A/HRC/25/35
I. Introduction
1.
The Human Rights Council, in its resolution 22/32 on the right of the child to the
enjoyment of the highest attainable standard of health, decided to focus its next full-day
meeting on the theme of “access to justice for children”, and invited the Office of the High
Commissioner for Human Rights to prepare a report on that issue, and to present it to the
Council at its twenty-fifth session, to inform the annual day of discussion on children’s
rights.
2.
The Council requested relevant stakeholders, including States, the United Nations
Children’s Fund, other relevant United Nations bodies and agencies, relevant special
procedures mandate holders and the Special Representative of the Secretary-General on
Violence against Children, regional organizations and human rights bodies, civil society,
national human rights institutions and children themselves, to provide input for the report.1
A.
Access to justice for children
3.
Access to justice is a fundamental right in itself and an essential prerequisite for the
protection and promotion of all other human rights. In the Declaration of the High-level
Meeting of the General Assembly on the Rule of Law at the National and International
Levels, adopted in September 2012, Member States of the United Nations reaffirmed the
right of equal access to justice for all, including members of vulnerable groups and
“recognized the importance of the rule of law for the protection of the rights of the child,
including legal protection from discrimination, violence, abuse and exploitation, ensuring
the best interests of the child in all actions, and recommit to the full implementation of the
rights of the child”.2
4.
For the purpose of the present report, access to justice refers to the ability to obtain a
just and timely remedy for violations of rights as put forth in national and international
norms and standards, including the Convention on the Rights of the Child.3 It applies to
civil, administrative and criminal spheres of national jurisdictions, including customary and
religious justice mechanisms, international jurisdictions, as well as alternative and
restorative dispute resolution mechanisms, and covers all relevant judicial proceedings,
affecting children4 without limitation, including children alleged as, accused of, or
1
2
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The following States submitted information: Albania, Armenia, Australia, Austria, Azerbaijan,
Bahrain, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Cambodia, Colombia,
Denmark, Estonia, Finland, Georgia, Germany, Greece, Ireland, Japan, Kuwait, Lithuania, Mexico,
Morocco, Norway, Oman, the Russian Federation, Sierra Leone, Slovenia, Spain, Syrian Arab
Republic, Qatar, Ukraine and Uzbekistan. The report was also informed by contributions of five
international and regional organizations, the Inter-Agency Panel on Juvenile Justice, two special
procedures mandate holders, five National Human Rights Institutions, the European Network of
Ombudspersons for Children, and 34 non-governmental organizations and other civil society actors.
In addition, children were asked to provide their views on accessing justice in a survey that was
conducted by Child Rights Connect during the summer of 2013. In total, 310 children between 11 and
17 from 24 countries participated in the survey. Only a selection of the wealth of experiences and
initiatives on which information was received is outlined in this report.
General Assembly Resolution 67/1, paras. 14 and 17.
UN Common Approach to Justice for Children, p. 4.
The Convention on the Rights of the Child defines a child as “every human being below the age
of eighteen years unless under the law applicable to the child, majority is attained earlier” (article 1).
3
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