A/HRC/21/26 without resorting to formal judicial proceedings, whenever appropriate and desirable, while ensuring that human rights and legal safeguards are fully respected. When diversion measures are not possible, the Convention provides that States parties should seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children accused of an infringement of criminal law. The Beijing Rules confirm the necessity of specific national legislation as well as institutions and bodies entrusted with the functions of the administration of juvenile justice and specify that the whole system should be designed to meet the varying needs of children in conflict with the law, while protecting their human rights. 19 Fair trial guarantees 10. While all the procedural guarantees provided in article 14 of the International Covenant on Civil and Political rights are equally applicable to children, the Convention on the Rights of the Child also provides a list of fundamental procedural safeguards to ensure fair treatment and trial of children accused of committing a crime. For instance, in line with article 15 of the International Covenant on Civil and Political Right, article 40, paragraph 2)(a), of the Convention on the Rights of the Child prohibits the retroactive application of criminal law. Moreover, the Convention provides that children accused of a criminal act are entitled, at all stages of proceedings, to be presumed innocent until proven guilty;20 to obtain prompt and direct information of the charges and to have legal or other appropriate assistance in the preparation and presentation of their defence;21 to have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law; to obtain legal assistance; to enjoy the presence of parents or legal guardians in the proceedings unless their presence is considered adverse to the best interest of the child;22 and the right not be compelled to give testimony or to confess guilt.23 11. The Convention on the Rights of the Child requires that children be provided with the opportunity to be heard in any judicial and administrative proceedings affecting them, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. 24 Moreover, children may examine or have examined adverse witnesses and obtain the participation and examination of witnesses on their behalf.25 If the child does not understand or speak the language, he or she has the right to get free assistance of an interpreter.26 12. Children are accorded the right to have the decision by which they were found guilty or any measures imposed in consequence thereof reviewed. The appeal shall be carried out by a higher competent, independent and impartial judicial body according to law. 27 The Convention on the Rights of the Child requires that the privacy of the child is respected at all stages of the proceedings.28 13. According to the Beijing Rules, when judicial proceedings are required, children must be dealt with by the competent authority in accordance with the principles of a fair 19 20 21 22 23 24 25 26 27 28 Rule 2.3, ibid. Art. 40, para. 2 (b)(i), Convention on the Rights of the Child. Art. 40, para. 2 (b)(ii), ibid. Art. 40, para. 2 (b)(iii), ibid. Art. 40, para. 2 (b)(iv), ibid. Article 12, ibid, rule 14.2, Beijing Rules. Art. 40, para. 2 (b)(iv), Convention on the Rights of the Child. Art. 40, para. 2 (b)(vi), ibid. Art. 40, para. 2 (b)(v), ibid. Art. 40, para. 2 (b)(vii), ibid.; art. 16, ibid. 5