A/HRC/21/25
6.
Establishing safe and effective child-sensitive complaints and
counselling mechanisms
83.
States are urged to review relevant legislation and policies to establish safe,
effective, child-sensitive counselling, reporting and complaints mechanisms to address
incidents of violence. These mechanisms should integrate a gender, cultural and
disability dimension and be provided in child-friendly language. Most importantly,
these mechanisms need to provide opportunities for appeal from decisions made about
complaints, and sanctions for grievous breaches of the law or policy, including
criminal, civil and employment law sanctions; as well as measures to protect children
from possible reprisals arising from the submission of complaints. Ombudspersons or
human rights or children’s rights commissions play a critical role in the consideration
of violence-related complaints.
7.
Establishing child and gender-sensitive institutions and
procedures
84.
States are urged to review law, policy and procedures relating to law
enforcement activities, police investigation and trial procedures in order to ensure a
legal framework that effectively prevents and addresses violence. Law enforcement
officials in particular have a vital role to play in preventing child delinquency and
children coming into contact with the criminal justice system.
85.
Contact between law enforcement agencies and children must be managed in
such a way as to respect the legal status of the child, promote his or her well-being and
avoid causing physical and mental harm to him or her. To achieve such purpose,
States should establish specialization within the police and provide for specialized
training for all officials involved in the administration of juvenile justice.
86.
Police interviews with children must be conducted in the presence of a parent
or guardian, or responsible adult, and with a legal representative. Furthermore there
should be procedural rules for the searching of children with respect to their privacy
and dignity. In particular, special attention must be given to the vulnerability of girls
in this context.
87.
States should establish child-friendly courts and procedures which should
include the prohibition of referral to adult courts, use of hostile cross-examination
techniques, and the publication of any information that may identify the child.
8.
Safeguarding the right of all children within the juvenile justice
system to have access to legal assistance throughout the process
88.
States are urged to review law, policy and practical measures to ensure
children’s right to legal representation and access to State-funded legal aid in
accordance with pre-determined rules. Legal aid providers representing children
should be specially trained and their performance regularly appraised to ensure their
suitability to work with children. Likewise, legal aid representatives working with
children should work in close cooperation with other professionals such as social
workers and diversion service providers.
17
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