A/HRC/25/35 26. A number of States have established Ombudsman Offices or similar institutions to receive complaints from children about violations of their rights. In Estonia, for example, the Ombudsman Office for Children is, inter alia, responsible for resolving complaints related to children’s rights concerning individuals and authorities that perform public functions, and to verify whether the legal acts related to children’s rights are in accordance with the Constitution and international law. Complaints mechanisms for children in closed institutions 27. Mechanisms through which children in closed institutions can file a complaint regarding their treatment are of utmost importance to these children. When a child is placed in such an institution, States are responsible for ensuring their safety, protection, welfare and appropriate care and treatment. Without access to complaint mechanisms, these children face an increased risk of suffering abuse of authority, humiliation, ill-treatment and other unacceptable deprivations of rights.34 28. The United Nations Rules for the Protection of Juveniles Deprived of their Liberty provide 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. The Rules also call for the establishment of an independent office, such as an ombudsman, to receive and investigate complaints made by juveniles deprived of their liberty and to assist in the achievement of settlements.35 Moreover, the Guidelines for the Alternative Care of Children provide that “[c]hildren 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”.36 29. For example, Uzbekistan stated that children deprived of their liberty have the right to report infringements of their rights to a wide variety of actors, including the administration of the institution where they are held, Government bodies, civil society groups and other institutions and organizations. All places of detention are also equipped with letter-boxes for complaints. In police facilities, a helpline is available, which can be used to obtain legal assistance. Customary and religious justice systems 30. Customary and religious justice systems in some State are recognized by law and provide certain types of dispute resolution processes. The Human Rights Committee has indicated that these mechanisms should be limited to minor civil and criminal matters.37 Customary justice mechanisms are sometimes more available for children and their families and provide the means for easier conflict resolution. The Special Representative of the Secretary-General on Violence against Children noted that they tend to use more accessible language, have a greater potential for healing, are less costly and promote more direct involvement of the offender and victim, as well as their families and the community.38 The 34 35 36 37 38 10 See, for instance, the Joint report of the Office of the High Commissioner for Human Rights, the United Nations Office on Drugs and Crime and the Special Representative of the Secretary-General on Violence against Children on prevention of and responses to violence against children within the juvenile justice system (A/HRC/21/25), paras. 52–55; Report of Working Group on arbitrary detention (A/HRC/10/21), para. 47. General Assembly resolution 45/113, rules 69, 75-78; para. 36 of the Standard Minimum Rules for the Treatment of Prisoners; General Assembly resolution 43/173, principle 33. General Assembly resolution 64/142, para. 98. Human Rights Committee, General Comment No. 32, para. 24. Promoting Restorative Justice for Children, p. 26.

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