OSCE Mission in Kosovo presents report on children’s rights in court proceedings
PRISHTINË/PRIŠTINA, 12 June 2020 – The OSCE Mission in Kosovo launched its report “Children First: The Role of Centres for Social Work in Judicial Proceedings” today. The report looks into the protection of the rights of children, with a special focus on the role of Centres for Social Work (CSW) in judicial proceedings involving children.
The report provides an overview of the legal framework pertaining to the protection of children in Kosovo and emphasizes the importance of the principle of the best interests of the child, as reflected in both Kosovo legislation and international law.
The report notes positive practices of the CSW, where staff have provided proactive support and instruction to parties (including children) in domestic violence cases. However, it also highlights areas where the CSW have not engaged at an appropriate level in protecting the best interests of children, namely the absence of social workers in court hearings when summoned, inactivity during proceedings and submitting late or incomplete reports. Monitoring of the courts between 2017 and 2019 revealed that CSW representatives were absent in 109 of 152 monitored hearings where their presence was required by law.
“When judicial involvement is required in the life of a child, it can often be linked to traumatic circumstances and have highly significant consequences. It is imperative that all relevant institutions are fully engaged in the protection of each child’s rights, with the best interests of the child as their paramount consideration,” said Ambassador Jan Braathu, Head of the OSCE Mission in Kosovo.
The report concludes that the role of the CSW is crucial in providing expertise and information essential for courts to bring final and fair judgments while respecting the best interests of the child. Courts should ensure that the role of the CSW is performed effectively and fully in line with the mandated legal requirements.
The report includes a set of recommendations for the promotion and advancement of children’s rights and best interests.
The full report can be found here: https://www.osce.org/mission-in-kosovo/453780