A/HRC/25/35 legal advisor to the child in order to be able to clearly assert the child’s best interest in cases of significant conflict with parents’ interest. The legal advisor establishes what is in the child’s best interest and asserts those interests in court. Moreover, he or she also informs the child, in an appropriate manner, of the subject matter, the course and possible outcome of the proceedings. 39. A number of non-governmental organizations emphasized the fact that if the parents, legal guardians or legal representatives are unable or unwilling to represent child victims in court, it may also be beneficial for children to be able to turn to other actors in getting redress, including National Human Rights Institutions, legal clinics, public child defenders and non-governmental organizations. Moreover, the possibility to access group litigation and complaints, such as combined cases or test cases, can provide the opportunity to challenge systematic, grave or widespread children’s rights violations. This possibility is particularly relevant if there are difficulties in identifying victims without doubt due to the nature of violations, such as in the case of child pornography, or characteristics of the victims, for example very young children. Legal and other appropriate assistance for children 40. As children are usually at a disadvantage in engaging with the legal system, whether as a result of inexperience or lack of resources to secure advice and representation, they need access to free or subsidized legal and other appropriate assistance to effectively engage with the legal system. Without such assistance, children will largely be unable to access complex legal systems that are generally designed for adults. Free and effective legal assistance is particularly important for children deprived of their liberty. 41. The right to legal and other appropriate assistance in the context of criminal proceedings, including for children, is well established under international human rights law.46 The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems specify that “[l]egal aid provided to children should be prioritized, in the best interests of the child, and be accessible, age-appropriate, multidisciplinary, effective and responsive to the specific legal and social needs of children.” The Committee on the Rights of the Child has also explicitly recognized that legal or other appropriate assistance for children should be free of charge and recommended that States provide as much as possible for adequate trained legal assistance, such as expert lawyers or paralegal professionals. Other appropriate assistance includes, for instance, social workers, psychologists, National Human Rights Institutions, friends and family members. Such a person must, however, have sufficient knowledge and understanding of the various legal aspects of the judicial process and must be adequately trained to work with children in conflict with the law. 47 42. In this regard, Sierra Leone provided information that it piloted a national legal aid scheme which, inter alia, provides legal aid to children in conflict with the law and supports lawyers in providing legal assistance to victims. Moreover, Sierra Leone acknowledged the important role that paralegals can play in providing legal aid and reported that it trains paralegals to monitor police stations and advocate for the release of children, as well as to provide free legal advice and mediation services at grassroots level. 43. While the right to free legal assistance is not explicitly provided for in international law outside the criminal law context, access to legal and other assistance in these matters is 46 47 See the Convention on the Rights of the Child, article 40(2)(b)(ii) and (iii); article 14 of the International Covenant on Civil and Political Rights; United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, paras. 2, 3 and 10. Convention on the Rights of the Child, General Comment No. 10, para. 49. 13

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