• Obtain express agreement to the transfer of any identifying, contact
or substantive information to third parties, in particular to national
or international investigators or organizations, courts or local
authorities such as the police.12
4. In situations where it is necessary to obtain information from a minor:
• It is first necessary to obtain informed consent by the parent or
guardian. It is also important to have informed consent by the
minor. At all times, bear in mind the specific age, needs and level
of understanding of the participating minor.
• All communication with children and their parents and caregivers
will be in a manner and language that is clear and that all are able
to understand.13
• Inform the minor of all possible options and the consequences of
those options, as well as the potential risks associated with
providing information in an age-sensitive manner.
Avoid
frightening the minor unnecessarily. A private discussion should
first be had with the parent(s) or guardian(s) of the minor (without
the minor present) before commencing any interaction with a
minor.
• Avoid interaction with traumatized minors.
• Explain carefully to the minor what will happen at each stage of
the process and what is expected from them.
• Ensure that the minor is told what rights are available to them that
might be relevant to the context of the meeting and the provision of
information.14
Should the victim or witness be unable or unwilling to provide proper
and informed consent, information cannot be collected from them. In such
cases, offer comfort and inform the victim or witness of possible referral
12
Foreign and Commonwealth Office, International Protocol on the Documentation and Investigation of
Sexual Violence in Conflict, 46 (2014).
13
International Criminal Court, Office of the Prosecutor’s DRAFT Policy on Children, June 2016,
available at https://www.icc-cpi.int/iccdocs/otp/22.06.2016-Draft-Policy-on-Children_ENG.pdf.
14
Foreign and Commonwealth Office, International Protocol on the Documentation and Investigation of
Sexual Violence in Conflict, 46-47 (2014); United Nations Convention on the Rights of the Child, Nov. 20,
1989, 1577 U.N.T.S. 3, 28 I.L.M. 1448 (1989), available at
http://www.unicef.org.uk/Documents/Publication-pdfs/UNCRC_PRESS200910web.pdf; General
Assembly Resolution, Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,
U.N. Doc. A/RES/40/34 (Nov. 29, 1985), available at
http://www.un.org/documents/ga/res/40/a40r034.htm.
27
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