Concept Summary  

The Committee on the Rights of the Child has decided to dedicate its 27th General Comment to Children’s Rights to Access to Justice and Effective Remedies. Access to justice has an important role to play in combating inequalities, challenging discriminatory practices and restoring entitlements that have been denied. It also advances accountability of State and private actors in the fulfilment of their obligations. A vast majority of children whose rights are violated do not have access to justice and do not receive remedies following violations of their rights or denial of entitlements. Children’s dependent status, their lack of knowledge about their rights and the capacity to claim them as well as the lack of accessible and effective complaints mechanisms at the local level are immediate barriers. If children do turn to the courts, the fact that legal processes are rarely child-friendly, in addition to the barriers to attaining legal standing in many States, as well as economic, social and cultural factors, create further impediments for children in pursuing remedies for breaches of their rights.  Access to justice and to effective remedies are essential for the protection, promotion and fulfilment of all human rights. The Committee has affirmed that the right to a remedy is implicit in the Convention on the Rights of the Child, while this right is explicitly referred to in the other six major international human rights treaties. Access to justice is also an integral part of the Sustainable Development Goals (16.3).  

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Objectives 

• The objective of the session will be to gather views and stimulate a discussion among participants to feed in the process of drafting the new General Comment on Access to Justice and Remedies by the Committee on the Rights of the Child.  

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Questions 

Legal and policy framework 

• Is the right of children to adequate, effective, prompt and appropriate remedies provided by law? Are some children excluded from this provision?  

• Does the law provide for, or recognize, non-judicial remedy mechanisms? Are these mechanisms directly accessible to children?  

• Is the right for children to take legal action on their own behalf provided by law? through a parent or guardian? through a chosen or appointed legal representative?  

• Is the right of children to be heard in all proceedings which affect them, if they so desire, in a manner adapted to their age, maturity and best interests provided by law, whether judicial or administrative proceedings, or any other type of remedy provided for by legislation?  

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Budgeting

• Are human and financial resources allocated to children’s access to justice sufficient? Is children’s access to justice considered in the national budget?  

• Are children generally included in the overall national investments in access to justice and rule of law?  

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Monitoring and oversight  

• Is data on children’s access to justice and effective remedies available and disaggregated? Please share.  

• How does the State monitor children’s access to justice and right to remedy?  

• Does the State provide effective oversight of informal justice systems where they exist?  

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Services and programmes   

• Please describe the services and programmes providing information, advice and legal, social or paralegal assistance to children seeking a remedy (socio-legal defense centers, legal clinics, ‘barefoot lawyers’, community paralegal groups, etc.)  

• Please describe child rights education programmes in the country, including in schools, and whether the teaching includes information on the right to remedy.  

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Format/Methodology 

• Presentation of the Concept note on General Comment 27 by UNICEF and moderation of discussion for inputs by the partecipants 

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Speakers