In-Service Training for Judges & Prosecutors
Chapter 2
‘Children, Childhood and Development’
GENERAL GUIDELINES CHAPTER 2:
TIMETABLE: 375 minutes (45 min. + 330 min. = 6 hours and 15 minutes)
Ø Day 1: Session 2
Ø Day 2: Session 1
Ø Day 2: Session 2
Including: (45 min.)
- Energizer (15 min.)
- Daily Evaluation (10 min.)
- Responsibilities (5 min.)
- Questions–Answer-Session (5 min.)
- Looking Back on Yesterday (10 min.)
2.1. Learning Objectives of this Chapter 3 min.
2.2. International and National Definitions of a Child 24 min.
2.3. ‘Adult’-Responsibilities for Children 27 min.
2.4. Age Determination 50 min.
2.4.1. Absence of Birth Registration 10 m.
2.4.2. Crucial Ages of Child Offenders 7 m.
2.4.3. Crucial Ages of Child Victims 7 m.
2.4.4. Crucial Ages of Child Witnesses 7 m.
2.4.5. Practice of Age Determination 19 m.
2.5. Child Development 71 min.
2.5.1. Development to the Maximum Extent Possible 5 m.
2.5.2. Five Developmental Stages 47 m.
2.5.2.1. From Birth to Adulthood 3 m
2.5.2.2. Infancy 8 m
2.5.2.3. Early Childhood 9 m
2.5.2.4. Late Childhood 9 m
2.5.2.5. Puberty 9 m
2.5.2.6. Adolescence 9 m
2.5.3. Your Professional Contacts from a Developmental
Perspective 19 m.
2.6. Children’s Specific Needs 27 min.
2.6.1. Child-Sensitive Environment 8 m.
2.6.2. Children’s Needs 19 m.
2.7. Children’s Social Support Systems 9 min.
2.8. (Dis)Harmonious Development 72 min.
2.8.1. Harmonious Development 5 m.
2.8.2. Disharmonious Development 5 m.
2.8.3. Extra Vulnerable Children 18 m.
2.8.4. The Story of Halima 34 m.
2.8.5. Special Vulnerability of Girl-Children 10 m.
2.9. Being a Child-Sensitive Judge/Prosecutor 35 min.
2.10. Test Yourself! 12 min.
My Personal Notes -
Total: 330 min.
SEATING ARRANGEMENT:
Ø ‘U-shape’ (tables with space in between; no table in front of trainer)
Ø Small group arrangements (tables and chairs for 4 to 6 participants)
Ø Space for energizer
TRAINING AIDS/EQUIPEMENT:
& Copy of the Workbook JfC
& Annex 2 ‘Summary of the Concluding Observations of the Committee on the Rights of the Child (1 November 2006)’
& Annex 4 ‘Summary of National Legislation on Children and Justice for Children – Relevant Provisions Pertaining to Children’
& Annex 5 ‘Substantive Articles of the Convention on the Rights of the Child (Unofficial Summary by UNICEF)’
& Annex 8 ‘Real Life Story of Halima (Child Victims/Witnesses)’
" Overheads:
- Child or Adult
- Five Stages of Development
" Flipcharts:
- Crucial Ages of Children – Child Offenders (partly prepared/ to be completed together
with the participants) (on the wall)
- Crucial Ages of Children - Child Victims & Witnesses (partly prepared/ to be completed
together with the participants) (on the wall)
- Children’s Needs (fully prepared)
(on the wall)
- Daily Evaluation (on the wall)
- Responsibilities (Chapter 1)
- Parking Lot (Chapter 1)
" Handouts: -
" DVD ‘Real Life Story of Halima’
" DVD player + screen
" Clock
" Various colours of chalk, flipchart & whiteboard markers, (non-)permanent overhead-pens
" Blank overhead sheets, A4-paper, Adhesive tape
" Material for energizer
LEARNING OBJECTIVES CHAPTER:
Ø to understand that all children under 18 years of age should be considered as children
Ø to clarify that during childhood all girls and boys need special protection, assistance and support from adults
Ø to discuss how judges and prosecutors can deal with children in a child-sensitive manner
METHODS:
Ø Explanation
Ø Dialogue
Ø Self Study
Ø Read Aloud
Ø Individual Exercise (+ Subsequent Plenary Discussion)
Ø Small Group Exercise (+ Subsequent Plenary Discussion)
Ø Buzz Group (+ Subsequent Plenary Discussion)
Ø Plenary Exercise (+ Subsequent Explanation)
Ø Plenary Discussion
Ø Individual Test
PREPARATORY ACTIVITIES:
è Prepare one or two energizers
è Check the DVD equipment plus DVD ‘DVD ‘Real Life Story of Halima’
è Check the white/black board, flipchart and overhead-projector plus necessary training aids (markers, chalk, extension cord, electricity, etc.)
