A/HRC/25/35 to form views from the youngest age, even when they may be unable to express them verbally. The Committee, furthermore, established that all processes in which children are heard and participate must be transparent and informative, voluntary, respectful, relevant, child-sensitive, supported by training, safe and sensitive to risk and accountable.53 48. The right to be heard has also been emphasized by many States as an important element of access to justice for children. For instance, Belgium reported that its Constitution recognizes children’s right to be heard on any question which concerns them. Their opinion must be taken into account in accordance with the child’s age and discernment. According to the Norwegian Child Welfare Act, a child who has reached 7 years of age, and younger children who are capable of forming their own opinions, shall receive information and be given an opportunity to state their opinion before a decision is made in cases concerning them. Treatment of children during proceedings 49. The hearing of a child is a difficult process and can even be traumatic, in particular for child victims of sexual crimes. Therefore, article 12 of the Convention on the Rights of the Child requires States to ensure a safe, child-sensitive environment in which the child feels respected, as well as conditions that take into account a child’s individual situation.54 During proceedings, the privacy and confidentiality of children must be protected and their safety ensured. 50. Many States have reported on a wide variety of special protection measures for hearings and questioning of children, as well as interrogation of children. Measures taken include (a) the establishment of child-sensitive premises for the hearing of a child; (b) the conduct of hearings solely in the presence of a parent, guardian or any other person who takes care of the child, except where this does not correspond to the child’s interest, or other specially trained professionals, such as psychological experts; (c) measures to ensure privacy for children, such as the restriction of public access to courts and the prohibition to disclose certain information; (d) audio-visual recording of the interview of the child and questioning outside the courtroom, as well as one-stop shops which bring together services under one roof to collect forensic evidence, provide legal advice, health care and other support. These measures are taken to prevent re-victimization of the child, to gather necessary evidence, to support healing and reintegration, and to prevent impunity. 51. In order to ensure that children can effectively participate throughout the whole process, it is also important that decisions are explained to children in a way that they can understand. As emphasized by the Committee on the Rights of the Child, information and feedback about the weight given to their views should be made available to them.55 E. Measures to ensure access to justice for children at special risk 52. The right to equality and the prohibition of discrimination obliges States to eradicate discriminatory laws, policies and practices, and to take affirmative measures to ensure that all individuals, including children, are entitled to equal access to judicial and adjudicatory mechanisms without distinction of any kind. In addition, States are required to ensure that all parties in judicial or legal proceedings are treated without any discrimination. The Committee on the Rights of the Child emphasized that the non-discrimination obligation 53 54 55 Ibid., para. 134. Ibid., paras. 23–24, 34. Ibid., para. 45. 15

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