A/71/206
perpetrators accountable leads to the perpetuation of violence and a deep sense of
impunity. 16
102. In such situations, children face serious difficulties in obtaining prompt and
unhindered access to effective remedies to redress human rights violations that may
have occurred, including with a view to securing their protection, enabling the
investigation of wrongdoing and the punishment of those found responsible, and
benefiting from rehabilitation and reparation actions. This is aggravated by
children’s fear of harassment, reprisal and stigmatization for speaking out about
incidents of violence. 17
103. To address these concerns, urgent measures are needed. First, it is crucial to
empower children with easily understandable, age-sensitive and culturally
appropriate information about their rights and relevant procedures to enable them to
exercise their right to be heard and to benefit from effective remedies and services
for their protection, recovery and reintegration. Moreover, it is indispensable to
establish safe, child- and gender-sensitive counselling, complaints and reporting
mechanisms to which children can easily gain access to address any incidents of
violence or other grievances.
104. Second, strong accountability mechanisms need to be put in place to safeguard
children’s rights in places of detention, through rigorous oversight, inspection and
independent monitoring by competent authorities and institutions to prevent and
respond to incidents of violence and to fight impunity.
B.
Significant developments in Latin America
105. Following the ratification of the Convention on the Rights of the Child,
comprehensive national legal reforms have been promoted in the field of juvenile
justice. Despite these reforms, regional organizations and nationa l and international
human rights institutions have documented serious violations of children’s rights.
These include police violence, a widespread and disproportionate use of deprivation
of liberty, both as a cautionary measure and as a sanction, overcrowd ing and
unpunished cruel, inhumane and degrading treatment. Furthermore, there are
insufficient resources and institutional capacities for the use of restorative justice
and of non-custodial programmes to promote children’s social reintegration, and
mechanisms for the monitoring and oversight of the rights of children deprived of
liberty need reinforcement to overcome impunity for incidents of violence against
children.
106. Several countries are steadily increasing efforts to address these serious
challenges and to establish effective monitoring systems for places of detention to
prevent abuses, investigate incidents and assess conditions of detention and
children’s views and experiences.
107. Complementing existing penitentiary systems of inspection and monitoring,
significant autonomous institutions have been set up, within or outside the
__________________
16
17
20/23
Paulo Sérgio Pinheiro, World Report on Violence against Children (Geneva, 2006), p. 182.
Najat Maalla M’jid and Marta Santos Pais, “Safe and child-sensitive counselling, complaint and
reporting mechanisms to address violence against children”, joint report of the Special
Representative of the Secretary-General on Violence against Children and the Special Rapporteur
on the sale of children, child prostitution and child pornography (New York, 2012), p. 5.
16-12906
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