A/HRC/29/26 percent of disputes resolved through informal justice mechanisms in some countries”.14 Informal justice systems encompass many mechanisms of differing degrees and forms of formality, whether or not their role is officially recognized by the State. These informal mechanisms, whose role often includes the resolution of disputes and the regulation of conduct by adjudication or assistance to a third party, include tribal, culture and religionbased courts and often exist side by side with the formal justice system. 46. In many contexts, such informal justice systems “deal with issues that have a direct bearing on the best interests of women and children, such as issues of customary marriage, custody, dissolution of marriage, inheritance and property rights”.15 Yet, little research seems to have been done on the issues arising when children enter into contact with informal justice systems.16 47. People reach out to informal justice systems rather than the formal one for diverse reasons. Informal justice systems are often more accessible, comprehensible, familiar and affordable, and less formal. Informal justice systems are also often seen as providing for potentially quicker and less expensive remedies, which are perceived as more in accordance with specific cultural, religious or other traditional values and beliefs. Contrary to formal justice systems, informal justice systems’ outcomes are also often perceived as emphasizing reconciliation, restoration, compensation and reintegration rather than custodial sanctions. 48. Informal justice systems nevertheless present extremely worrying aspects, in particular when it comes to the treatment of children. In reality, many informal justice systems reinforce existing societal or structural discrimination and power relations, in particular to the detriment of children, women and various minorities. In particular, in many societies, traditional values attribute little or no importance to the opinions and wishes of children, and, as a result, many informal justice systems ignore the rights of children, especially the rights to be heard in matters that affect them and to have their best interests protected. 49. It is important to recall that “such courts cannot hand down binding judgements recognized by the State unless the proceedings are limited to minor matters, they meet the basic requirements of fair trial and other procedural guarantees, and their judgements are validated by State courts and can be challenged by the parties concerned in a procedure meeting the requirements of article 14 of the Covenant” (A/HRC/8/4, para. 38).17 Judgements that do not conform to international human rights standards are simply not acceptable. It is essential to ensure that international human rights norms and standards concerning children are known and applied by informal justice systems, as the obligation to respect, protect and fulfil human rights extends to them as well. C. Child-sensitive adjudication 50. Notwithstanding the abundance of international treaties, rules, guidelines and principles that exist to protect children’s rights, the Special Rapporteur notes that the treatment of children in judicial proceedings, both civil and criminal, is generally unsatisfactory. Justice systems are too often not adapted to integrate adequate consideration of children’s rights. Judges and prosecutors often do not take children’s cases, views or best interests seriously, and children’s lawyers are often unequipped to represent them in a proper manner. It is unacceptable that children who come into contact with the justice system are often victimized or re-victimized. 14 15 16 17 10 UNDP, UNICEF and UN-Women, Informal Justice Systems—Charting a Course for Human Rightsbased Engagement, p. 5. Ibid. Ibid., p. 12. See also Human Rights Committee general comment No. 32 (2007).