General Comment No. 27 of the Committee on the Rights of the Child and the Transformation of the Concept of Child-Centered Justice

[MohammadMehdi Seyed Nasseri is a researcher at the Center for Ethics and Law Studies and lecturer at Shahid Beheshti University (Tehran). He holds a PhD in public international law from Islamic Azad University, UAE Branch (Dubai).]

Access to justice is one of the fundamental principles of the rule of law and a cornerstone in guaranteeing human rights, whose effective realization acquires heightened importance in the field of children’s rights. Children, due to their particular psychological, social, and legal circumstances, are among the most vulnerable groups of human beings, requiring special protections within judicial and administrative processes. The right of access to justice entails the ability to benefit from effective, child-sensitive legal and judicial mechanisms to vindicate rights, to lodge complaints concerning rights violations, and to receive appropriate reparation. This right not only serves as a safeguard for the enforcement of children’s rights but also constitutes a prerequisite for the realization of other rights enshrined in international instruments, ensuring dignity and preventing oppression and injustice against children. In its General Comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child, the Committee on the Rights of the Child emphasized that all fundamental rights of children must be regarded as directly enforceable rights. The draft General Comment No. 27 of the Committee specifically underscores the importance of establishing legal and social mechanisms to protect children within judicial processes. This draft addresses, inter alia: (1) the definition of justice and reparation in the context of children’s rights; (2) the role of state and non-state institutions in protecting children; and (3) the necessity of creating suitable judicial mechanisms responsive to the needs of children. 

The United Nations Convention on the Rights of the Child (CRC), one of the most widely accepted human rights instruments of our time, obliges States Parties in Article 4 to “undertake all appropriate legislative, administrative, and other measures” for the implementation of children’s rights. However, these rights remain mere words on paper unless child-sensitive justice systems attuned to children’s needs are made available. In light of the lack of widespread access of millions of children to judicial systems and the absence of effective reparation mechanisms, the Committee on the Rights of the Child, in 2024, issued the draft General Comment No. 27 with the aim of providing a comprehensive and precise interpretation of children’s right to access to justice and to receive effective remedies. This interpretation, as a normative milestone, not only affirms the binding nature of this right but also emphasizes the need to reform traditional approaches and to strengthen child-centred justice systems.

Nevertheless, the gap between international standards and operational realities remains significant. The absence of appropriate legislation, weaknesses in judicial institutions and trained judges, economic and cultural barriers, and institutional structural constraints place children at a profound disadvantage in vindicating their rights. Furthermore, many legal systems fail to recognize and enforce the right to reparation and restorative measures, resulting in the incomplete realization of access to justice for children, one of their most fundamental human rights. In this regard, it is necessary to take note of the statements of the United Nations Children’s Fund (UNICEF), which advocates for the rights of children worldwide. UNICEF has stated that its approach goes beyond caring for and protecting children accused of committing offences; rather, the organization promotes fair access to justice for all children whose rights have been violated and who have suffered discrimination. UNICEF defines access to justice and remedies for children as their overall ability to enjoy this right when their rights are violated, ignored, or denied (see here, here).

Normative Foundations and International Framework on Children’s Right to Access to Justice and Remedies

The right of children to access to justice is rooted in a complex system of international treaties, interpretative guidance from supervisory bodies, and customary human rights law, all of which are designed to guarantee the vindication of children’s rights and to protect them against various violations. This section examines the normative foundations and relevant international frameworks in detail.

The Status of the Convention on the Rights of the Child in Ensuring Access to Justice

The United Nations Convention on the Rights of the Child explicitly recognizes access to justice as a fundamental pillar for realizing other children’s rights. Article 4 obliges States Parties to “undertake all appropriate legislative, administrative, and other measures” to implement the rights enshrined in the Convention. This provision requires States to establish and strengthen effective mechanisms to ensure children’s access to judicial and quasi-judicial systems. In addition to Article 4, other provisions of the CRC such as Article 12 (the right of the child to be heard), Article 19 (the right to protection from violence and abuse), and Article 39 (the right to recovery and reintegration following rights violations)  indirectly underscore the need to ensure children’s access to justice and remedies. In particular, Article 12 guarantees the right of children to participate in judicial and administrative processes based on respect for their views, thereby framing access to justice from the perspective of active child participation and effective engagement (see here, here, here).

