A/HRC/25/35 promote physical and psychological recovery, rehabilitation and reintegration, as required by article 39 [of the Convention]”.15 The United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime further specify that procedures for obtaining and enforcing reparation should be readily accessible and child-sensitive.16 12. While all the fair trial guarantees provided in the International Covenant on Civil and Political Rights are equally applicable to children, the Convention on the Rights of the Child additionally provides a list of fundamental safeguards to ensure fair treatment of children, including the rights to information,17 expeditious decisions,18 prompt access to legal assistance and to prompt decisions by the court.19 Article 12 of the Convention on the Rights of the Child, which establishes the child’s right to be heard and taken seriously, is of particular importance. Paragraph 1 assures, to every child capable of forming his or her own views, the right to express those views freely in all matters affecting the child. It requires that the views of the child be given due weight in accordance with their age and maturity. In addition, paragraph 2 establishes that children shall be provided the right to be heard in any judicial or administrative proceedings affecting them, either directly, or through a representative or an appropriate body. The Committee on the Rights of the Child recognized article 12 as one of the four fundamental principles of the Convention on the Rights of the Child, the others being the right to non-discrimination, the right to life and development, and the primary consideration of the child’s best interests, which frame children’s access to justice and should be considered in the interpretation and implementation of all other rights.20 III. Barriers to children’s access to justice 13. In spite of the comprehensive legal framework ensuring and protecting children’s rights and due to their special and dependent status, access to justice remains a tremendous challenge for children.21 There are several reasons for this situation. 14. The complexity of justice systems makes them difficult to understand for children. Children are often unaware of their rights and the existence of services, lacking information about where to go and whom to call to benefit from advice and assistance.22 Moreover, legislation and procedures concerning the treatment and participation of children in proceedings, including criminal, administrative and civil proceedings, are often not adapted to children’s rights and needs or may even be discriminatory towards children based on their age and gender. States have also highlighted that specialized judges, prosecutors, lawyers and other personnel working with children, as well as sufficient resources to provide specialized training, are frequently lacking. 15 16 17 18 19 20 21 22 6 Ibid. Para. 35; children may, for instance, need protection in addition to financial redress for violations of their right; see European Court of Human Rights, Case of K.U. v. Finland (Application No. 2872/02), Judgment of 2 December 2008, para. 47. Art. 17. Art. 10. Art. 37(d). Convention on the Rights of the Child, General Comment No. 12, para. 2. Convention on the Rights of the Child, General Comment No. 5, para. 24. Joint report of the Special Representative of the Secretary-General on Violence against Children and the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, Safe and child-sensitive counselling, complaint and reporting mechanisms to address violence against children, 2012, p. 6.