A/HRC/29/26
I. Introduction
1.
The present report is the last submitted for the consideration of the Human Rights
Council, in accordance with its resolution 26/7, by the current Special Rapporteur, Gabriela
Knaul.
2.
The Special Rapporteur decided to focus her report on the fundamental role that
must be played by judges, prosecutors and lawyers in protecting children’s rights. Despite
the quasi-universal ratification of the Convention on the Rights of the Child, children still
count among the most vulnerable to human rights violations and other types of abuse. For
this reason, the importance of child-sensitive justice—justice that respects, protects and
fulfils the rights of children—cannot be overemphasized. An administration of justice that
fails children ultimately also fails society. The Special Rapporteur is convinced 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.
3.
After summarizing, in section II of the report, the activities she carried out in 2014
and 2015, including country visits undertaken, communications sent and events attended,
she introduces the international legal framework and fundamental principles that form the
basis of her analysis of the requirements for a child-sensitive administration of justice
(section III, part A). In section III, part B, she discusses access to justice and legal aid from
the perspective of children. In part C, she addresses the role of judges, prosecutors and
lawyers in relation to the basic requirements necessary to respect, protect and fulfil
children’s rights at the different stages of judicial proceedings, including sentencing. In part
D, she touches on the importance of providing alternatives to these judicial proceedings.
Before concluding and presenting her recommendations in sections IV and V, she draws
attention to the cross-cutting need for quality and specialized education, training and
capacity-building for judges, prosecutors and lawyers.
4.
Judges, prosecutors and lawyers have an essential part to play in upholding
children’s human rights and applying international human rights norms, standards and
principles—in particular those specific to children—at the domestic level and in
compliance with the State’s international human rights obligations. In accordance with the
Convention on the Rights of the Child and for the purpose of this report, the terms “child”
or “children” refer to every human being, male and female, under the age of 18 years.
Further, the terms “child-friendly” and “child-sensitive” are used interchangeably and
understood as “that takes into account children’s specific needs, views and rights”.
II. Activities in 2014 and 2015
A.
Country visits and communications with member States
5.
The Special Rapporteur carried out official visits to Qatar, from 19 to 26 January
2014 (A/HRC/29/26/Add.1), the United Arab Emirates, from 28 January to 5 February
2014 (A/HRC/29/26/Add.2), Tunisia, from 27 November to 5 December 2014
(A/HRC/29/26/Add.3) and Portugal, from 27 January to 3 February 2015
(A/HRC/29/26/Add.4), at the invitation of the respective Governments.
6.
The Special Rapporteur wishes to thank the Governments of France, Germany,
Greece, Iraq, Kenya, Morocco, Nepal, Spain and the United States of America for inviting
her to conduct official visits in their respective countries. She regrets that she was unable to
undertake the visits before the end of her mandate and encourages these Governments to
continue engaging with her successor.
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