United Nations
General Assembly
A/HRC/29/26
Distr.: General
1 April 2015
Original: English
Human Rights Council
Twenty-ninth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on the independence of
judges and lawyers, Gabriela Knaul
Summary
In the present report, the Special Rapporteur on the independence of judges and
lawyers examines the protection of children’s rights in the justice system and analyses the
essential role that must be played by judges, prosecutors and lawyers in upholding
children’s human rights and applying international human rights norms, standards and
principles at the domestic level. The Special Rapporteur endeavoured to go beyond the
more limited notion of juvenile justice, so as to reflect the diverse experiences of children
when they encounter the justice system as victims or witnesses, because they are in conflict
with the law, or as parties to judicial proceedings.
Following a brief outline of the activities carried out by the Special Rapporteur in
2014-2015, the thematic section of the report consists of five parts. The first sets the legal
framework and fundamental principles upon which the Special Rapporteur’s analysis of the
requirements for a child-sensitive administration of justice is based. The second part
discusses access to justice and legal aid from the perspective of children. The safeguards
necessary to respect, protect and fulfil children’s rights at the different stages of judicial
proceedings, including sentencing, are addressed in the third part. The fourth part touches
on the importance of providing children with alternatives to judicial proceedings. In the last
part, the Special Rapporteur draws attention to the essential need for quality and specialized
education, training and capacity-building for judges, prosecutors and lawyers. Sections IV
and V contain conclusions and a number of recommendations.
The Special Rapporteur concludes that investing in child-sensitive justice is
indispensable to strengthening the rule of law and the enjoyment of human rights by all, as
well as to building flourishing democratic societies. In all the aspects of the justice system,
children have special rights, needs and interests that must be given primary consideration.
GE.15-06834 (E)
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