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that a similar provision is made in article 14 (5) of the Covenant. In the light of article 41 of
CRC, it means that this article should provide every adjudicated child with the right to appeal.
The Committee recommends that the States parties withdraw their reservations to the provision
in article 40 (2) (b) (v).
Free assistance of an interpreter (art. 40 (2) (vi))
62. If a child cannot understand or speak the language used by the juvenile justice system,
he/she has the right to get free assistance of an interpreter. This assistance should not be limited
to the court trial but should also be available at all stages of the juvenile justice process. It is also
important that the interpreter has been trained to work with children, because the use and
understanding of their mother tongue might be different from that of adults. Lack of knowledge
and/or experience in that regard may impede the child’s full understanding of the questions
raised, and interfere with the right to a fair trial and to effective participation. The condition
starting with “if”, “if the child cannot understand or speak the language used”, means that a child
of a foreign or ethnic origin for example, who - besides his/her mother tongue - understands and
speaks the official language, does not have to be provided with the free assistance of an
interpreter.
63. The Committee also wishes to draw the attention of States parties to children with speech
impairment or other disabilities. In line with the spirit of article 40 (2) (vi), and in accordance
with the special protection measures provided to children with disabilities in article 23, the
Committee recommends that States parties ensure that children with speech impairment or other
disabilities are provided with adequate and effective assistance by well-trained professionals,
e.g. in sign language, in case they are subject to the juvenile justice process (see also in this
regard general comment No. 9 (The rights of children with disabilities) of the Committee on the
Rights of the Child.
Full respect of privacy (arts. 16 and 40 (2) (b) (vii))
64. The right of a child to have his/her privacy fully respected during all stages of the
proceedings reflects the right to protection of privacy enshrined in article 16 of CRC. “All stages
of the proceedings” includes from the initial contact with law enforcement (e.g. a request for
information and identification) up until the final decision by a competent authority, or release
from supervision, custody or deprivation of liberty. In this particular context, it is meant to avoid
harm caused by undue publicity or by the process of labelling. No information shall be published
that may lead to the identification of a child offender because of its effect of stigmatization, and
possible impact on his/her ability to have access to education, work, housing or to be safe. It
means that a public authority should be very reluctant with press releases related to offences
allegedly committed by children and limit them to very exceptional cases. They must take
measures to guarantee that children are not identifiable via these press releases. Journalists who
violate the right to privacy of a child in conflict with the law should be sanctioned with
disciplinary and when necessary (e.g. in case of recidivism) with penal law sanctions.
65. In order to protect the privacy of the child, most States parties have as a rule - sometimes
with the possibility of exceptions - that the court or other hearings of a child accused of an