A/HRC/29/26 III. Protecting children’s rights in the justice system A. International legal framework and fundamental principles 18. A number of international human rights treaties and instruments address issues related to access to justice and to an effective remedy, the treatment and rights of persons before the courts and in judicial and administrative proceedings, and the independence of the judicial system and the legal profession. Some of these instruments are applicable to all without distinction, including on the basis of age. A number of them provide child-specific guarantees and protection. Other instruments are exclusively dedicated to children. 19. The instruments referred to throughout the present report, and which form the basis of the Special Rapporteur’s analysis, are mentioned below. They do not represent an exhaustive list. Special attention is given to the provisions of the Convention on the Rights of the Child and the fundamental principles it contains. The rights and principles contained in the Convention should always be taken into account by judges, prosecutors and lawyers alike when performing any of their professional functions where children are concerned. 20. Article 14 of the International Covenant on Civil and Political Rights establishes that “all persons shall be equal before the courts and tribunals” and that “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”. Article 14 also details a series of due-process guarantees for persons charged with a criminal offence and, in this context, it explicitly stipulates that “in the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation”. In its general comment No. 32, the Human Rights Committee recognized that “juveniles need special protection” and recommended that States take measures “to establish an appropriate juvenile criminal justice system, in order to ensure that juveniles are treated in a manner commensurate with their age”.1 21. Other relevant international human rights instruments include the following: Basic Principles on the Independence of the Judiciary (1985); United Nations Standard Minimum Rules for the Administration of Juvenile Justice (1985) (the Beijing Rules); Basic Principles on the Role of Lawyers (1990); Guidelines on the Role of Prosecutors (1990); United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990) (the Havana Rules); Guidelines for Action on Children in the Criminal Justice System (1997); Bangalore Principles of Judicial Conduct (2002); Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters (2002); Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (2005); United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (2010) (the Bangkok Rules); and the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (2012). Convention on the Rights of the Child and its four fundamental principles 22. The Convention on the Rights of the Child enshrines a series of guarantees relevant to the specific protection due to children who come into contact with the justice system. Of particular relevance to the present report is article 40 of the Convention, which recognizes the “right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth” and that takes into account “the child’s age”. Article 40 lists a series of dueprocess guarantees, some of which provide for additional protection due to children. In addition, article 12 states that children shall be provided “the opportunity to be heard in any 1 General comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, paras. 42 and 43. 5