A/HRC/27/25 9. Ms. Poirier defined access to justice as the right of individuals to obtain a quick, effective and fair response, to prevent or solve disputes, to control the abuse of power through transparent processes and to have affordable and accountable mechanisms available. Without accountability, human rights instruments, even if widely ratified, had no meaning. She stated that access to justice was a challenge for all children, one that was especially difficult for the most vulnerable. She emphasized that a lack of access to justice was a defining characteristic of poverty. Equitable access to justice implied ensuring that all children were served and protected by the justice system. When accessible to all, the justice system was a powerful means to end abuse and restore entitlements, such as social benefits. 10. Ms. Poirier reported the preliminary findings of a research study initiated by UNICEF in Europe and Central Asia, which indicated that children faced the same barriers as adults in their access to justice – for example, fees, distrust in the system, lack of information, and stigma – but also faced obstacles relating to their status, including a lack of legal standing to participate, or social norms that made it unacceptable or inconceivable for a child to lodge a complaint without parental consent. 11. Ms. Winter stated that “child-friendly” justice was age-sensitive, accessible, speedy, diligent, suited to the rights of the child and supported a child to participate in and understand proceedings. This included not only penal but also civil and social assistance proceedings, covering such diverse cases as asylum seekers, migrant children, rape, abuse and divorce. She stated that she was yet to see a country in which all these standards were met. Ms. Winter cited several individual cases in which children were not protected, had no child-sensitive assistance and had been wrongfully punished. She gave the example of asylum-seeking children separated from their families, who were assisted by an appointed person who knew about the case but not the child, without child-appropriate language or information about the proceedings given to the child, and of children in remote places who had access only to a traditional justice system that did not recognize a child’s rights. She hoped that the World Congress on Juvenile Justice in January 2015 would provide an opportunity to implement what should have already been implemented. 12. Mr. Beah stated that the right to a legal representative was a fundamental human right; although this right was well established for criminal matters, it should not be overlooked in civil matters. While some countries had strong laws, they were not always followed in practice; on the other hand, some countries had good practices that were not enshrined by law. The degree of legal representation varied from country to country; in developing countries, the law often did not provide for representation, and even when it did, there are no qualified lawyers or appropriate resources to fund them. Mr. Beah highlighted the difficulties arising in relation to traditional justice systems that did not recognize international standards, and prioritized community cohesion over the best interests of the child. Countries should ensure procedures and measures for empowering children and families to participate effectively, and enforce laws that already existed. 13. Ms. Ortiz stated that access to justice was a fundamental pillar on which democracy and rule of law rested. Ten per cent of complaints received by the Inter-American Commission on Human Rights were from children, and a large number of them related to lack of access to justice. In the light of the specific bearing that the passage of time has on children, petitions relating to children were expedited. The Commission had a special rapporteur on the rights of children, and had recognized that, to have effective access to justice, children should be afforded free legal advice and their right to be heard guaranteed in accordance with their age and maturity. All decisions made must be grounded in the best interests of the child. It was essential that children, families and communities were empowered with information about rights and channels to report violations. She emphasized the importance of State support for families and communities to be able to care for children responsibly, which would guarantee the effective protection of their rights. 5

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