A/HRC/29/26
friendly information, advice, advocacy, including support for self-advocacy, and
access to independent complaints procedures and to the courts with necessary legal
and other assistance”.7
34.
The Special Rapporteur wishes to point out that, while this report focuses mainly on
issues related to the formal justice system, in its broadest sense, the concept of access to
justice involves not only access to the judicial system, but also access to other procedures,
mechanisms and institutions able to assist individuals to claim their rights, including
national human rights institutions, ombudsmen or mediation institutions (A/69/294,
para. 53 and A/62/207, para. 38). Concerns and recommendations formulated with regard to
the administration of the formal justice system are often relevant, mutatis mutandis, when it
comes to these other avenues for redress and remedy.
2.
Child-friendly legal aid
35.
The right to access justice is inextricably connected to the right to legal assistance.
As highlighted in previous reports, the purpose of legal aid is “to contribute to the
elimination of obstacles and barriers that impair or restrict access to justice by providing
assistance to people who would otherwise be unable to afford legal representation and
access to the court system” (A/HRC/23/43, para. 27). Accordingly, the Special Rapporteur
has advocated for a definition of legal aid that is as broad as possible, including “not only
the right to free legal assistance in criminal proceedings, as defined in article 14 (3) (d) of
the International Covenant on Civil and Political Rights, but also the provision of effective
legal assistance in any judicial or extrajudicial procedure aimed at determining rights and
obligations”(ibid). A broad definition and application of legal aid is all the more important
when dealing with children and children’s rights.
36.
As already noted by the Special Rapporteur, legal systems can be immensely
confusing and difficult, if not impossible, to navigate for children, especially without the
help of a legal professional. “Legal assistance provides children with the means to
understand legal proceedings, to defend their rights and to make their voices heard”
(A/HRC/23/43, para. 84). The right of children to have access to legal assistance is
recognized in a number of international instruments, including the Convention on the
Rights of the Child (in particular, in articles 12 and 40), and the Principles and Guidelines
on Access to Legal Aid in Criminal Justice Systems.
37.
In its general comment No. 10, the Committee on the Rights of the Child further
explained that, when preparing his/her defence, a child in conflict with the law must be
guaranteed free and appropriate legal and other appropriate assistance. 8 Indeed, by virtue of
their age, dependent status and economic circumstances most children are unable to pay for
legal aid. The Special Rapporteur considers that given this reality, “children must have
access to free legal assistance in criminal and in civil proceedings and administrative fees
must be waived”.9
38.
As noted in a 2011 study, “the provision of timely, competent, and developmentally
appropriate legal assistance directly advances a child’s right to a fair, just, and participatory
legal process. Child-friendly legal aid also has the potential to promote children’s
substantive rights”.10 In this respect, lawyers have a professional responsibility towards
children and should therefore acquire the special skills to be able to take into account the
unique attributes and needs of child clients and effectively deliver child-friendly legal aid.
7
8
9
10
8
General comment No. 5 (2003), para. 24.
General comment No. 10 (2007), para. 49.
UNDP, United Nations Children’s Fund (UNICEF) and United Nations Office on Drugs and Crime
(UNODC), Child-Friendly Legal Aid in Africa (2011), p. 11.
Ibid, p. 24.
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