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minimum guarantee in the criminal justice system for all persons, and this should equally
apply to children. While the article allows the person to defend himself or herself in person,
in any case where the interests of justice so require the person is to be assigned legal
assistance.
51.
In the light of the above, the Committee is concerned that children are provided less
protection than international law guarantees for adults. The Committee recommends that
States provide effective legal representation, free of charge, for all children who are facing
criminal charges before judicial, administrative or other public authorities Child justice
systems should not permit children to waive legal representation unless the decision to waive
is made voluntarily and under impartial judicial supervision.
52.
If children are diverted to programmes or are in a system that does not result in
convictions, criminal records or deprivation of liberty, “other appropriate assistance” by welltrained officers may be an acceptable form of assistance, although States that can provide
legal representation for children during all processes should do so, in accordance with article
41. Where other appropriate assistance is permissible, the person providing the assistance is
required to have sufficient knowledge of the legal aspects of the child justice process and
receive appropriate training.
53.
As required under article 14 (3) (b) of the International Covenant on Civil and Political
Rights, there is to be adequate time and facilities for the preparation of the defence. Under
the Convention on the Rights of the Child, the confidentiality of communications between
the child and his or her legal representative or other assistant is to be guaranteed
(art. 40 (2) (b) (vii)), and the child’s right of protection against interference with his or her
privacy and correspondence is to be respected (art. 16).
Decisions without delay and with the involvement of parents
or guardians (art. 40 (2) (b) (iii))
54.
The Committee reiterates that the time between the commission of the offence and the
conclusion of proceedings should be as short as possible. The longer this period, the more
likely it is that the response loses its desired outcome.
55.
The Committee recommends that States parties set and implement time limits for the
period between the commission of the offence and the completion of the police investigation,
the decision of the prosecutor (or other competent body) to institute charges, and the final
decision by the court or other judicial body. These time limits should be much shorter than
those set for adults, but should still allow legal safeguards to be fully respected. Similar
speedy time limits should apply to diversion measures.
56.
Parents or legal guardians should be present throughout the proceedings. However,
the judge or competent authority may decide to limit, restrict or exclude their presence in the
proceedings, at the request of the child or of his or her legal or other appropriate assistant or
because it is not in the child’s best interests.
57.
The Committee recommends that States parties explicitly legislate for the maximum
possible involvement of parents or legal guardians in the proceedings because they can
provide general psychological and emotional assistance to the child and contribute to
effective outcomes. The Committee also recognizes that many children are informally living
with relatives who are neither parents nor legal guardians, and that laws should be adapted to
allow genuine caregivers to assist children in proceedings, if parents are unavailable.
Freedom from compulsory self-incrimination (art. 40 (2) (b) (iv))
58.
States parties must ensure that a child is not compelled to give testimony or to confess
or acknowledge guilt. The commission of acts of torture or cruel, inhuman or degrading
treatment in order to extract an admission or confession constitutes a grave violation of the
child’s rights (Convention on the Rights of the Child, art. 37 (a)). Any such admission or
confession is inadmissible as evidence (Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, art. 15).
59.
Coercion leading a child to a confession or self-incriminatory testimony is
impermissible. The term “compelled” should be interpreted broadly and not be limited to
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