To have the matter determined without delay by a competent, independent
and impartial authority or judicial body in a fair hearing according to law, in the
presence of legal or other appropriate assistance and, unless it is considered
not to be in the best interest of the child, in particular, taking into account his or
her age or situation, his or her parents or legal guardians; (Article 40 (2) (b) (iii)
CRC)
Not to be compelled to give testimony or to confess guilt; to examine or have
examined adverse witnesses and to obtain the participation and examination of
witnesses on his or her behalf under conditions of equality; (Article 40 (2) (b) (iv)
CRC)
If considered to have infringed the penal law, to have this decision and any
measures imposed in consequence thereof reviewed by a higher competent,
independent and impartial authority or judicial body according to law; (Article 40
(2) (b) (v) CRC)
To have the free assistance of an interpreter if the child cannot understand or
speak the language used; (Article 40 (2) (b) (vi) CRC)
To have his or her privacy fully respected at all stages of the proceedings. (Article
40 (2) (b) (vii) CRC)
The establishment of a minimum age below which children shall be presumed not
to have the capacity to infringe the penal law; (Article 40 (3) (a) CRC)
Whenever appropriate and desirable, measures for dealing with such children
without resorting to judicial proceedings, providing that human rights and legal
safeguards are fully respected. (Article 40 (3) (b) CRC)
Right to respect for private and family life
Everyone has the right to respect for his private and family life, his home and his
correspondence. (Article 8 (1) ECHR)
There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic
society in the interests of national security, public safety or the economic
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