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
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