A/HRC/25/35
22.
A number of States provided information on initiatives to ensure child-sensitive
justice systems. Denmark, for instance, reported that it strengthened the advocacy function
of its National Council for Children in 2012. The Council, inter alia, advises the
Government and Parliament about areas in legislation or administrative practices where the
rights of the child are not taken into account. Spain informed about its comprehensive
national strategy to prioritize the implementation of children’s rights in the political agenda.
Moreover, several States referred to comprehensive reforms of their juvenile justice
systems to ensure that it takes into account the needs of children and complies with the
rights of children involved with the criminal justice system, including through ensuring the
full participation of children in proceedings.
Existence of child-sensitive alternative mechanisms to solve disputes and seek redress
23.
Apart from judicial and administrative authorities, alternative mechanisms exist in
some States. Article 40 of the Convention on the Rights of the Child requires States to
develop and use effective alternative mechanisms to formal criminal proceedings that
respect human rights and procedural safeguards and are child- and gender-sensitive. These
alternatives include diversion, restorative justice processes,30 mediation and communitybased programmes, including treatment programmes for children with substance abuse
problems.31 Georgia, for instance, reported on extensive diversion and mediation
programmes for child offenders, including a programme called “my senior friend” which
brings together child offenders with adults who have successfully undergone such a
programme.
24.
States have also developed child-sensitive alternative models for civil and
administrative procedures. For instance, in Australia, Family Relationship Centres and
other family dispute resolution services provide a child-inclusive practice as part of the
family dispute resolution process. In Finland, a child-sensitive alternative dispute resolution
and mediation mechanism has been established in district courts for disputes on child
custody and visiting rights.
25.
The Committee on the Rights of the Child has urged States to establish National
Independent Human Rights Institutions and ombudspersons for children with the authority
to receive individual complaints submitted by or on behalf of children, carry out
investigations, and secure effective remedies for breaches of children’s rights.32 The joint
report by the Special Representative of the Secretary-General on Violence against Children
and the Special Rapporteur on the Sale of Children on Safe and child-sensitive counselling,
complaint and reporting mechanisms to address violence against children found that
compared to the judicial system, Independent Human Rights Institutions for Children are
generally more accessible as their complaint system is free of charge, less formal and
simpler to use, and does not require the involvement of a lawyer. They are also crucial to
disseminate information and raise awareness of children’s rights to empower children and
support efforts to access justice. However, they require adequate resources, institutional
cooperation with other actors and independence in the performance of their mandate in
order to be effective. Their effectiveness is also dependent on the level of trust they
generate among young people.33
30
31
32
33
In this regard, see also the report by the Special Representative of the Secretary-General on Violence
against Children, Promoting Restorative Justice for Children, 2013.
Convention on the Rights of the Child, General Comment No. 10.
Convention on the Rights of the Child, General Comment No. 2, para. 13.
Safe and child-sensitive counselling, p. 19-20.
9
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