Page 210 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ANNEXES ISTANBUL PROTOCOL

establishment of trust can be challenging, as the child and tone of the interview is non-threatening and as
may experience the interview situation or elements informal as possible. Interviewers should use child-
of it as reminiscent of the torture or ill-treatment. appropriate language and adapt their communication
Trust may be undermined or lacking if evaluators or style to match local terminology and cultural norms to
interpreters are perceived as representing the political, help the child feel at ease and engage in the interview
ethnic or social groups whose authorities have initiated process. Starting interviews by encouraging children
or participated in the torture or ill-treatment. These to talk about a neutral topic can create opportunities
factors may affect the trust of parents and guardians to build rapport and convey a sense of safety and
as well. Trust can be enhanced or established if security, and enable interviewers to get to know the
interviewers or interpreters come from the child’s own children, their verbal abilities, and their degree of
16
culture or ethnic group. Age-related developmental relational (un)ease. After explaining the purpose
15
factors, such as an adolescent’s self-assertion, should be and content of the evaluation and only when the
considered in the establishment of trust as well. Some child is talking at ease should the interview progress
techniques that can facilitate initial positive rapport to more sensitive topics, and interviewers should
include informal and comfortable room settings understand that it may take some time for children
(e.g. lighting, child-friendly design, temperature, to become sufficiently comfortable talking. 17
age-appropriate seating and background noises) and
explaining the setting and process (e.g. how long will 2. Communication and techniques
the interview take, noting that breaks are allowed).
As mentioned in paragraph 272 above, open body Open questions should be used where possible, as
language, attentiveness, active listening and empathy these allow individuals of all ages to respond in their
are all important in building and maintaining trust own words. However, children tend to provide less
and rapport. As is the case with adults, it is important information than adults and so probing questions
for examiners to ask directly about issues a child or can be helpful. Children are particularly susceptible
an adolescent may not otherwise feel safe to disclose, to leading questions that suggest a desirable response
e.g. sexual or domestic violence, suicidal impulses, and so leading questions and closed-ended questions
perceived or actual gender identity or expression or should be avoided wherever possible. Letting
sexual orientation. It is important to remember that children know that it is acceptable to say “I do not
in all cultures the development of self-awareness of know” to indicate when they do not understand
one’s own sexual orientation and gender identity a question will also help improve accuracy.
takes place over time, often years or decades and
that, in areas in which minority sexual and gender Children typically provide less information than adults.
identities are met with violent repression, such This is partly because they are less capable of, and
self-awareness may have been suppressed. Some less skilled at, generating retrieval cues independently.
interviewees who are very young may be puzzled Techniques such as drawing, body diagrams and
about why they have been ill-treated in the first the use of timelines can all help children generate
place. Language and vocabulary are also important, memory cues that, in turn, should help them remember
especially when discussing issues related to sexuality additional details. Caution should be employed when
and gender expression. Examiners and interpreters interpreting children’s non-verbal communication such
should be sensitive to the lack of neutral or positive as play, as this is not necessarily a literal account of
names for descriptions of diverse sexual and gender events and may include elements of imagination and
presentations and behaviours in many cultures and their inner world. See paragraphs 284–293 above for
languages. They should be knowledgeable of and additional information on interviewing children.
take steps to mitigate internalized homophobia and
transphobia in interviewees and in themselves. 3. Additional sources of information

Building rapport with children can be facilitated Since the degree to which children express their
by taking measures to ensure that the environment thoughts and emotions regarding trauma verbally

15 UNHCR, The Heart of the Matter, p. 126.
16 Michael E. Lamb and others. “Structured forensic interview protocols improve the quality and informativeness of investigative interviews with children: a review of research
using the NICHD Investigative Interview Protocol”, Child Abuse & Neglect, vol. 31, No. 11–12 (2007), pp. 1201–1231.
17 Defence for Children International – Belgium, Practical Guide.

175