A/HRC/25/35
rights to relevant information, an effective remedy, a fair trial, to be heard, as well as to
enjoy these rights without discrimination. In addition, the responsibility of States Parties to
realize the rights of all children requires structural and proactive interventions to enable
access to justice.
9.
The International Covenant on Civil and Political Rights and the Convention on the
Rights of the Child are of particular relevance. Under both instruments, States are required
to ensure that their domestic legal framework is consistent with the rights and obligations
provided, including the adoption of appropriate and effective legislative and administrative
procedures and other appropriate measures that provide fair, effective and prompt access to
justice.11
10.
Article 2(3) of the International Covenant on Civil and Political Rights provides for
the right to an effective remedy. In its General Comment No. 31 on the Nature of the
General Legal Obligation Imposed on States Parties to the Covenant, the Human Rights
Committee emphasized that “in addition to effective protection of Covenant rights, States
Parties must ensure that individuals also have accessible and effective remedies to vindicate
those rights. Such remedies should be appropriately adapted so as to take account of the
special vulnerability of certain categories of person, including in particular children.”12
Article 2 (3) of the International Covenant on Civil and Political Rights also requires the
availability of adequate reparations to individuals whose rights have been violated.13
11.
While it is not explicitly mentioned in the Convention on the Rights of the Child, the
Committee on the Rights of the Child held that the right to an effective remedy is an
implicit requirement of the Convention. The Committee affirmed that “States need to give
particular attention to ensuring that there are effective, child-sensitive procedures available
to children and their representatives. These should include the provision of child-sensitive
information, advice, advocacy, including support for self-advocacy, and access to
independent complaints procedures and to the courts with necessary legal and other
assistance.”14 The Committee also stressed that in case of violations of rights, “there should
be appropriate reparation, including compensation, and, where needed, measures to
11
12
13
14
Convention on Human Rights; European Convention for the Protection of Human Rights and
Fundamental Freedoms; Charter of Fundamental Rights of the European Union; Arab Charter on
Human Rights; African Charter on Human and Peoples’ Rights; and African Charter on the Rights
and Welfare of the Child – also guarantee relevant human rights to ensure access to justice for
children. Relevant international and regional non-binding standards include, inter alia, the United
Nations Standard Minimum Rules for the Administration of Juvenile Justice; the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty; the United Nations Guidelines on
Justice in matters involving Child Victims and Witnesses of Crime; Standard Minimum Rules for the
Treatment of Prisoners; Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment; United Nations Rules for the Treatment of Prisoners and Non-custodial
Measures for Women Offenders; United Nations Standard Minimum Rules for Non-custodial
Measures; Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters;
Guidelines for the Alternative Care of Children; United Nations Principles and Guidelines on Access
to Legal Aid in Criminal Justice Systems; Guidelines of the Committee of Ministers of the Council of
Europe on Child-Friendly Justice; Guidelines on Action for Children in the Justice System in Africa;
Child Friendly Legal Aid in Africa.
Article 2 of the International Covenant on Civil and Political Rights and article 4 of the Convention
on the Rights of the Child; see also: 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, article I.2.b.
Para. 15.
Human Rights Committee, General Comment No. 31, para. 16.
Convention on the Rights of the Child, General Comment No. 5, para. 24.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents