A/HRC/16/56
30.
Although in some countries the right to counselling is formally recognized, the
services available are scarce and largely provided by voluntary agencies. Informal estimates
indicate that less than 25 per cent of children in need of counselling services receive them.
31.
Ensuring that all children, including those who have experienced violence, have
access to child-sensitive and effective counselling is a daunting, long-term challenge. This
neglected area should be strengthened, including through the promotion of sensitization and
social-mobilization campaigns, the adoption of relevant legal, educational, and social
measures, the training of relevant professionals, and the support of mental health services
for children and adolescents. The empowerment and involvement of young people in the
design and evaluation of these actions remains critical for their effectiveness.
2.
Complaints mechanisms
32.
At the national level, different bodies receive complaints from children whose rights
may have been violated. They include judicial and administrative authorities, and national
independent human rights institutions, including ombudspersons for children.
33.
Complaints mechanisms serve various purposes, including ensuring the protection of
victims and the prevention of renewed acts of violence. Some mechanisms are designed to
impose criminal sanctions on the offender. Others, including within school, social-welfare,
law-enforcement and correctional systems, impose administrative responsibility in order to
deter future acts of violence, or are designed to compensate the victim for damages
suffered. Providing the victim with assistance is not the main purpose of complaint
mechanisms, although it may be part of the response to complaints.
34.
The concept of “complaint” implies that the body competent to receive it has legal
powers to take appropriate action. In this sense, complaints are not addressed to civil
society organizations, although these organizations may offer advice or assist in bringing
complaints forward to the competent authorities. The contribution of civil society to making
complaints mechanisms known, accessible, effective and child-friendly cannot be
underestimated.
(a)
The right of children to lodge complaints
35.
In some counties, legislation recognizes a broad general right of children to lodge
complaints before public authorities. The effectiveness of such legislation is closely
associated with children’s access to information on their right to access justice and to
complain before a judicial or non-judicial mechanism. The Costa Rican Children’s and
Adolescents’ Code, for example, provides that: “Persons under the age of majority shall
have the right to seek shelter, help and advice when a threat to their rights entails a serious
risk to their physical or spiritual health; and to receive timely assistance and protection
from the competent authorities.”15The Paraguayan Children’s and Adolescents’ Code
recognizes the right of children to personally request any public body or official to take
action that is within their mandate or competence, and to receive a timely reply.16 In
Romania, Law No. 272/2004 on the protection and promotion of the rights of the child
recognizes the child’s right to personally make complaints regarding violations of his or her
fundamental rights.17In Spain, the law recognizes children’s right to receive from the public
authorities adequate assistance in guaranteeing respect for their rights, including the right to
15
16
17
Law No. 7739, art. 19, in Daniel O’Donnell, “The right of children to be heard: children’s right to
have their views taken into account and to participate in legal and administrative proceedings”,
Innocenti Working Paper (Florence, Innocenti Research Centre, 2009), p. 28.
Law No. 1.680 of 2001, art. 26, in Donnell, “The right of children”, p. 28.
Art. 29, para. 1, in “The right of children”, p. 27.
9
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