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.
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