused of or suspected of committing criminal offenses receive a fair and appropriate response from their legal system, taking into account their age and individual circumstances.
Particular attention must be paid to preventative measures such as preliminary assessments which can help identify mitigating factors (i.e. mental health issues, family dynamics, economic difficulties, etc.) and provide a better understanding of each case before any decisions about detention or other court-ordered placement are made.
Ultimately, these assessments should help ensure that juveniles are treated fairly in accordance with international standards for juvenile justice.
International Standards of Juvenile Justice
Since the adoption of the Convention on the Rights of the Child by the United Nations in 1989, international standards of juvenile justice have been established to ensure that children who are accused or suspected of committing criminal offenses receive a fair and appropriate response from their legal system.
By taking into account a juvenile’s age and individual circumstances, authorities can ensure that these standards are upheld when deciding on any sentences or other court-ordered placements.
One key element of this approach is conducting an effective preliminary assessment for each case.
A preliminary assessment. also helps identify any warning signs that the juvenile may be at risk of reoffending.
This type of assessment forms an important part of a well-rounded justice system as it gives authorities more information about each individual case before making any decisions related to detention or other court-ordered placements.
Impact on Mental Health and Long Term Consequences
Preliminary surveys are often used when dealing with suspected juvenile offenders and can have a major impact on both the offenders’ health and their future.
Mental Health Effects
One of the biggest issues surrounding preliminary surveys is the effect they can have on the mental health of young people. Surveys can be extremely intimidating and cause feelings of anguish and anxiety in those who are being questioned. Studies have shown that such questioning can lead to chronic stress, depression, and even post-traumatic stress disorder (PTSD).
Poorly thought out surveys and research can cause significant damage to the physical and mental health of young people. It is important to consider both short-term and long-term consequences when conducting any kind of survey or research with minors.
Emotional Distress
One of the most obvious issues with poorly planned surveys and research is how it can affect the mental health of participants. Studies have found that when surveys or research projects are too invasive, overly long, or intrusive, it can lead to feelings of anxiety, fear, and distress in children. This emotional distress can even lead to longer-term psychological issues such as depression, PTSD, or difficulty forming relationships.
Physical Health Effects
Poorly conducted surveys and research can also have a negative effect on young people's physical health. For example, if a study requires children to stay up late into the night or miss meals during testing periods, this could lead to sleep deprivation and malnutrition - both of which have serious health impacts on kids.
When dealing with minors it’s important that researchers take every precaution possible to ensure their safety and wellbeing is not at risk due to poor planning. Taking these steps will help ensure no lasting damage is done by studies or surveys involving minors.
Long-term Consequences
The results of a preliminary survey can also affect an individual’s life beyond the survey itself. These effects may include difficulty finding employment, lower self-esteem, or even increased risk of incarceration. In some cases, these long-term consequences can last for many years after the initial survey was conducted.
Although preliminary surveys are important for law enforcement and public safety, it's essential that we consider their potential impact on young people's mental health and long-term outcomes before conducting them. With proper training and sensitivity towards those involved, it may be possible to reduce the negative effects of preliminary surveys on both juveniles and adults alike.
Is there any relevant experience and expertise in the group. How do we minimise the impact? Has the survey done more harm than good? What are the minimum safe guards in conducting such surveys.?
Establishing Guidelines for Effective Preliminary Assessments
In order for effective preliminary assessments to take place, certain guidelines must first be put in place.
This includes establishing clearer criteria for when one should be conducted, using risk and needs assessments as part of the process, conducting comprehensive interviews with juveniles and their families, and taking into account all relevant factors when crafting an intervention plan.
Additionally, ongoing evaluations should be done to assess the effectiveness of these assessments in order to implement necessary changes if needed.
Supporting Juveniles After Their Sentence Has Been Determined
Once a sentence has been determined by authorities it is essential to continue providing juveniles with resources and support services in order to help them succeed during their sentence and afterwards as well.
This could include connecting them with educational programs or job training opportunities while they are detained or monitored services once they have been released back into society. Both these are better done in a “residential school “ like atmosphere rather than in a “home” as is done today.
Ultimately, by reinforcing international standards through mandatory preliminary assessments along with continuing follow up on offenders after their sentences have been determined, authorities can ensure that juveniles receive fairer outcomes in accordance with human rights laws set out by the United Nations Convention on the Rights of the Child and the JJ Act and JJ services provided by the country.
Preliminary Assessments and Child Friendly Villages
As part of the Convention on the Rights of the Child, preliminary assessments are a crucial component in juvenile justice systems worldwide.
However, there is a new initiative underway to build upon these assessment processes by establishing “child friendly villages” which provide additional resources and support services to children who are accused or suspected of committing criminal offenses.
A joint letter written by seven Union Secretaries in 2022 are of great significance in this context.
Child friendly Villages take into account all relevant factors when crafting an intervention plan and include ongoing evaluations to assess its effectiveness.
Establishing Child Friendly Villages
Child friendly villages aim to provide more comprehensive support services for juveniles who have been accused or suspected of crimes by creating an environment where they can learn valuable life skills, such as communication strategies and conflict resolution techniques, while receiving individualized attention from social workers and psychologists. Additionally, these villages would offer job training opportunities in order to give juveniles a better chance at becoming successful members of their communities after their sentences have been served.
By combining preliminary assessments with child friendly villages, authorities can create a more holistic approach that meets international standards for juvenile justice while also providing juveniles with greater access to resources and support services during their sentence and subsequent release back into society.
Our 12 Suggestions
1. Establish clearer guidelines for when a preliminary assessment should be conducted.
2. Increase the use of risk and needs assessments as part of the preliminary assessment process.
3. Conduct more comprehensive interviews with the juvenile offender and their family members or caretakers.
4. Make sure to consider all relevant factors when making decisions about detention or other court-ordered placements.
5. Pay close attention to any warning signs that the juvenile may be at risk of reoffending.
6. Take into account the unique circumstances of each case when crafting an intervention plan.
7. Connect juveniles with necessary resources and support services early on in the process.
8. Do the processes in the context of child friendly villages. Preliminary assessment could be an important skill and tool in the hands of the stakeholders of child friendly villages
9. If the village is not “child friendly” bring that to the attention of the administrators and elected representatives and the general public.
10. Follow up with offenders after they have been sentenced to ensure that they are complying with the terms of their sentence and receiving any needed support.
11. Evaluate the effectiveness of preliminary assessments on an ongoing basis and make adjustments as necessary.
12. Advocate for increased funding for juvenile justice initiatives, including preliminary assessments, to ensure that they can be conducted properly and effectively.
Prof. Augustine Veliath,
Adjunct Professor,
National Law University Orissa
Cuttack
Odisha India.
Regards,
Augustine Veliath - +918826680070
My Book "Soul of Unicef "- Link to Amazon (India) - https://amzn.to/3zWvYFC
My Book "Soul of Unicef" - Link to Amazon (International) - https://amzn.to/3A8sWyf
Read blogs at: www.augustineveliath.com
More about me: https://bio.augustineveliath.com/me
CHIFA profile: Augustine Veliath is a Health Communication Specialist and an independent Consultant in India. Professional interests: Child Survival, Advocacy, Environment Building, Behavior Change communication, Entertainment education.
augustinevj AT gmail.com
