A/HRC/27/25
A.
Opening remarks by the Deputy High Commissioner
5.
In her opening statement, the Deputy High Commissioner for Human Rights stated
that access to justice for children was at the core of the protection of human rights and an
essential prerequisite for the protection and promotion of all other human rights. She
explained that access to justice meant that children could obtain fair and timely remedies
for violations of their rights, and recalled that, although not explicitly mentioned in the
Convention on the Rights of the Child, the right to an effective remedy was recognized as
an implicit requirement of the Convention, as shown in general comment No. 5 of the
Committee on the Rights of the Child. In order to enjoy access to justice, children must also
be able to enjoy other fundamental rights provided in international instruments, including
the rights to a fair trial and to have access to information. Children must also have access to
the right to be heard and protected from discrimination on any grounds. She highlighted the
challenges faced by children in their access to this right, including the complexity of legal
systems, the lack of awareness and information, fear of reprisals and stigmatization, social
attitudes concerning children, and dependence on support from adults. Certain groups of
children also faced additional obstacles in their access to justice, such as children in
institutional care, migrant children, children living in extreme poverty and children affected
by conflict.
6.
At a national level, the Deputy High Commissioner set out two main aspects that
need to be considered: the empowerment of children to claim their rights, including
awareness of rights, the provision of appropriate information and recognition of the
evolving capacity of children; and the ability of national legal systems to accept and
address challenges faced by, or on behalf of, children. She suggested that this required
child-sensitive procedures that are independent, safe, effective and easily accessible. At the
international level, she drew attention to the third Optional Protocol to the Convention on
the Rights of the Child, due to enter into force in April 2014. The Committee on the Rights
of the Child was currently working on a child-friendly complaint form to allow children to
use the complaints procedure and to address their concerns to the Committee directly. She
encouraged States to ratify the Protocol.
B.
Statements by panellists
7.
The moderator of the discussion, Ms. Zappia, stated that, for rights to have meaning,
effective remedies had to be available to address violations. Children’s rights were not
“mini-rights”, but had to be equally protected, with acknowledgement of the additional
barriers existing because of their status as children.
8.
Ms. Zappia introduced a presentation by Child Rights Connect, in which it outlined
the results of a survey of 310 children between 11 and 17 years of age, and from 24
countries, on the justice system. Many children felt that they were not always heard or
taken seriously, and that they were often easiest to ignore, as they lacked power. Parents
and carers were identified as the primary sources of information concerning access to
justice, although 20 per cent of children preferred to seek information from non-family
members, who were perceived as easier to talk to and less biased. Many felt that engaging
with the justice system would likely expose their families to danger. Respondents stated
that they wanted practical support, in the form of advice, guidance, information and, if
necessary, an appropriate reference person, such as a teacher, social worker, psychologist,
parent or carer. They also wanted to stay informed and be contacted regularly about their
case, and stressed the need for a swift justice system, taking into account children’s
perception of time.
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