è Check if all (relevant) flipcharts of the previous session(s) hang on the wall
Content of Chapter 2 ‘Children, Childhood and Development’: (p.1 of Wb-JfC)
Instructions:
è No explanation of ‘Content of Chapter 2’ (is included in §2.1. ‘Learning Objectives of this Chapter’)
2.1. Learning Objectives of this Chapter p.2
2.2. International and National Definitions of a Child p.2
2.3. ‘Adult’-Responsibilities for Children p.4
2.4. Age Determination p.5
2.4.1. Absence of Birth Registration p.5
2.4.2. Crucial Ages of Child Offenders p.6
2.4.3. Crucial Ages of Child Victims p.7
2.4.4. Crucial Ages of Child Witnesses p.8
2.4.5. Practice of Age Determination p.9
2.5. Child Development p.11
2.5.1. Development to the Maximum Extent Possible p.11
2.5.2. Five Developmental Stages p.11
2.5.2.1. From Birth to Adulthood p.11
2.5.2.2. Infancy p.12
2.5.2.3. Early Childhood p.12
2.5.2.4. Late Childhood p.13
2.5.2.5. Puberty p.14
2.5.2.6. Adolescence p.15
2.5.3. Your Professional Contacts from a Developmental Perspective p.16
2.6. Children’s Specific Needs p.17
2.6.1. Child-Sensitive Environment p.17
2.6.2. Children’s Needs p.18
2.7. Children’s Social Support Systems p.20
2.8. (Dis)Harmonious Development p.21
2.8.1. Harmonious Development p.21
2.8.2. Disharmonious Development p.21
2.8.3. Extra Vulnerable Children p.22
2.8.4. The Story of Halima p.24
2.8.5. Special Vulnerability of Girl-Children p.25
2.9. Being a Child-Sensitive Judge/Prosecutor p.26
2.10. Test Yourself! p.28
My Personal Notes p.29
2.1. Learning Objectives of this Chapter (p.2 of Wb-JfC)
Time: 3 minutes
Objective: Being aware of the learning objectives of this chapter
Methods: Self Study
Aids: -
Method: Self Study
Instructions:
è Invite the participants to examine the learning objectives by themselves
This second chapter deals with the various aspects of child development. The main purposes of this chapter are:
Ø to understand that all children under 18 years of age should be considered as children,
Ø to clarify that during childhood all girls and boys need special protection, assistance and support from adults,
Ø to discuss how judges and prosecutors can deal with children in a child-sensitive manner.
