A/HRC/25/35 nevertheless essential for ensuring that children are able to take action to protect their rights. The Basic Principles on the Role of Lawyers establish that all persons should have effective and equal access to lawyers, and call on Governments to “ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons”.48 In South Africa, for instance, the child’s right to legal assistance at State expense in civil matters is guaranteed in its Constitution. In many States, however, free legal aid is provided only for specific cases and parents are often viewed as the natural representatives for children. Statutory limitations 44. Limitation periods can pose a problem for children in accessing justice since they may not be able to challenge violations of their rights until they have reached majority. The 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 require that statutes of limitations should not apply to gross violations of international human rights law and should not be unduly restrictive for other types of violations.49 In the context of violations of children’s rights, this includes that the time period should not begin running until the child has reached majority, or even later. 45. Austria reported that its statutory period of limitation for certain offences against children was extended. According to the second Violence Protection Act, the time from the day the offence was committed to when the victim has reached the age of 28 shall no longer be included in calculating the period of limitation. Similarly, in the context of a civil claim to defend their property rights against an insurance company, which had become timebarred when the applicants reached majority, the European Court of Human Rights found that the strict application of a statutory limitation period, without taking into account the particular circumstances of the case, had prevented the applicants from using a remedy that in principle was available to them.50 D. Participation in proceedings The right to be heard 46. The right to access to justice also requires that children be able to participate in an effective and meaningful way in all matters affecting them, including criminal, civil and administrative proceedings. Wherever possible, children should be heard directly. Children must not only be provided the possibility to express their views and to be heard, States must also ensure that their views are given due consideration and that children are not subjected to undue pressure or manipulation.51 47. As emphasized by the Committee on the Rights of the Child, article 12 of the Convention on the Rights of the Child manifests that children are subject of rights. They hold rights which have an influence on their life, and not only rights derived from their vulnerability or dependency on adults.52 In this respect, the Committee on the Rights of the Child also clarified that article 12 imposes no age limit and confirmed that children are able 48 49 50 51 52 14 United Nations Basic Principles on the Role of Lawyers, paras. 2 and 3; see also Principles and Guidelines on the Rights to a Fair Trial and Legal Assistance in Africa, guideline H. Paras. 6–7. European Court of Human Rights, Stagno v. Belgium, Application No. 1062/07, Judgment of 7 July 2009, para. 33. Convention on the Rights of the Child, General Comment No. 12, para. 34. Ibid., paras. 18, 21.

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