A/HRC/27/25
14.
The Special Representative of the Secretary-General on Violence against Children
emphasized that access to justice was at the heart of the human rights agenda, and was
fundamental for sustainable development and good governance. The rule of law and access
to responsive justice systems helped to drive development, besides having their own
intrinsic value. Countries that had been affected by violence and instability, poor rule of
law and weak law enforcement were also those that found it difficult to overcome impunity,
and had children at risk of poor health and social exclusion. For children, the justice system
was not only complex, but a labyrinth – an unknown universe they could not understand.
Access to justice required a system that was well-equipped, had capacity and resources; but
it also had to be a system that children understood, felt close to, trusted, that did not
threatened them. States needed to have mechanisms for specialized legal aid for children
and professional codes of conduct to know how to engage with children.
C.
Plenary discussion
15.
During the morning panel, representatives of the following States and organizations
took the floor: Yemen (on behalf of the Arab Group), Costa Rica (on behalf of the
Community of Latin American and Caribbean States), Senegal (on behalf of the Group of
francophone countries), the European Union, the Organization of Islamic Cooperation,
Poland, Australia, the Republic of Korea, Thailand, Chile, Belgium, Montenegro, the
Republic of Moldova, Qatar, Slovenia, Slovakia, Estonia, Algeria, Austria, Turkey, the
Syrian Arab Republic, Italy, France, Paraguay, Cyprus, China, Kuwait, Pakistan and Sierra
Leone. Representatives of the following national human rights institutions and nongovernmental organizations also took the floor: the Scottish Human Rights Commission,
Plan International (in a joint statement), Human Rights Advocates, the National Human
Rights Commission of Morocco, the International Institute for Non-Aligned Studies and the
Centre for Environmental and Management Studies.
16.
During the discussion, delegations expressed their support for the report of the High
Commissioner on access to justice,2 and its conclusion that access to justice for children
was a fundamental right and an essential prerequisite for the protection and promotion of all
other human rights of children. Children could not have access to justice if they were not
empowered. They had to be recognized as rights-holders and able to participate fully in all
procedures, in accordance with their age and maturity. The third Optional Protocol to the
Convention on the Rights of the Child was highlighted by a number of States as a way of
supporting national efforts to guarantee access to justice for children. It was stressed that
the promotion and protection of children’s rights should be at the core of a national human
rights policy.
17.
Member States reiterated their view that there was a need to build greater
understanding and awareness of children’s rights, and emphasized that providing children
with knowledge, skills and information was an important element in increasing children’s
access to justice. Barriers to effective access to justice including fear, social and cultural
stigma and insufficient information, were mentioned, as were lack of appropriate services
and trained officials. In this regard, insufficient resources were raised as a consistent
concern. The impact of austerity measures and legal aid cuts in developed countries, and
their disproportionate effect on children, were also mentioned.
18.
States stressed that the justice system had to be tailored to the specific needs of
children in order to avoid re-victimization and to protect children from further hardships
when seeking remedies. Many States gave examples of how access to justice for children
2
6
A/HRC/25/35.
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