Annex - Standards engaged by the proposals
European Convention on Human Rights
Article 6—Right to a fair trial: In Golder
v United Kingdom[62]
the ECtHR confirmed that "the right of access [to a court]
constitutes an element which is inherent in the right stated by
Article 6 (1)."
Other international treaties and conventions
UN Convention on the Rights of the Child: in particular
Articles 2, 3 and 12.
Article 2 of the United Nations Convention on the
Rights of the Child states:
1. States Parties shall respect and ensure the rights
set forth in the present Convention to each child within their
jurisdiction without discrimination of any kind, irrespective
of the child's or his or her parent's or legal guardian's race,
colour, sex, language, religion, political or other opinion, national,
ethnic or social origin, property, disability, birth or other
status.
2. States Parties shall take all appropriate measures
to ensure that the child is protected against all forms of discrimination
or punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians,
or family members.
Article 3 of the Convention states:
1. In all actions concerning children, whether undertaken
by public or private social welfare institutions, courts of law,
administrative authorities or legislative bodies, the best interests
of the child shall be a primary consideration.
2. States Parties undertake to ensure the child such
protection and care as is necessary for his or her well-being,
taking into account the rights and duties of his or her parents,
legal guardians, or other individuals legally responsible for
him or her, and, to this end, shall take all appropriate legislative
and administrative measures.
3. States Parties shall ensure that the institutions,
services and facilities responsible for the care or protection
of children shall conform with the standards established by competent
authorities, particularly in the areas of safety, health, in the
number and suitability of their staff, as well as competent supervision.
Article 12 of the Convention states:
1. States Parties shall assure to the child who is
capable of forming his or her own views the right to express those
views freely in all matters affecting the child, the views of
the child being given due weight in accordance with the age and
maturity of the child.
2. For this purpose, the child shall in particular
be provided the opportunity to be heard in any judicial and administrative
proceedings affecting the child, either directly, or through a
representative or an appropriate body, in a manner consistent
with the procedural rules of national law.
UN Convention on the Rights of Persons with Disabilities:
Articles 12 and particularly Article 13: (1) States Parties shall
ensure effective access to justice for persons with disabilities
on an equal basis with others, including through the provision
of procedural and age-appropriate accommodations, in order to
facilitate their effective role as direct and indirect participants,
including as witnesses, in all legal proceedings, including at
investigative and other preliminary stages. (2) In order to help
to ensure effective access to justice for persons with disabilities,
States Parties shall promote appropriate training for those working
in the field of administration of justice, including police and
prison staff.
62 (1979-80) 1 E.H.R.R. 524 Back
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