A/HRC/25/35
requires States to identify actively individual children and groups of children the
recognition and realization of whose rights may demand special measures, such as the
collection of disaggregated data and changes in legislation, administration and resource
allocation, as well as educational measures to change attitudes.56
53.
Some States have reported on specific measures to ensure access to justice for
certain groups of children. For instance, in Slovenia, children have the right to a refugee
counsellor, who provides support and legal aid to them. Ukraine provides a right to free
legal aid to children lacking parental care. The Greek General Secretariat for Youth is
currently implementing a project aiming at providing free legal assistance to socially
vulnerably groups of children and young people, such as underage offenders, victims of
domestic violence or trafficking in persons, drug users and unaccompanied minors.
However, some groups, such as children with disabilities, have not been specifically
addressed by most contributions of States.
V.
Conclusion and recommendations
54.
International and regional human rights norms and standards provide a
comprehensive framework for ensuring access to justice for children, which is an
essential prerequisite for the protection and promotion of all other human rights of
children. However, due to their special and dependent status, children are still faced
with a number of serious challenges in accessing justice. States should thus revise their
laws, policies and procedures to ensure better compliance with international norms
and standards, in particular the Convention on the Rights of the Child, and its
Optional Protocols. The legislation should decriminalize status offences and survival
behavior and include legal safeguards to protect the child’s best interests and
protection from discrimination; the child’s right to freedom from violence and to free
and safe participation in proceedings throughout the justice process, as well as the
right to legal and other relevant assistance; and the right to a swift consideration of
cases concerning children.
55.
Independent, safe, effective, easily accessible and child-sensitive complaint and
reporting mechanisms should be established by law in compliance with international
human rights norms and standards, in particular the Convention on the Rights of the
Child. Where such mechanisms already exist, States should secure their availability
and accessibility for all children, including children deprived of their liberty, without
discrimination of any kind. In addition, States should ensure that complaint and
reporting mechanisms act in an effective and child-sensitive manner and pursue the
best interests of the child at all times.
56.
Being aware of, and having access to, information about their rights and how to
obtain a remedy is another key element of ensuring access to justice for children.
Information should be age-appropriate and adapted to the needs of children. It should
be presented in ways that children accept and understand. In addition, information
should be made available to parents and other persons acting as legal representatives
of children.
57.
States should develop and strengthen multi-disciplinary capacity-building and
training initiatives to ensure that all persons working with, and for, children have the
necessary knowledge and skills relating to children’s rights and needs. Children’s
access to justice often faces significant barriers at the community level, where children
56
16
Convention on the Rights of the Child, General Comment No. 5, para. 12.
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