A/HRC/30/37
can understand and in a manner that is gender- and culture-sensitive. The said
information should in addition be provided to parents, guardians or caregivers of the
child;
(e)
Any child deprived of his or her liberty has the right to bring a
complaint in his or her own name or, if it is in his or her best interests, through a
representative or an appropriate body. Children are to be allowed to be heard either
directly or through a representative or an appropriate body in any proceedings.
Wherever possible, children should have the opportunity to be heard directly. If
children choose to be heard through a representative, steps are to be taken to ensure
that their views are transmitted correctly to the competent body and that the
representative is aware that he or she represents exclusively the interests of the child;
(f)
National laws should stipulate measures aimed at the prevention of ill treatment or intimidation of a child who brings or has brought such a complaint, and
should provide for sanctions against persons in violation of such laws;
(g)
The child has the right to have the matter determined in the presence of
his or her parents or legal guardian, unless such an arrangement is not considered to
be in the best interests of the child. In cases of conflict of interest, courts and
relevant complaint mechanisms should be empowered to exclude parents and/or legal
representatives from proceedings and to appoint an ad hoc legal guardian to
represent a child’s interests;
(h)
Each case from the outset is to be handled expeditiously, without any
unnecessary delay. Decisions are to be rendered as soon as possible, and no later
than two weeks after a challenge has been made;
(i)
The privacy and personal data of a child who is or who has been
involved in judicial or non-judicial proceedings and other interventions should be
protected at all stages, and such protection should be guaranteed by law. This
generally implies that no information or personal data may be made available or
published by the competent authorities that could reveal or indirectly enable the
disclosure of the child’s identity, including images of the child, detailed descriptions
of the child or the child’s family, names or addresses of the child’s family members
and audio and video records.
Guideline 19
Specific measures for women and girls
101. Applicable and appropriate measures shall be taken to provide accessibility and
reasonable accommodation ensuring the right of all women and girls to equal and fair
access of the right to bring proceedings before a court to challenge the arbitrariness and
lawfulness of detention and to receive without delay appropriate and accessible remedies.
These measures include:
(a)
Introducing an active policy of incorporating a gender equality
perspective into all policies, laws, procedures, programmes and practices that are
designed to protect the rights and specific status and distinct needs of women and
girls who are subject to the deprivation of their liberty;
(b)
Taking active steps to ensure that, where possible, persons who possess
education, training, skills and experience in the gender-specific needs and rights of
women are available to provide legal aid, advice and court support services in all
legal proceedings to female detainees.
23
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