A/HRC/27/25
informed. It was important to understand local realities, and programmes had to be shaped
by those who used them. The challenge ahead for the international community was to
mobilize and take practical measures to ensure that children were able to realize their rights
and fulfil their true potential, recognizing that access to justice should be tailored to local
needs, context-based and responsive to children’s needs.
28.
Ms. Bhandari stated that there were 23,000 paralegal members in Nepal, all of them
women, all of them volunteers. These women were trained to support children’s access to
justice by detecting incidents of violence and abuse against children, and offering early
intervention. It was important to protect children both physically and mentally, and to
prevent stigmatization and ostracism. This was done by mobilizing both professional and
social support, organizing medical treatment, counsellors and legal aid, as well as helping
friends and family to provide comfort and support. Paralegals acted as a bridge between the
community and the justice system, and offered impartial and non-partisan assistance. They
worked at the grass-roots level to educate citizens about children’s rights and access to
justice. Ms. Bhandari urged the international community to encourage national
Governments to scale up initiatives to ensure children’s access to justice, especially at the
community level, as this was where support was needed most.
29.
Mr. Roy stated that children deprived of their liberty were at a high risk of having
their rights violated. Children in care and justice institutions were at a higher risk of
violence than almost all other children, and in such settings often had little recourse to
justice or effective avenues for registering complaints. Special attention therefore had to be
paid to the additional challenges faced in access to justice by those deprived of their liberty.
This included access to legal aid, the creation of independent and specialized
ombudspersons, and a safe, accessible and child-friendly complaints mechanism.
Accessibility required that children be informed of the existence of and process for using
complaints mechanisms, and providing children with assistance and legal aid to submit
complaints. A safe complaints procedure required confidentiality when complaints were
filed, and throughout the procedure. An effective procedure had to deal with complaints
without delay, and keep children informed of the process. Every complaint had to trigger an
investigation, and children had to have access to complaints mechanisms without fear of
stigmatization, harassment or reprisal.
30.
Mr. Bengaly stated that the upsurge of violence in Mali had increased abuse and
violations of the rights of children; in particular, the use of children in armed conflict had
led to the arrest of many juveniles. Children had had to adopt survival strategies to protect
themselves, which often put them in conflict with the law. Access to justice for such
children was difficult, particularly given the complex nature of the judicial system. There
were no juvenile courts outside the capital, and procedures moved slowly. Sociocultural
obstacles persisted; once in conflict with the law, children could be abandoned because of
the shame felt by their family, and bear a stigma within the community once released from
prison. Those factors made it difficult for children to turn to the courts, so it had become
only a last resort, when other means had been exhausted. In a post-crisis country, Mr.
Bengaly advocated for the promotion of restorative justice to increase the possibility of
assisting children in conflict with the law.
31.
Ms. Derain stated that, very often, children were excluded from the justice system
because it was impossible for them to know their rights or to realize them themselves. The
task of the ombudsman was to ensure the best interests and rights of the child as enshrined
in the law and international treaties ratified or approved by France. The children’s
ombudsman could be an alternative means of conflict settlement, particularly suited to
vulnerable children. It could be an alternative to the courts, and had many powers,
including investigation to make it possible to present all relevant information for the court,
as well as conducting hearings. It also had the ability to propose legislative reform and to
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