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NHRC welcomes adoption of General Comment No. 27 on children’s access to justice and effective remedies

The Commission recalls its contribution to the drafting process and calls for practical reforms to ensure every child can claim their rights and obtain effective redress.

The National Human Rights Commission, including the Committee for the Prevention of Torture (NHRC-CPT), welcomes the adoption by the United Nations Committee on the Rights of the Child of General Comment No. 27 on children’s rights to access to justice and effective remedies, as announced by Committee member Benoît Van Keirsbilck. According to the announcement, the text will shortly be available on the Committee’s website.

The Commission considers this an important development in strengthening justice systems that recognize children as rights holders and respond to their circumstances. Access to justice must enable children to challenge violations, obtain protection and receive remedies that address the harm they have suffered.

The NHRC-CPT recalls that it was among the contributors to the consultation process, submitting its written contribution on 22 August 2024. Its submission called for accessible information, meaningful participation, specialized legal assistance, privacy safeguards and procedures that protect children against further harm. It also emphasized that access to justice extends beyond criminal proceedings to other matters affecting children’s lives.

The preparation of the General Comment involved extensive international engagement. The Committee received 315 submissions, alongside outcomes from more than 141 consultations, including over 82 consultations involving at least 7,215 children. This participation underscores the importance of grounding international guidance in children’s experiences, alongside contributions from national human rights institutions, civil society and other stakeholders. Children’s voices must remain central as this guidance is translated into national policies and practice.

Drawing on its detention monitoring in Lebanon, the Commission’s submission highlighted concerns about children held with adults, prolonged detention and inadequate safeguards during questioning. It advocated reform of Law No. 422/2002, including raising the minimum age of criminal responsibility to at least 14 years. It further stressed that remedies should be timely, enforceable and responsive to children’s physical, psychological and social needs.

For Lebanon, the adoption offers an opportunity to advance coordinated reforms involving Parliament, the judiciary, relevant ministries, the legal profession, social services and civil society. These efforts should address the barriers facing children living in poverty, children with disabilities, refugee and migrant children, children deprived of liberty and children affected by armed conflict.

The Commission calls for adequately funded legal aid, accessible and confidential complaint mechanisms, and training for professionals who work with children. Children should receive clear information about their rights, available support and the progress and outcome of their complaints. Protection against intimidation, retaliation and stigmatization must be integral to these arrangements.

Effective redress also requires implementation and follow-up. Decisions must produce tangible improvements in children’s lives, while complaints should help institutions identify recurring failures and prevent further violations. Children themselves should participate in assessing whether the mechanisms intended to protect them are accessible, safe and effective.

The NHRC-CPT looks forward to reviewing the published text and drawing on its guidance in its monitoring, recommendations and cooperation with national and international partners. It calls on the Lebanese authorities to make children’s access to justice a practical priority, supported by clear responsibilities, sufficient resources and measurable action.

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NHRCLB
NHRCLBhttps://nhrclb.org
مؤسسة وطنية مستقلة منشأة بموجب القانون 62/ 2016، تتضمن آلية وقائية وطنية للتعذيب (لجنة الوقاية من التعذيب) عملاً بأحكام القانون رقم 12/ 2008 (المصادقة على البروتوكول الاختياري لاتفاقية مناهضة التعذيب). An independent national institution established under Law No. 62/2016, which includes a National Preventive Mechanism against torture (the Committee for the Prevention of Torture), in accordance with the provisions of Law No. 12/2008 (ratifying the Optional Protocol to the Convention against Torture). Une institution nationale indépendante établie en vertu de la loi n° 62/2016, qui comprend un mécanisme national de prévention de la torture (le Comité pour la prévention de la torture), conformément aux dispositions de la loi n° 12/2008 (ratifiant le Protocole facultatif se rapportant à la Convention contre la torture).