Polish Charter of Rights of the Child-Victim/Witness

The Charter was prepared by the Nobody's Children Foundation in partnership with the Ministry of Justice and Coalition for Child-Friendly Interviewing.

At the beginning of 2009 the Nobody's Children Foundation started its initiative aimed at creating a document which in a complex manner would deal with the rights of children participating in criminal proceedings. The document was to be addressed to professionals who in their everyday work meet children-victims/witnesses of crime.

Firstly, the Nobody's Children Foundation prepared the draft version of the Charter. Next, the draft version was sent out to the members of the Coalition for Child-Friendly Interviewing. Some members delivered their comments and remarks regarding the Charter's particular stipulations. The final stage was to send the Charter to the Ministry of Justice in order to obtain the Ministry's opinion about it. The Ministry decided to grant its patronage over the Charter.

The Charter is a non-binding act. Nevertheless, the Foundation hopes that it will serve as a guide in setting the right ways and procedures of prosecution and legal proceedings for law enforcement authorities and supporting organizations in respecting the rights of minors in criminal proceedings. In future perspective the Charter is to unify the practices applied in Poland in handling abused children and children-witnesses, with children's rights fully respected during criminal proceedings.

The Charter was presented for the first time during the 6th Polish Conference "Help to children - victims of crime" on 26th October 2009.
Below you can read full text of the Charter in English and download the Polish edition in pdf.

Charter of the Rights of the Child Victim/Witness of Crime

1. For the purposes of the present Charter a child means every human being who participates in legal procedures as a victim or witness of an offence and who is below the age of eighteen.

2. For the purposes of the present Charter a procedure means any preparatory or court proceedings with the participation of a child, as well as all efforts to provide help and support for the child made by institutions and organizations responsible for child care and protection. 

3. The child's safety and wellbeing should be a priority in all procedures involving a child victim/witness of crime, both for law enforcement and justice bodies, and for institutions and organizations responsible for child protection. 

4. Every child victim/witness has the right to non-discrimination on the basis of race, nationality, religion, social origin, disability or any other trait of the child or his/her family members.

5. Every child victim/witness has the right to be treated seriously and to fair and careful evaluation of the credibility of his/her statements.

6. Every child victim/witness has the right to be treated with dignity, in particular to have his/her needs respected throughout the procedures.

7. Every child victim/witness has the right to express his/her views. Those views shall be taken into account in all actions and decisions affecting the child.

8. Every child victim/witness has the right to privacy and to protection of his/her image. It is inadmissible to disclose, publish or distribute a child victim/witness' personal data, with the exception of cases listed in a relevant act.

9. Every child victim/witness has the right to professional psychological, medical or pedagogical help aimed at reducing the effects of the crime and minimizing the negative consequences of the child's participation in legal procedures.

10. Point 1. Every child victim/witness has the right to information concerning his/her participation and role in the procedure, at a level adequate to the child's developmental capabilities. Point 2. The above mentioned right shall also apply to information about the victim/witness' right to refuse to give evidence or answer questions, provided in a manner adequate to the child's developmental stage, if the child is able to understand the meaning of such information. 

11. Point 1. Every child victim/witness has the right to be protected from victimization resulting from his/her participation in legal procedures. Point 2. As a form of such protection, children should be interviewed by properly trained professionals in a child-friendly interview room. Point 3. The child-friendly interview room mentioned in Point 2 above, refers to a room adjusted to the child's developmental needs, which does not augment the child's distress related to the interview and is properly equipped to enable making an audio-video recording of the interview. Point 4. A child victim/witness shall be interviewed only once. Repeated interviews shall only be conducted in justified cases listed in a relevant act. Point. 5. The interview shall be recorded with an audio-video device. The recording shall cover the interview in its entirety.

12. Every child victim/witness has the right to safety and protection, in particular to be isolated from the perpetrator.

13. Every child victim/witness has the right to have contact with his/her family and friends throughout the procedures. This right may be limited in the interests of the child and/or for the sake of the proceedings.

14. Every child victim/witness has the right to appropriate and due representation during the procedures, especially in the course of preparatory and court proceedings. If the child's parent/caregiver is unable to ensure such due representation, a Guardian Ad Litem shall be appointed to represent the child in the activities with his/her participation.