A/HRC/16/56
of an independent office, such as an ombudsman, to receive and investigate complaints
made by juveniles deprived of their liberty and to assist in the achievement of settlements.28
40.
Some countries have established specialized administrative procedures for children
in specific contexts. In Slovenia, there is a procedure to investigate complaints regarding
treatment of children by the police.29 The Costa Rican Children’s and Adolescents’ Code
recognizes the right of students to make complaints of physical, sexual or emotional abuse
in schools.30According to the UNICEF survey, complaints procedures are available for law
enforcement agencies, and also for the child welfare and school systems.
(c)
Are complaints procedures child-sensitive?
41.
Many norms and recommendations have been adopted on the sensitivity of
proceedings concerning children affected by violence. They often focus on investigations
and legal proceedings, although less on the receipt and handling of complaints, which are a
critical initial stage of a legal or administrative process. In this regard, some principles
should be respected:
(a)
The right of the child to respect for his or her dignity at all times;
(b)
The child’s right to privacy and to participation in meetings or interviews in a
secure and reassuring environment;31
(c)
The best interests of the child as a primary concern;
(d)
The child’s right to protection from discrimination and to be treated in
accordance with the principle of equality;
(e)
Respect for the child’s views in addressing the complaint;
(f)
The child’s right to be promptly provided with necessary information in an
accessible language, including possible options and consequences of the complaint,
procedures involved, and available protective measures and support services;
(g)
Provision of appropriate professional or paraprofessional support to the child,
including in overcoming the adverse physical, psychological and social consequences of the
incident addressed by the complaint;32
(h)
Decisions should be as expeditious as possible.33
42.
Important community-based mechanisms have been established to address situations
of violence against children, and to support women and children in their efforts to gain
access to justice. The Paralegal Committees in Nepal work to prevent and address violence,
including abuse and exploitation, and discrimination suffered by women and children. They
promote awareness-raising activities, early detection and prevention, and case facilitation
and reconciliation, as well as monitoring and reporting. They act as watch groups and as a
28
29
30
31
32
33
Ibid., para. 77.
Second periodic report of Slovenia (CRC/C/70/Add.19), para. 23.
Arts. 66 (a), 67 and 68; see also the Ecuadorian Children’s and Adolescents’ Code, art. 41, in “The
right of children”, p. 33.
Economic and Social Council resolution 2005/20, paras. 10-13 and 16.
See for example the Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, art. 8, para. 1 (d), and Economic and Social
Council resolution 2005/20, paras. 16 and 22.
See for example the Optional Protocol on the sale of children, child prostitution and child
pornography, art. 8, para. 1 (g), and Economic and Social Council resolution 2005/20, para. 30 (c).
11
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