DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
The reasons for any rejection of a complaint should be explained carefully to
a child and there should be avenues for appealing this decision to a different
authority within the child justice system or externally to a judicial body. The
receiving institutions and other authorities must keep a record of the complaints
and the corresponding findings and actions and subject them to routine scrutiny
to determine common trends and patterns; for instance, it may be that many of
the complaints relate to the same member of staff.
To promote transparency and to provide vital data and information to inform policy
and planning, the number of cases, the nature of the complaints made by children,
and the outcomes should all be published on a regular basis, while protecting the
identity and confidentiality of those involved.
6.3. Who can children complain to?
Complaints mechanisms can take many different forms and children should have
access to avenues of complaint both within and outside the child justice system.
They should be able to make complaints to internal bodies which have responsibility
for the facility where the child is deprived of his/her liberty as well as to external
independent bodies such as ombudspersons, National Human Rights Institutions,
independent monitoring bodies and judicial bodies.
There is an important link between complaints procedures and monitoring bodies
and children should also have the right to speak in confidence to monitors of
facilities depriving of liberty, which – depending on their mandate - could have
powers to act upon their complaints or to refer them to the competent and
appropriate complaint mechanisms.
Children should also have access to lodge complaints to international human
rights bodies such as the UN Committee against Torture, the UN Human Rights
Committee and the UN Committee on the Rights of the Child (since the Optional
Protocol on a Communications Procedure is entered in force in April 2014) as well
as to regional bodies such as the European Committee of Social Rights (through
the mechanism of collective complaints) and the European Court of Human Rights.
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