A/HRC/16/56
criminal justice response is followed by assistance, where appropriate83”. Article 31
establishes a comprehensive set of safeguards for the protection of the rights of victims and
witnesses, including on their safety, protection from intimidation and re-victimization,
rehabilitation, and the provision of age-sensitive information. Article 35 contains standards
regarding interviews with child victims, which should take place without unjustified delay,
by professionals trained for this purpose and conducted in an environment and in manner
sensitive to the rights and vulnerability of the child84. This Convention also indicates that
norms concerning the confidentiality of information obtained in the course of professional
activities should not prevent their reporting of situations where they have reasonable
grounds for believing that the child is a victim of sexual abuse or exploitation and it
encourages the establishment of telephone or internet helplines to provide confidential
advice.85 At present, it is in force for 10 of the 47 Member States of the Council of Europe,
and is also opened to the accession by non-member States.86
15.
The 2005 Economic and Social Council Guidelines on Justice in Matters
involving Child Victims and Witnesses of Crime (“UN Guidelines”), provide a
comprehensive set of standards of strong relevance for the protection of children affected
by violence. Sections V to XIV contain significant guidance on the right to be treated with
dignity and compassion; to be protected from discrimination; to be informed, to be heard
and to express views and concerns; the right to effective assistance, to privacy, to be
protected from hardship during the justice process; the right to safety, to reparation and to
special preventive measures.
16.
At the regional level, the Council of Europe Guidelines on Child Friendly
Justice87, adopted in November 2010, recognize the right to a speedy, age sensitive,
diligent justice system that respects children’s rights and children’s protection from harm,
intimidation, reprisals and secondary victimization; the Guidelines also highlight the right
to “appropriate ways to access justice” and to “appropriate independent and effective
complaints mechanisms.”88
3.
International commitments to children
17.
The participants at the World Congress III against Sexual Exploitation of
Children and Adolescents agreed upon important commitments in this area, having called
on States to:
(a)
establish by 2013 an effective and accessible system for reporting, follow up
and support for child victims of suspected or actual incidents of sexual exploitation, for
example by instituting mandatory reporting for people in positions of responsibility for the
welfare of children;
(b)
develop or enhance accessibility of existing telephone or web-based help
lines, in particular for children in care and justice institutions, to encourage children and
require care givers to confidentially report sexual exploitation and seek referral to
appropriate services, and ensure that the operators of such reporting mechanisms are
adequately trained and supervised;
83
84
85
86
87
88
Art.30
In addition, Art.36(2)(b) requires States Parties to ensure that “victims may be heard in the courtroom
without being present, notably through the use of appropriate communication technologies.”
Arts.12 and 13
As at 15 January 2011.
Adopted on 17 November 2010 by the Committee of Ministers of the Council of Europe
III.A.1 and III.E.3
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