A/HRC/RES/25/6
5.
Recognizes that certain children may face additional barriers in their access to
justice and reaffirms the duty of States to respect and ensure an effective remedy and access
to justice for each child within their jurisdiction without discrimination of any kind,
irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex,
language, religion, political or other opinion, national, ethnic or social origin, property,
disability, birth or other status, and to this end calls upon States:
(a)
To address additional barriers to access to justice that may exist for children
belonging to particularly vulnerable groups, including, but not limited to, children placed in
institutional settings or in alternative care, children deprived of their liberty, children with
disabilities, children living in poverty, children living in the streets, children belonging to
national or ethnic, religious and linguistic minorities, indigenous children, asylum-seeking,
refugee and migrant children, including unaccompanied and separated migrant children,
stateless children, children affected by HIV/AIDS, children involved in or affected by
armed conflict or other violence, child victims of sale and sexual exploitation or child, early
and forced marriage, children in the worst forms of child labour, children without parental
care and children of parents alleged as, accused of or convicted of having infringed penal
law;
(b)
To take into account the specific needs of girls;
6.
Reaffirms that, in all actions concerning children, whether undertaken by
public or private social welfare institutions, courts of law, administrative authorities or
legislative bodies, the best interests of the child must be a primary consideration guiding the
entire process, bearing in mind that the concept of the child’s best interests is aimed at
ensuring both the full and effective enjoyment of all the rights of the child and the holistic
development of the child;
7.
Recalls the right of the child who is capable of forming his or her own views
to express those views freely in all matters affecting the child, and that such views should
be given due weight in accordance with the age and maturity of the child, and urges States
to ensure that children are provided the opportunity to be heard in any judicial or
administrative proceedings affecting them, either directly or through a representative or an
appropriate body, in accordance with article 12 of the Convention on the Rights of the
Child, by taking steps to ensure that:
(a)
Children have the opportunity to participate in an effective and meaningful
way in all matters affecting them, including criminal, civil and administrative proceedings;
(b)
All children capable of forming their views are given an opportunity to
express themselves directly or indirectly, in person or through a representative, in a manner
appropriate to their level of understanding, and that such views are given due consideration;
(c)
Children receive information about the processes in which they are involved,
the options available to them in these procedures and the possible consequences of these
options, in a manner adapted to their age, maturity and circumstances, conveyed in a
language they understand and in a gender- and culture-sensitive manner;
(d)
The consequences of any decisions affecting the child are explained to him or
her in a way that he or she understands;
(e)
The methodology used to question or otherwise elicit information from
children respects their rights, is child-sensitive and adapted to the child’s individual
circumstances;
8.
Reaffirms the duty of all States to protect children from all forms of physical
or mental violence, injury or abuse, maltreatment or exploitation, and calls upon States:
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