DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
Depending on their mandate, civil society organisations can make an enormous
contribution to ensuring that complaints mechanisms are known, accessible,
effective and child-friendly and they may assist children in preparing their
complaints.
They may also have the right to file an internal complaint on behalf of a child or
group of children provided they have their informed consent.
Requests and/or complaints procedures do not have to be formally written to be
effective. Another point to consider is whether staff or mentors are assigned for
the specific purpose of responding to more informal verbal requests from children.
Children should be able to communicate their complaint in their own language
with the assistance of interpreters if required. Children should be able to inquire
at any time about their complaint to the person in charge of handling it.
C. SAFETY
Children should have the right to confidentiality when filing a request and/or
complaint and in the course of the complaint procedure, although this is often
not observed in practice. It can be achieved through having a locked box for
complaints to be placed in, situated in an accessible location that is not under
constant supervision by staff or by CCTV systems, with clear provisions regarding
who can open the boxes and when and with the confidentiality of protected
correspondence (of mails and emails). Monitoring and/or complaint bodies should
also develop strategies to collect request and/or complaints when they are visiting
the facilities in such way that the child complaining cannot be identified by the
other detained children and/or by the staff.
There should be provision for requests and/or complaints to be filed anonymously.
D. EFFECTIVENESS
Each place depriving of liberty should have a set of internal policies and procedures
for handling requests and/or complaints. In order for requests/complaints
procedures to be meaningful and effective, any request and/or complaint should
be dealt with without delay. For internal requests and/or complaints, the maximum
length of the procedure should be set out in written guidance and children should
be aware of the timeframe within which they can expect and ask for a response.
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