A justice system that fails children ultimately also fails society, UN rights expert warns

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GENEVA (18 June 2015) – The treatment of children in judicial proceedings, both civil and criminal, is not satisfactory if not unacceptable, United Nations human rights expert Gabriela Knaul warned today during the presentation of her last report* to the UN Human Rights Council. 

“Every day throughout the world, countless children suffer adverse consequences at the hands of justice systems that disregard or even directly violate their fundamental human rights,” the UN Special Rapporteur on the independence of judges and lawyers noted. “Not only do children face the same obstacles as adults to access justice, but they also encounter challenges and barriers linked to their status of minors.”

“Children still count among the most vulnerable to human rights violations and other types of abuse,” Ms. Knaul said, calling on States to develop justice systems adapted to their needs and rights. “Justice must be child-sensitive; it needs to respect, protect and fulfil the rights of children and take into account their best interests.”

In her report, the expert emphasizes that the administration of justice, whether in criminal, civil or administrative processes, “must be guided at all times and in all matters concerning children by the fundamental principles of non-discrimination, the best interests of the child, the right to life and development, and the right to be heard.”

The Special Rapporteur called for adoption of alternative mechanisms to complement or replace judicial proceedings, in order to mitigate or avoid the trauma that can result when children go through the established process.

“Judges, prosecutors and lawyers can influence the future course of children’s lives,” the expert said. “To discharge such a great responsibility, it is essential that they receive specialized education and training in international human rights and in particular children’s rights.” 

(*) Check the Special Rapporteur’s report to the Human Rights Council:http://www.ohchr.org/EN/Issues/Judiciary/Pages/Annual.aspx

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