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SC Judge Nadiia Stefaniv spoke about the results of implementing the Barnahus model in Ukraine

06 december 2023, 11:11

Nadiia Stefaniv, Supreme Court Judge of the Criminal Cassation Court, informed that since the introduction of the Barnahus model in Ukraine, the courts had already issued more than 100 decisions allowing children to be questioned in the premises of centres for the protection and social and psychological support of children who have suffered or witnessed violence.  

The speaker noted that the Barnahus model was developed specifically to make justice child-friendly. This makes it possible to fully protect the interests of minors who have suffered or witnessed violence or who are suspected of committing criminal acts. Specialists such as psychologists, social workers, defence lawyers and investigators are constantly involved in protecting the interests of children, including during interrogation. They help children feel more confident in such moments and also prevent any pressure being put on them.

"We are already seeing positive results from the implementation of the Barnahus model, but we need to continue to work. We need to analyse all the achievements and improve them," stated Nadiia Stefaniv.

The judge also pointed out that only judges with a certain specialisation and more than 10 years' experience can hear cases in this category. However, she believes that there is a need for specialised short training sessions for legal practitioners, where participants can share their experiences of working with minors during court proceedings.  

Nadiia Stefaniv said that one of the problems in the course of legal proceedings was that parties frequently attempt to have evidence deemed inadmissible specifically due to the interrogation of minors. In view of this, the court has to examine the interrogation report more closely and find out whether the child was pressured and whether he or she said everything voluntarily and consciously in order to avoid any distortions and inaccuracies. Specialists are actively involved in addressing all these issues and assessing the child's psychological state.

"During the armed conflict, the number of psychological traumas among adults and children has increased significantly, so the use of this particular technique in court proceedings is very important," the judge said.

Within the framework of the First Forum "The Role of the Barnahus Model in the Child Protection System", organised by the Interagency Coordination Council on Juvenile Justice, the United Nations Children's Fund (UNICEF) and the ICF "Ukrainian Foundation for Public Health", participants discussed the challenges of finding common solutions to reach consensus on the implementation of the model at the national and local levels. They also paid attention to the regulatory framework of the model and the development of solutions to ensure its sustainability, and shared best practices from Barnahus centres in Ukraine. Among other things, the participants learned about international experiences in implementing this model.

Speaking about practical aspects, they analysed social support for children and families in the centres, the conduct of investigative / procedural actions on their basis and the specificities of the interrogation of minors. The speakers also expressed their own vision of the development of the model in Ukraine.

For reference. Barnahus are specialised centres where law enforcement, criminal justice, child protection, medical and mental health professionals work together to help children who have experienced or witnessed violence. The centres' objective is to cultivate a child-friendly atmosphere and gather evidence through interactions with children to assist the justice system.