WUNRN
UN SPECIAL RAPPORTEUR ON THE INDEPENDENCE OF JUDGES & LAWYERS TO THE UN 2015
PROTECTING CHILDREN’S RIGHTS IN THE JUSTICE SYSTEM – GIRLS
Direct Link to Full 21-Page 2015 Report: A_HRC_29_26_ENG – File will open
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United Nations |
A/HRC/29/26 |
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General Assembly |
Distr.: General 1
April 2015 Original:
English |
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Human Rights Council
Twenty-ninth session
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of Special Rapporteur on Independence of Judges and Lawyers, Gabriela Knaul
Summary |
In the present report, the
Special Rapporteur on the independence of judges and lawyers examines the
protection of children’s rights in the justice system and analyses the
essential role that must be played by judges, prosecutors and lawyers in
upholding children’s human rights and applying international human rights
norms, standards and principles at the domestic level. The Special Rapporteur
endeavoured to go beyond the more limited notion of juvenile justice, so as
to reflect the diverse experiences of children when they encounter the
justice system as victims or witnesses, because they are in conflict with the
law, or as parties to judicial proceedings. |
Following a brief outline of the activities carried out by the Special
Rapporteur in 2014-2015, the thematic section of the report consists of five
parts. The first sets the legal framework and fundamental principles upon
which the Special Rapporteur’s analysis of the requirements for a
child-sensitive administration of justice is based. The second part discusses
access to justice and legal aid from the perspective of children. The
safeguards necessary to respect, protect and fulfil children’s rights at the
different stages of judicial proceedings, including sentencing, are addressed
in the third part. The fourth part touches on the importance of providing
children with alternatives to judicial proceedings. In the last part, the
Special Rapporteur draws attention to the essential need for quality and
specialized education, training and capacity-building for judges, prosecutors
and lawyers. Sections IV and V contain conclusions and a number of
recommendations. |
The Special Rapporteur concludes
that investing in child-sensitive justice is indispensable to strengthening
the rule of law and the enjoyment of human rights by all, as well as to
building flourishing democratic societies. In all the aspects of the justice system,
children have special rights, needs and interests that must be given primary
consideration. |
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Contents
Paragraphs Page
I.
Introduction.........................................................................................................
1–4
3
II. Activities in 2014 and 2015................................................................................... 5–17 3
A. Country visits and communications with Member States................................ 5–7 3
B. Other activities............................................................................................ 8–17 4
III. Protecting children’s rights in the justice system................................................ 18–89 5
A. International legal framework and fundamental principles.......................... 18–27 5
B. Children’s access to justice and legal aid..................................................... 28–49 7
1. Access to justice for children............................................................... 28–34 7
2. Child-friendly legal aid......................................................................... 35–44 8
3. Informal justice systems..................................................................... 45–49 9
C. Child-sensitive adjudication....................................................................... 50–77 10
1. Children in conflict with the law........................................................... 54–60 11
2. Children’s participation as victims and witnesses................................. 61–66 12
3. Deprivation of liberty and other types of sanctions.............................. 67–73 14
4. Criminal sanctions against parents....................................................... 74–77 15
D. Alternatives to judicial proceedings............................................................ 78–84 16
E. Education, training and capacity-building of judges, prosecutors and lawyers 86–90 17
IV.
Conclusions......................................................................................................
91–94 18
V.
Recommendations..........................................................................................
95–114 19