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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