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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