A/HRC/25/35 rights to relevant information, an effective remedy, a fair trial, to be heard, as well as to enjoy these rights without discrimination. In addition, the responsibility of States Parties to realize the rights of all children requires structural and proactive interventions to enable access to justice. 9. The International Covenant on Civil and Political Rights and the Convention on the Rights of the Child are of particular relevance. Under both instruments, States are required to ensure that their domestic legal framework is consistent with the rights and obligations provided, including the adoption of appropriate and effective legislative and administrative procedures and other appropriate measures that provide fair, effective and prompt access to justice.11 10. Article 2(3) of the International Covenant on Civil and Political Rights provides for the right to an effective remedy. In its General Comment No. 31 on the Nature of the General Legal Obligation Imposed on States Parties to the Covenant, the Human Rights Committee emphasized that “in addition to effective protection of Covenant rights, States Parties must ensure that individuals also have accessible and effective remedies to vindicate those rights. Such remedies should be appropriately adapted so as to take account of the special vulnerability of certain categories of person, including in particular children.”12 Article 2 (3) of the International Covenant on Civil and Political Rights also requires the availability of adequate reparations to individuals whose rights have been violated.13 11. While it is not explicitly mentioned in the Convention on the Rights of the Child, the Committee on the Rights of the Child held that the right to an effective remedy is an implicit requirement of the Convention. The Committee affirmed that “States need to give particular attention to ensuring that there are effective, child-sensitive procedures available to children and their representatives. These should include the provision of child-sensitive information, advice, advocacy, including support for self-advocacy, and access to independent complaints procedures and to the courts with necessary legal and other assistance.”14 The Committee also stressed that in case of violations of rights, “there should be appropriate reparation, including compensation, and, where needed, measures to 11 12 13 14 Convention on Human Rights; European Convention for the Protection of Human Rights and Fundamental Freedoms; Charter of Fundamental Rights of the European Union; Arab Charter on Human Rights; African Charter on Human and Peoples’ Rights; and African Charter on the Rights and Welfare of the Child – also guarantee relevant human rights to ensure access to justice for children. Relevant international and regional non-binding standards include, inter alia, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice; the United Nations Rules for the Protection of Juveniles Deprived of their Liberty; the United Nations Guidelines on Justice in matters involving Child Victims and Witnesses of Crime; Standard Minimum Rules for the Treatment of Prisoners; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; United Nations Rules for the Treatment of Prisoners and Non-custodial Measures for Women Offenders; United Nations Standard Minimum Rules for Non-custodial Measures; Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters; Guidelines for the Alternative Care of Children; United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems; Guidelines of the Committee of Ministers of the Council of Europe on Child-Friendly Justice; Guidelines on Action for Children in the Justice System in Africa; Child Friendly Legal Aid in Africa. Article 2 of the International Covenant on Civil and Political Rights and article 4 of the Convention on the Rights of the Child; see also: Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, article I.2.b. Para. 15. Human Rights Committee, General Comment No. 31, para. 16. Convention on the Rights of the Child, General Comment No. 5, para. 24. 5

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