A/HRC/16/56 30. Although in some countries the right to counselling is formally recognized, the services available are scarce and largely provided by voluntary agencies. Informal estimates indicate that less than 25 per cent of children in need of counselling services receive them. 31. Ensuring that all children, including those who have experienced violence, have access to child-sensitive and effective counselling is a daunting, long-term challenge. This neglected area should be strengthened, including through the promotion of sensitization and social-mobilization campaigns, the adoption of relevant legal, educational, and social measures, the training of relevant professionals, and the support of mental health services for children and adolescents. The empowerment and involvement of young people in the design and evaluation of these actions remains critical for their effectiveness. 2. Complaints mechanisms 32. At the national level, different bodies receive complaints from children whose rights may have been violated. They include judicial and administrative authorities, and national independent human rights institutions, including ombudspersons for children. 33. Complaints mechanisms serve various purposes, including ensuring the protection of victims and the prevention of renewed acts of violence. Some mechanisms are designed to impose criminal sanctions on the offender. Others, including within school, social-welfare, law-enforcement and correctional systems, impose administrative responsibility in order to deter future acts of violence, or are designed to compensate the victim for damages suffered. Providing the victim with assistance is not the main purpose of complaint mechanisms, although it may be part of the response to complaints. 34. The concept of “complaint” implies that the body competent to receive it has legal powers to take appropriate action. In this sense, complaints are not addressed to civil society organizations, although these organizations may offer advice or assist in bringing complaints forward to the competent authorities. The contribution of civil society to making complaints mechanisms known, accessible, effective and child-friendly cannot be underestimated. (a) The right of children to lodge complaints 35. In some counties, legislation recognizes a broad general right of children to lodge complaints before public authorities. The effectiveness of such legislation is closely associated with children’s access to information on their right to access justice and to complain before a judicial or non-judicial mechanism. The Costa Rican Children’s and Adolescents’ Code, for example, provides that: “Persons under the age of majority shall have the right to seek shelter, help and advice when a threat to their rights entails a serious risk to their physical or spiritual health; and to receive timely assistance and protection from the competent authorities.”15The Paraguayan Children’s and Adolescents’ Code recognizes the right of children to personally request any public body or official to take action that is within their mandate or competence, and to receive a timely reply.16 In Romania, Law No. 272/2004 on the protection and promotion of the rights of the child recognizes the child’s right to personally make complaints regarding violations of his or her fundamental rights.17In Spain, the law recognizes children’s right to receive from the public authorities adequate assistance in guaranteeing respect for their rights, including the right to 15 16 17 Law No. 7739, art. 19, in Daniel O’Donnell, “The right of children to be heard: children’s right to have their views taken into account and to participate in legal and administrative proceedings”, Innocenti Working Paper (Florence, Innocenti Research Centre, 2009), p. 28. Law No. 1.680 of 2001, art. 26, in Donnell, “The right of children”, p. 28. Art. 29, para. 1, in “The right of children”, p. 27. 9

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