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Children’s access to justice: global progress, but we're not there yet

Across the world, children now have better access to justice, writes Ton Liefaard, Professor of Children’s Rights, in the Dutch magazine ‘Tijdschrift voor Sociale Vraagstukken’. He’s cautiously optimistic about the impact of a UN children’s rights protocol, which has now existed for ten years.

The Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OPIC) came into force back in April 2014 and recognises that children should be able to go to the courts when their rights have been violated. By ratifying the protocol, Member States have introduced a complaints procedure for children without adequate legal protection. Since then, these countries have also improved the right to be heard, the right of appeal and the right to education.

In his article, Professor Liefaard writes (in Dutch) that over the past ten years, a lot of work has been done to make the protocol work well. He explains: ‘Lots has been achieved within a short space of time. The main achievement seems to be that every child's right of access to justice is no longer a subject of debate since the OPIC has been in force. Having said that, a degree of caution is required.’

Only 25% of States Parties to the Convention on the Rights of the Child have so far ratified the protocol. Professor Liefaard adds: ‘It’s very important for the OPIC’s credibility that more countries ratify it and governments take serious action to follow up on the measures recommended by the UN Committee on the Rights of the Child. The Netherlands has not yet signed OPIC either.’

Photo: Julie Ricard through Unsplash

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