Other International Treaties and Related Customary Law

Beyond the Convention on the Rights of the Child, other international instruments reference children’s access to justice and reparation. The International Covenant on Civil and Political Rights, in Article 14, guarantees the right to a fair trial and equal access to the courts. The Third Optional Protocol to the CRC  provides children with the ability to submit complaints directly to the Committee on the Rights of the Child, significantly enhancing enforcement guarantees. Other conventions, such as the Convention against Torture and the Convention on the Elimination of All Forms of Discrimination against Women, implicitly stress the need for access to justice for children, particularly for those who are victims of torture, violence, or discrimination. Together with customary international law, these instruments form a comprehensive framework for the protection of children’s rights and the guarantee of their access to justice.

The Role of Interpretations by the Committee on the Rights of the Child and Other International Bodies

As the monitoring body for the CRC, the Committee on the Rights of the Child plays a pivotal role in interpreting the scope and meaning of the rights set forth in the Convention. The publication of the draft General Comment No. 27 in 2024 marks a significant milestone in understanding and developing children’s rights in the field of access to justice and remedies. This General Comment defines children’s rights beyond the traditional concept of access to courts, emphasizing the need to ensure fair proceedings, specialized support, and suitable non-judicial mechanisms for children (see here, here, here). Additionally, institutions such as the Office of the High Commissioner for Human Rights and UNICEF play complementary roles by providing technical guidance and recommendations to States aimed at strengthening child-sensitive justice systems.

Systemic Challenges to Realizing Children’s Right to Access to Justice and Remedies

Despite significant normative advancements in the field of children’s rights and ensuring their access to justice, actual conditions at national and regional levels reveal deep structural, legal, and cultural obstacles impeding the full realization of this right. A precise understanding of these challenges is vital for designing effective policies and mechanisms tailored to children’s needs. This section categorizes and analyzes the key challenges into three main groups.

Legal and Judicial Barriers

The foremost obstacle to children’s access to justice lies in deficiencies and inefficiencies in legal and judicial frameworks. Many domestic legal systems lack specific and adequate provisions to protect children during judicial processes. For instance, age restrictions on filing claims, the requirement of specialized child advocates, or the absence of child-sensitive court procedures prevent children from accessing judicial processes or expose them to additional harm. Moreover, existing laws often do not sufficiently anticipate protections for child victims of violence, abuse, or rights violations, particularly in the era of artificial intelligence, where their rights may not be properly respected during proceedings. Inappropriate timing, lack of enforceable guarantees for reparation, and absence of effective follow-up mechanisms further compound legal obstacles.

Institutional and Structural Barriers

Weaknesses in judicial and quasi-judicial institutions constitute another major challenge. Many countries lack specialized children’s courts or judicial units staffed with judges and personnel trained in child rights. Consequently, children interacting with the justice system may face insensitive or inappropriate treatment, exacerbating psychological and social harms. Furthermore, poor coordination and cooperation among agencies responsible for child protection—including law enforcement, social services, health centers, and judicial bodies—render the enforcement of children’s rights complex and inefficient. Scarcity of financial and human resources also negatively impacts the quality and accessibility of child-sensitive judicial services. 

Cultural and Social Barriers

From a cultural and social perspective, the stigmatization of child victims and witnesses remains a significant challenge. In many societies, children face structural discrimination based on age, gender, minority status, disability, or migration background, which hampers their active participation in justice processes. Additionally, familial and societal pressure to resolve disputes informally, fear of harsh reactions or humiliation, and children’s lack of awareness about their rights result in numerous rights violations going unaddressed and children being deprived of reparation. 

The Draft General Comment No. 27: A Strategic and Normative Landmark

Published in 2024 by the Committee on the Rights of the Child, the draft General Comment No. 27 stands as one of the most significant strategic and normative documents regarding children’s access to justice and remedies. This comprehensive interpretation not only deeply clarifies this right but also provides a clear roadmap for States and international bodies to redesign judicial and protective systems, taking into account the unique conditions of children (see here, here).

