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.
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