A/HRC/29/26
of children when they encounter the justice system as victims or witnesses, or because
they are in conflict with the law, or they are parties to justice proceedings. In all these
aspects of the justice system, children have special rights, needs and interests that
must be considered.
93.
The administration of justice, whether in criminal, civil or administrative
processes, must therefore be guided at all times and in all matters concerning children
by the overriding principles of non-discrimination, the best interests of the child, the
right to life and development and the right to be heard. Creating and strengthening
training and capacity-building programmes on international human rights law and
jurisprudence, in particular on children’s rights, for all justice operators is an
important requisite for a competent, independent and impartial judiciary and legal
profession to be in a position to deliver justice to children.
94.
Proper education and training enable judges, prosecutors and lawyers to
acquire the necessary knowledge and skills to discharge their duties in conformity
with States’ legal obligations relating to children. Finally, the Special Rapporteur
wishes to emphasize the importance of children’s agency. Indeed, the purpose of
rendering the administration of justice child-sensitive is not to make children even
more dependent than they already are, but to empower them to have a say and make
decisions about matters that may affect them.
V. Recommendations
95.
The following recommendations should be read in conjunction with previous
recommendations of the Special Rapporteur, in particular those contained in reports
A/66/289, A/HRC/8/4, A/HRC/14/26 and A/HRC/23/43.
General recommendations
96.
States should put in place a legal framework conducive to the development and
reinforcement of a child-sensitive justice system, in line with international human
rights instruments relating to children, especially the Convention on the Rights of the
Child.
97.
Children’s rights, in particular the four fundamental principles contained in
the Convention on the Rights of the Child, should be taken into account by judges,
prosecutors and lawyers in the performance of their functions in all matters
concerning children.
Children’s access to justice and legal aid
98.
States should develop specific strategies, policies and measures to identify and
tackle obstacles encountered by children in accessing justice.
99.
To the extent possible, legal aid should be provided free of charge to all
children in both criminal and civil proceedings. Such legal aid should be tailored to
the specific needs of children and respect, in particular, children’s right to express
their views and to be heard.
100. States must seriously consider the developmental difference between children
and adults when designing legal assistance schemes for children. Children’s needs and
best interests should also be integrated into existing legal assistance programmes.
101. Specific legislation should ensure minimum quality standards for the work of
paralegals and define the types of legal services they can offer.
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