Attributes of Article 39

Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable

Quality, appropriateness and comprehensiveness of the programs of recovery and reintegration

Availability, accessibility and impartiality of programs of recovery and reintegration

Structural

Indicators

as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights.

1. The State has ratified the relevant international treaties including:

1.1 Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict

1.2 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

1.3 Protocol to Prevent, Suppress and Punish Trafficking in Persons

2. Legislation explicitly guarantees the child’s right to physical and psychological recovery and social reintegration after:

2.1 Any form of physical and psychological neglect, exploitation, or abuse, including:

2.1.1 Sale of children

2.1.2 Sexual exploitation and abuse

2.1.3 Child trafficking

2.1.4 Exploitation of child labour

2.1.5 Drug abuse

2.1.6 Online abuse and exploitation

2.2 Torture or any other form of cruel, inhuman or degrading treatment or punishment in all institutional settings such as:

2.2.1 Schools

2.2.2 Juvenile justice systems

2.2.3 Institutions of care

2.2.4 Institutions of treatment

2.2.5 Institutions for children with disabilities

2.3 Armed conflicts, including cases of

2.3.1 Direct involvement

2.3.2 Indirect involvement

3. Established independent human rights institutions, in accordance with Paris Principles, have specialized knowledge and authority to monitor and review programs, services, policy and legislation as well as hear appeals from child victims or their legal representatives.

4. Evidence-based quality benchmarks of recovery and rehabilitation programs have been established to guarantee the health, development, self-respect and dignity and empowerment of the child.

5. Law guarantees inclusion of the views of child victims in planning and implementing programmes for recovery and reintegration, including in individual cases.

6. The law guarantees compensation to child victims as a part of recovery and reintegration efforts, including restorative justice where appropriate.

Process

Indicators

refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.

7. There are child-sensitive specialized recovery and rehabilitation programmes for different groups of child victims as defined in the law. (see indicator 2)

8. There are reoccurring and sustained public education, training and awareness raising for children on all forms of violence against children and available remedies for these different forms of violence, and duty to report.

9. There are reoccurring and sustained education, training and awareness raising for all relevant professionals and service providers that work with and support children to understand forms of violence, and duty to report.

10. There are tools to assure effective implementation of established quality benchmarks of the recovery and reintegration processes.

Outcome

Indicators

refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

11. Percentage of children accessing educational programs while receiving treatment including life skills and transitional programming.

12. Percentage of children and families who feel satisfied that services and programs:

12.1 Fostered health

12.2 Promoted self-respect and dignity for the child

12.3 Recognized their needs

12.4 Are easily accessible

13. Percentage of children within juvenile justice that have access to recovery and reintegration services and supports. (Disaggregated by, but not limited to the following grounds of discrimination: ethnicity, LGBTQ+, migrant and refugee children).

14. Percentage of identified child victims receiving timely (as outlined in the protocols in your recovery programmes) and specialized responses to any kind of violence including, but not limited to, physical, psychological, and sexual assault and exploitation in any setting. (Art.38, Ind.#26)

15. Percentage of identified child victims who have accessed:

15.1 Emergency care

15.2 Initial assessment

15.3 Appropriate and ongoing treatment and care programs and services.

16. Percentage of families of identified child victims who have accessed:

16.1 Emergency care

16.2 Initial assessment

16.3 Appropriate and ongoing treatment and care programs and services.

17. Percentage of children able to access easy re-activation of services and supports as needed.