CRC/C/GC/24 Presence and examination of witnesses (art. 40 (2) (b) (iv)) 73. The guarantee in article 40 (2) (b) (iv) of CRC underscores that the principle of equality of arms (equality or parity between defence and prosecution) should be observed in the administration of juvenile justice. The term “to examine or to have examined” refers to the fact that there are distinctions in the legal systems, particularly between the accusatorial and inquisitorial trials. In the latter, the defendant is often allowed to examine witnesses although he/she rarely uses this right, leaving examination of the witnesses to the lawyer or, in the case of children, to another appropriate body. However, it remains important that the lawyer or other representative informs the child of the possibility to examine witnesses and to allow him/her to express his/her views in that regard (art. 12 of CRC). The right to appeal (art. 40 (2) (b) (v)) 74. The child has the right to appeal against the decision finding him/her guilty of the charge(s) and against the measures imposed. This appeal should be decided by a higher, competent, independent and impartial authority or judicial body. This guarantee is similar to the one expressed in article 14 (5) of ICCPR. This right of appeal is not limited to the most serious offences. 75. Several States parties have made reservations regarding this provision in order to limit this right of appeal by the child to the more serious offences and/or imprisonment sentences. In the light of article 41 of CRC, 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)) 76. If a child cannot understand or speak the language used by the juvenile justice system, he/she has the right to have the 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 77. The Committee also wishes to draw the attention of States parties to children with communication disabilities. In accordance with the special protection measures provided to children with disabilities in article 23 of CRC, the Committee recommends that States parties ensure that such children provided with adequate and effective assistance by well-trained professionals. See also in this regard the Committee’s general comment No. 9 (2006) on the rights of children with disabilities. Full respect of privacy (arts. 16 and 40 (2) (b) (vii)) 78. The right of a child to have his/her privacy fully respected during all stages of the proceedings reflects the right 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) at least up until the final decision by a competent authority, or release from supervision, custody or deprivation of liberty, even if the child turns 18 during the course of the proceedings or release from custody. The rationale for the nonpublication rule, and its continuation following the child turning 18 years, is that publication causes ongoing stigmatization, which is likely to have a negative impact on his/her ability to have access to education, work, housing or to be safe. This means that the goals of juvenile justice to promote the child’s reintegration and assumption of a constructive role in society is seriously impeded. Consequently, public authorities should be most vigilant concerning press releases, articles and publications related to offences allegedly committed by persons who were children at the time of the offence, and limit them to very exceptional cases. They must take measures to guarantee that children are not identifiable via such releases, articles or publications. This should extend to all forms of social media. All persons who violate the right to privacy of a child in conflict with the law should be sanctioned with disciplinary and where necessary with criminal sanctions. 79. The Committee recommends that the States parties protect the identity of a person who committed a crime while still a child, with the provision that a court may make an order 15

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