A/HRC/25/35
process involving children, the document provides guidelines not only for judges and
magistrates, but also to lawyers and other relevant actors, as well as civil society at large.
35.
While training for teachers, parents, civil society actors and other persons working
with children was less often referred to in contributions to this report, a number of
initiatives have also been highlighted. Burkina Faso, for instance, reported on training and
awareness raising initiatives for parents associations, as well as civil society actors on
children’s rights. The Ministry of Education, Youth, and Sport in Cambodia also regularly
carries out trainings on children’s rights for school (deputy) directors and teachers in
primary and high schools across the country.
C.
Triggering judicial action
36.
The right of children to take legal action or invoke administrative proceedings to
protect their rights differs in various countries. In this context, the importance of nondiscriminatory birth registration as provided in article 7 of the Convention on the Rights of
the Child should be highlighted.43 Apart from ensuring the existence of the child under law,
birth registration provides the foundation for safeguarding children’s rights, including
children’s access to justice.
37.
Some States recognize the legal standing of children to lodge complaints before
judicial and other authorities. For instance, the South African Children’s Act enables
children not only to participate in civil proceedings but also to institute proceedings
themselves. In some countries, the exercise of this right is limited to older children and may
also depend on the fulfilment of other requirements, such as the child’s level of personal
development, their capacity to understand the legal proceedings, or the consent of their
parents. Younger children sometimes have the possibility to turn to administrative bodies,
which may initiate legal proceedings on their behalf if they consider it appropriate.44 For
instance, in the Russian Federation, when the rights and legitimate interests of a child are
infringed in relations between the child and the parents or other legal representatives, all
children, irrespective of their age, shall be legally entitled to approach the child care
authorities to seek their protection, or a court on reaching the age of 14 years. However, in
many countries, children can only take action through their parents or legal representatives.
In this case, it is important that the child’s views are transmitted correctly to the competent
body. Moreover, the representative should be aware that he or she represents exclusively
the interests of the child.45
38.
The interest of children and their legal representative may also be in conflict. For
instance, parents involved in separation or divorce may seek to use their interpretation of
their children’s rights to pursue their own interests, rather than their children’s.
Furthermore, parents or legal representatives may be the direct or indirect perpetrators of
breaches of many children’s rights. In a number of countries, courts are empowered to
exclude parents/legal representatives from proceedings and appoint an ad hoc legal
guardian to represent a child’s interest in such cases. For instance, in Germany, parents are
excluded from representing the child in certain civil cases prescribed by law, such as legal
transactions between the child and one of his or her parents, and a supplementary curator is
appointed for the child in that matter. Before the family court, the court must appoint a
43
44
45
12
Article 16 of the International Covenant on Civil and Political Rights also recognizes that “[e]veryone
shall have the right to recognition everywhere as a person before the law”.
Safe and child-sensitive counselling, complaint and reporting mechanisms to address violence against
children, footnote 22 above, p. 12.
Convention on the Rights of the Child, General Comment No. 12, paras. 36-37.
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