CRC/GC/2002/2
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witnesses, access relevant documentary evidence and access places of detention. They also have
a duty to seek to ensure that children have effective remedies - independent advice, advocacy and
complaints procedures - for any breaches of their rights. Where appropriate, NHRIs should
undertake mediation and conciliation of complaints.
14.
NHRIs should have the power to support children taking cases to court, including the
power (a) to take cases concerning children’s issues in the name of the NHRI and (b) to
intervene in court cases to inform the court about the human rights issues involved in the case.
Accessibility and participation
15.
NHRIs should be geographically and physically accessible to all children. In the spirit of
article 2 of the Convention, they should proactively reach out to all groups of children, in
particular the most vulnerable and disadvantaged, such as (but not limited to) children in care or
detention, children from minority and indigenous groups, children with disabilities, children
living in poverty, refugee and migrant children, street children and children with special needs in
areas such as culture, language, health and education. NHRI legislation should include the right
of the institution to have access in conditions of privacy to children in all forms of alternative
care and to all institutions that include children.
16.
NHRIs have a key role to play in promoting respect for the views of children in all
matters affecting them, as articulated in article 12 of the Convention, by Government and
throughout society. This general principle should be applied to the establishment, organization
and activities of national human rights institutions. Institutions must ensure that they have direct
contact with children and that children are appropriately involved and consulted. Children’s
councils, for example, could be created as advisory bodies for NHRIs to facilitate the
participation of children in matters of concern to them.
17.
NHRIs should devise specially tailored consultation programmes and imaginative
communication strategies to ensure full compliance with article 12 of the Convention. A range
of suitable ways in which children can communicate with the institution should be established.
18.
NHRIs must have the right to report directly, independently and separately on the state of
children’s rights to the public and to parliamentary bodies. In this respect, States parties must
ensure that an annual debate is held in Parliament to provide parliamentarians with an
opportunity to discuss the work of the NHRI in respect of children’s rights and the State’s
compliance with the Convention.
Recommended activities
19.
The following is an indicative, but not exhaustive, list of the types of activities which
NHRIs should carry out in relation to the implementation of children’s rights in light of the
general principles of the Convention. They should:
(a)
Undertake investigations into any situation of violation of children’s rights, on
complaint or on their own initiative, within the scope of their mandate;