At the end of this second chapter of the Workbook you should:
à concerning your knowledge:
Ø know the international and national definitions of a child
Ø understand in which ways children differ from adults
Ø understand how the absence of birth registration influences the work of judges and prosecutors
Ø know the ages that are crucial in cases of child offenders, child victims and child witnesses
Ø be able to formulate the main characteristics of the five developmental stages related to justice for children
Ø be able to give examples of children’s basic needs
Ø be able to give examples of children’s social support system
Ø understand what ‘harmonious development’ and ‘disharmonious development’ mean
Ø understand what gender-development implies
Ø understand the relevance of child development and children’s needs for your own work
Ø understand that all children need special protection, assistance and support from adults
Ø understand that children should be involved in decision making concerning them
à concerning your skills:
Ø be able to formulate your own opinion on various aspects of child development and related issues
Ø be able to apply your knowledge of child development to cases of child offenders, child victims and child witnesses
à concerning your attitude:
Ø be willing to reflect on your own childhood
Ø approach every person below the age of 18 years as a child
Ø treat all children in a child-sensitive manner
Ø be aware if you treat children differently and why
Ø be sensitive to extra vulnerable children
Ø be gender sensitive
Ø be wiling to involve children in decision making concerning them
2.2. International and National Definitions of a Child (p.2 of Wb-JfC)
Time: 24 minutes
Objective: Knowing the national and international definition of a child
Methods: Explanation + Plenary Exercise (+ Subsequent Explanation) + Dialogue + Read Aloud
Aids: " Overhead ‘Child or Adult’
Method: Explanation (¸ 2 minutes)
The total population of Ethiopia is estimated to be 78 million. Like in almost all developing countries the structure of the population shows a typical pyramidal shape. Persons below the age of 15 years account for as much as 44% of the national population and persons below the age of 18 years represent 52%. While persons older than 65 years constitute only a little bit over 3% of the population. The question of this section is how many of the 78 million Ethiopians we may call ‘children’.
Method: Plenary Exercise
Objective: Understanding that ‘age’ is the only criteria to call a person a child/adult
Instructions:
è Read aloud the instruction of the exercise ‘Child or Adult’ (not the questions)
" Overhead ‘Child or Adult’
è Show the title of the overhead (‘Child or Adult?’) and cover the questions
è Invite the participants to stand up
è Uncover and read aloud the first question
è Motivate the participants to sit down (child) or keep standing (adult)
è Write down on the overhead (with a red non-permanent pen) how many participants are standing (A = …)
è Do not discuss questions/answers at this time
è Invite the participants to stand up again
è Uncover and read aloud the second question
è Motivate the participants to sit down (child) or keep standing (adult)
è Write down on the overhead (with a red non-permanent pen) how many participants are standing (Adult = ……)
è Do not discuss questions/answers at this time
è Continue in this way
¸ Maximum 7 minutes
Plenary Exercise ‘Child or Adult?’: (p.3 of Wb-JfC)
You will be asked the same question five times, that is: ‘Child or Adult?’ We start from a standing position. If you consider the described person ‘a child’ you sit down (‘a child is small’) and if you consider the described person ‘an adult’ you remain standing (‘an adult is big’).
A 12-year-old who has sexual relations? Child or Adult?
A 13-year-girl who works as a prostitute in a bar? Child or Adult?
A 14-year-old girl who gets married? Child or Adult?
A 15-year-old girl who gives birth? Child or Adult?
A 17-year-old boy who commits a serious crime? Child or Adult?
Method: Subsequent Explanation (¸ 5 minutes)
Instructions:
è Explain that ‘age’ (= 18 years) is the only criteria to call a person a child or an adult (do not discuss)
è Refer to the ‘wrong’ answers of the participants (Adult = ……) on the overhead
è Give the participants time to make their notes
Background Note for Trainers – Adulthood versus Criminally Responsible:
Being criminally responsible - in Ethiopia from 9 years onwards -, does not mean that the child is an adult. The boy/girl is still a child as he/she is below the age of 18 years, but he/she is considered capable of infringing the Criminal Code (2004) and, from the age of 15 years onwards, treated as an adult by the criminal justice system.
Method: Read Aloud ‘pointing finger text’ (¸ 2 minutes)
Instructions:
è Invite a particular participant to read aloud the ‘pointing finger text’ and request the other participants to follow attentively (p.3 of Wb-JfC)
The only thing that makes a person a child or an adult is his/her age! Childhood is a specific stage in each individual’s life and it is defined by age and not by the person’s behaviour, maturity, thoughts, attitudes and/or possibilities. It is not because a child shoulders an adult responsibility like working, having sexual relationships, being married or having a child her/himself that she/he suddenly becomes an adult.
