A/HRC/16/56
IHRICs have the power to consider individual complaints and petitions and carry out
investigations, including those submitted on behalf of or directly by children.
96.
Several IHRICs can take cases to court or alert the prosecutor, in particular when a
child is in danger and an urgent judicial decision is needed.
2.
Accessibility
97.
Compared with the judicial system, IHRICs are generally more accessible as their
complaint system is free of charge, does not require a lawyer, and is less formal and simpler
to use. Accessibility is enhanced through local offices for the identification and
transmission of cases. Some IHRICs proactively reach out to children, including by visiting
schools, detention and care centres and other places where children spend time, including in
remote areas. Most IHRICs can carry out investigations on their own initiative.
Confidentiality is a critical element of this process.
98.
To ensure child-sensitive approaches and easily communicate with children, IHRICs
promote child-friendly premises, in-service training and the use of new technologies,
including websites and social media. Some offices have complaint forms online and host
online forums for children.
99.
Involving children in the work of these institutions has led to major breakthroughs.
In some cases, a “Youth Advisory Panel”62 or elected student representatives63 help
familiarize their peers and classmates with their work and make complaints procedures
more accessible.
100. In some instances, the law provides that the IHRIC can only handle a complaint filed
by a child once permission from a parent or legal guardian is granted.64 However, in cases
where parents or legal guardians may be the source of abuse, children are allowed to choose
an adult they trust. In other countries, the child’s permission needs to be sought to pursue a
complaint filed on his or her behalf.
3.
Effectiveness
101. Strong investigative powers are vital to the effectiveness of IHRICs and their ability
to respond to complaints. These include the power to compel witnesses to testify and
request evidence. To be effective, these need to be included in relevant legislation and be
enforceable by tribunals in case of non-compliance. In several countries, IHRICs were
created with a view to improving the ability of the child protection system to monitor and
respond to cases of child abuse.65
102. When handling a child rights complaint, time is of the essence. The limited
formalities involved in addressing complaints mean that they can be processed faster. The
status of the independent institution in the country and institutional collaboration with highlevel decision-making bodies facilitate rapid solutions to urgent cases.
103. IHRICs have a critical mandate anchored in the Convention on the Rights of the
Child and guided by the child’s best interests. But they require adequate resources,
institutional cooperation with other actors and independence in the performance of their
mandate. Their effectiveness is also deeply dependent on the level of trust they generate
among young people.
62
63
64
65
20
For example in Ireland, Wales and New Zealand.
For example in France.
For example in Ireland.
This is particularly the case in North America, Australia and New Zealand.
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