A/HRC/16/56
request protection or support from any public institution and to make complaints regarding
violations of their rights to the public prosecutor or the Ombudsman.18
36.
Some laws recognize the legal standing of children to bring complaints to the
attention of judicial authorities. Many of the children’s codes adopted in Latin America
recognize this right.19 In the Philippines, child rights legislation expressly authorizes
children to seek legal redress for violations of the rights recognized therein, including the
right to be free from physical, sexual and psychological abuse.20 The Children’s Act (No.
38 of 2005) of South Africa recognizes the right of children to seek judicial remedy for
violations or threatened violations of the Act or of constitutionally recognized rights.21
37.
In some countries the exercise of this right is limited to older children. In Russia, for
example, children 14 or older can take legal action to seek protection from their parents or
other persons exercising parental authority.22 In Tunisia, children over the age of discretion
(13 years) may take legal action in “matters of special urgency and in the case of danger at
home”.23
38.
Where the right to seek a judicial remedy is limited to older children, younger
children may turn to administrative bodies, which may initiate legal proceedings if they
consider it appropriate. In Ecuador, for example, where children over the age of 12 “may
personally take legal action for the protection of their rights”, younger children may request
assistance to protect their rights when action concerning their legal guardian is needed.24 In
the Russian Federation and Belarus, children of any age may make complaints to the
competent administrative authorities concerning parents or other persons acting in loco
parentis.25
(b)
Administrative complaints
39.
Some international instruments require the establishment of special complaints
mechanisms within institutions for children. The Guidelines for the Alternative Care of
Children, for example, provide that “children in care should have access to a known,
effective and impartial mechanism whereby they can notify complaints or concerns
regarding their treatment or conditions of placement”.26 The United Nations Rules for the
Protection of Juveniles Deprived of Liberty indicate, inter alia, that children in closed
facilities of any kind “should have the opportunity of making requests or complaints to the
director”, and the right to make complaints to administrative and judicial authorities, and to
be informed of the response without delay.27 Moreover, the Rules call for the establishment
18
19
20
21
22
23
24
25
26
27
10
Organic Law No. 1/1996, art. 10, in Donnell, “The right of children”, p. 29.
See for example the Children’s and Adolescents’ Code of the Plurinational State of Bolivia, art. 213;
of Costa Rica, art. 104; and of Paraguay, arts. 119 (a), 123 (b) and 161, in Donnell, “The right of
children”, pp. 9 and 28.
Republic Act No. 7610 on the Special Protection of Children against Child Abuse, Exploitation and
Discrimination, sections 27 (a) and 3 (a).
In Donnell, “The right of children”, p. 27.
Non-Litigious Civil Procedure Act, art. 64; second periodic report of the Russian Federation
(CRC/C/65/Add.5), para. 71 (o).
Code for Civil and Commercial Procedure, art. 19, para. 1, in Donnell, “The right of children”, p. 12.
Children’s and Adolescent’s Code, art. 65, in Donnell, “The right of children”, p. 28.
CRC/C/65/Add.5, para. 71 (o); Belarus Child Rights Act (No. 2570-XII), art. 13, in “The right of
children”, p. 29.
General Assembly resolution 64/142, annex, para. 99.
General Assembly resolution 45/113, annex, paras. 75-76.
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