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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