The General Comment No. 27 transcends traditional notions of access to justice and redefines this right in a broader, child-centered manner. Key innovations of the document include:

• Comprehensive Definition of the Right to Access to Justice: It emphasizes that the right is not confined to judicial procedures but encompasses access to various legal, administrative, and quasi-judicial mechanisms, counseling services, and psychological support. This inclusive approach ensures that children can reach appropriate resources in cases of rights violations.
• Emphasis on Fair and Respectful Procedures: The document underscores adherence to due process principles, the preservation of children’s dignity and respect, and the prevention of any discrimination or violence in judicial interactions.
• Promotion of Active Child Participation: Drawing on Article 12 of the CRC, the Committee stresses the necessity of hearing children’s voices and their meaningful involvement throughout legal processes, offering practical ways to enhance such participation.
• Specialized Support and Free Legal Services: It highlights the indispensable role of access to specialized lawyers, legal counselors, and psychologists as integral components of access to justice.
• Protection Against Retaliation and Guarantee of Child Safety: The interpretation prohibits any retaliatory measures against children claiming their rights and sets forth necessary measures to ensure their safety.

Policy and Legal Recommendations for Overcoming Structural and Operational Challenges

To overcome existing structural and operational challenges and to guarantee children’s right to access to justice and effective remedies, comprehensive, multi-faceted, and internationally standardized strategies are essential. The following outlines key policy and legal proposals that can establish an efficient framework for States and civil society actors:

Reform of National Laws and Regulations

Legal reform must be prioritized to remove age restrictions, accessibility barriers, and legal deficiencies. Measures such as eliminating or lowering minimum ages for filing claims, extending complaint deadlines in cases of violence and abuse, and ensuring children’s right to legal representation must be adopted. These reforms should be based on thorough child rights impact assessments.

Establishment and Strengthening of Child-Centered Institutions and Mechanisms

The creation of specialized children’s courts and judicial units with judges, lawyers, and personnel trained in child rights is essential to operationalize access to justice. These bodies should maintain ongoing coordination with support centers, psychological services, and social workers to provide children with safe, respectful, and supportive environments. Moreover, the development of non-judicial mechanisms and specialized mediation can expedite compensation processes and alleviate caseload burdens.

Enhanced Professional Training and Capacity Building

Ongoing training for judges, lawyers, police officers, social workers, and other child rights stakeholders must emphasize restorative justice concepts, children’s psychological sensitivities, and specialized communication skills. Such education will elevate expertise and improve legal and judicial service quality.

Guaranteeing Free Legal and Supportive Services

To reduce financial barriers, States should provide mechanisms offering free legal counseling and psychological support services to children and their families. These services must be accessible to all children, especially vulnerable groups such as children with disabilities, migrants, and minorities.

Development of Efficient Complaint and Oversight Mechanisms

Designing and implementing simple, swift, and accessible systems for filing complaints about children’s rights violations accompanied by transparent follow-up and accountability mechanisms is crucial. Such systems must enable children’s participation and ensure confidentiality and security. Additionally, establishing independent national child rights institutions with investigatory and legal follow-up powers can enhance oversight of children’s rights implementation.

Public Awareness and Child Rights Education

Increasing public awareness, educating children about their rights, and fostering supportive social environments are vital to overcoming cultural and social barriers. Media, schools, and civil society organizations must actively promote a culture of respect for children’s rights and encourage their active participation.

Conclusion and Future Outlook

Children’s right to access to justice and effective remedies is among the most fundamental human rights, whose guarantee is not only an ethical and legal imperative but also a prerequisite for realizing other rights enshrined in the CRC and international instruments. An examination of normative foundations, systemic challenges, and analysis of the Committee on the Rights of the Child’s draft General Comment No. 27 reveals that, despite significant international standard advances, a wide gap persists between principles and practice. States must seize this historic opportunity and prioritize legal and institutional reforms with strong political will to establish child-sensitive, effective, accessible justice systems responsive to children’s needs. Specialized training of judicial bodies, allocation of necessary financial resources, development of child participation mechanisms, and assurance of security and dignity form the pathway to realizing this noble goal. Cooperation across agencies, civil society engagement, enhanced public awareness, and harnessing modern technologies to improve access to justice services will be indispensable.

Access to justice for children is not merely a legal right but the foundation for sustainable human, social, and economic development, without which the realization of other human rights is jeopardized. The challenges ahead are complex and multidimensional; however, through committed legal-political approaches and adherence to contemporary international standards, it is possible to guarantee that no child is deprived of justice and reparation due to age, gender, disability, or social condition. This aspiration embodies genuine justice and human dignity that the international community must prioritize in its human rights policies and sustainable development agenda.