Procedural protection of juvenile victims of negligence and abuse

Abstract

Violence against children is often designated as the worst form of domestic violence, and violence in general. Such a conclusion is a result of multiple factors: children's age and vulnerability, the distinctive features in their physical and mental development which makes them inferior to adults, the kinship (blood relations] and emotional bonds between parents and children, etc. The positive trend in the evolution of the social response to violence against children is reflected in the effort to discover and prevent the abuse, to punish the offenders and to protect the child/victim from secondary victimization during the criminal proceedings. In the Republic of Serbia, the procedural measures governing the protection of juvenile victims/witnesses are set out in Part III of the Juvenile Justice Act (Act on the Juvenile Offenders and Criminal Law Protection of Minors]. However, it was soon evident that there was a need to provide a better legislative framework than the one envisaged in this Act, particularly in terms of ensuring a better protection of minors in the course of criminal proceedings involving children who are victims of abuse and neglect. For this purpose, in 2004, the legislator adopted the National Action Plan on Children in Adversity. This document envisaged the adoption of the General Protocol on the protection of children from abuse and negligence, as well as the adoption of subject-specific protocols which would further regulate the specific procedures for the protection of children-victims in particular social circumstances (health, education, justice] by different social institutions (police, social services]. In this paper, the author analyses the legal framework governing the procedural protection of juvenile victims in the course of criminal proceedings. In addition, the author also explores the statutory provisions (by-laws] adopted in order to establish specific standards and ensure a higher level of protection of juvenile victims against abuse and neglect. In the final part of this paper, the author analyzes the issues pertaining to the practical implementation of the envisaged legislative framework on the procedural protection of juvenile victims. The author concludes that the envisaged measures are insufficiently applied in practice. For this reason, the judicial authorities should be further encouraged to use them more frequently and more efficiently in the course of criminal proceedings.

Keywords

• victim/witness protection
• secondary victimization