A/HRC/29/26
and other assistance”.25 The right of a child to participate in the justice process is not
limited to criminal trials, but extends to civil proceedings such as those relating to divorce
and separation, custody, care, adoption and inheritance matters.
62.
The participation of children as either victims or witnesses in judicial proceedings
can have a negative psychological impact on them, which is exacerbated when they have to
go through insensitive treatment and procedures that do not integrate respect for their wellbeing and dignity and do not take into account their special needs and rights. In addition,
participation in criminal proceedings often carries a non-negligible level of risk for both the
physical and psychological integrity of the child. Special measures must therefore be put in
place to protect child victims and witnesses from victimization or re-victimization in the
justice system.
63.
As already explained by the Special Rapporteur in the context of an analysis of the
rights of women in the criminal justice system, “at minimum, two sets of protection
measures are necessary to enable witnesses and victims to come forward safely for the
purpose of collaborating with the criminal justice system: (a) measures and procedures put
in place by the judicial authorities while investigating crimes or taking testimony in the
courtroom; (b) protection measures and safeguards provided, when necessary, before,
during and after judicial proceedings through formal witness protection programmes”
(A/66/289, para. 64).
64.
The following are examples of measures that can be taken during trials concerning
children:
(a) Limit the number of interviews and statements given by the child, including by
using video recording;
(b) Have the child testify in a separate courtroom; excluding the public from the court
for part or the entirety of a trial;
(c) Make separate waiting rooms available for children;
(d) Limit the direct cross-examination by the alleged perpetrator;
(e) Prohibit the publication or dissemination of information that might reveal the
identity of a victim or witness;
(f)
Adjust questioning so as to eliminate unnecessary, intrusive, repetitive or
embarrassing questions;
(g) Allow for frequent breaks during the testimony, altering the courtroom settings to
make them less formal;
(h) Use a support person during testimony.
Needs may differ depending on the gender of the child, in which case measures will have to
be tailored to take the specificities into account.
65.
The Guidelines on Justice in Matters involving Child Victims and Witnesses of
Crime require that “where child victims and witnesses may be the subject of intimidation,
threats or harm, appropriate conditions should be put in place to ensure the safety of the
child” (para.14). In this context, the existence of witness and victims protection
programmes tailored to children’s needs will provide for a more enabling environment for
the reporting of cases, encouraging cooperation with the justice system and avoiding the revictimization of children throughout the judicial process.
25
Ibid.
13
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