Method: Dialogue (¸ 5 minutes)
Instructions:
è Ask the participants which international legislation deals with the definition of a child
è Ask the participants which national legislation deals with the definition of a child
è Formulate follow-up questions and add/give necessary information
According to international standards a child is defined as ‘every human being below the age of eighteen years’ (article 1 of the CRC; article 2 of ACRWC).
National legislation is not univocal. The Revised Family Code for Addis Ababa and Dire Dawa City Administrations[1] (2000) defines a child as ‘a member of either sex under the age of 18 years’ (article 215). The Criminal Code (2004), the Criminal Procedure Code (1961) and even the Ethiopian Constitution (1995) that specifically deals with children’s fundamental rights (article 36) do not give a clear definition of a child.
Method: Read Aloud ‘light bulb text’ (¸ 1 minute)
Instructions:
è Invite a particular participant to read aloud the ‘light bulb text’ and request the other participants to follow attentively (p.4 of Wb-JfC)
Within the scope of this Workbook we follow the international guideline that every human being below the age of 18 years is a child and should be treated as such!
2.3. ‘Adult’-Responsibilities for Children (p.4 of Wb-JfC)
Time: 27 minutes
Objective: Understanding that children from 0 to 18 years should be treated as children, irrespective of their responsibilities and maturity
Methods: Explanation + Small Group Exercise (+ Subsequent Plenary Discussion) + Read Aloud
Aids: -
Method: Explanation (¸ 5 minutes)
Although ‘every girl and boy under the age of 18 years is a child’, we all recognize that children acquire different capacities and degrees of maturity as they grow older. We therefore give children greater autonomy and more responsibilities even before they are 18 years old. For example, a child of 5 or 6 years old may not go on his/her own to school or to the shop, while most parents allow their 8 or 9 years old son or daughter to do so. Or a child of 8 or 9 years old has to ask permission to his/her parent to go out and play with his/her friends, while for most 16 and 17 years olds it’s sufficient to say that they go out or when they are back home.
Ethiopian laws entitle children under the age of 18 years ‘to act like an adult’. For example, children from the age of 14 years are allowed to work (article 89(1) of the Labour Proclamation 377/2003) and children from the age of 15 years are brought before the adult criminal court (article 56 of the Criminal Code (2004)). The previous Family Law (1960) had set different minimum ages of marriage for girls and boys. The minimum age for girls was 15 years, while boys were allowed to marry only from the age of 18. The Revised Family Code (2000) has removed this discrimination. The minimum age of marriage is now 18 years for both girls and boys. However, there are still communities in Ethiopia where different ages are used. For example most rural communities in Amhara and Southern Nations, Nationalities and Peoples still expect girls to establish married life and take responsibility to lead their own family at the age of 12 or 13 years. By the way, the Revised Family Code (2000) also allows children to request to marry before their 18th birthday. Permission implies that the girls and boys are considered adults after marriage (è§7.5.5. ‘Early Marriage’).
Method: Small Group Exercise (+ Subsequent Plenary Discussion)
Objective: Understanding that early marriage has detrimental effects on the child’s development and implies violation of the child's rights
Instructions:
è Compose small groups of 4 to 6 persons
è Read aloud the instruction of the exercise ‘Minimum Age of Marriage’ (not the questions)
è Motivate the participants to start the exercise
¸ Maximum 10 minutes
Small Group Exercise ‘Minimum Age of Marriage’: (p.4 of Wb-JfC)
In general the amendment of the Family Code (2000) to set the minimum age of marriage at 18 years for both girls and boys, is considered a very positive change from a ‘justice for children’ perspective! We may argue that: “Early marriage deprives girls of their right to enjoy their childhood and force them into adulthood before they have actually reached the adult-age”. Please discuss the following two questions with your colleagues.