International Complaint Procedures for Children: Guarantees of Protection and Prompt Justice

International Complaint Procedures for Children: Guarantees of Protection and Prompt Justice

🔹 Introduction: The Child as an Active Legal Personality

The International Federation for the Defense of Child Rights considers the child’s right to access justice to be the fundamental pillar for protecting all other rights. International laws no longer view the child as a passive party, but as a legal personality entitled to hold states accountable for violations committed against them.

This article reviews the international mechanisms for submitting complaints, the safeguards that ensure the child’s protection during these procedures, and the legal references and states bound by them.

First: Legal Reference (Optional Protocol III – OP3-CRC)

The strongest international legal mechanism is the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure.

This legal instrument, adopted by the United Nations General Assembly, formally opens the door for children—individually or in groups—to submit direct complaints when violations affecting their fundamental rights occur, pursuant to the authority granted to the Committee on the Rights of the Child in Geneva to examine individual communications.

Second: Ratifying and Legally Bound States

According to updated human rights treaty records, 52 states have ratified this protocol, making them legally bound to the oversight of the international Committee on the Rights of the Child. Notable examples include:

• Arab states: Tunisia, Palestine, Morocco, Qatar.
• European states: Germany, France, Italy, Spain, Belgium, Switzerland, Portugal, Ireland, Denmark, Finland, and Austria.
• Latin American states: Brazil, Argentina, Chile, Uruguay, and Bolivia.

Third: Protection Guarantees During Complaint Procedures

Strict international standards emphasize the necessity of providing a safe environment for the reporting child. The protocol explicitly establishes the following safeguards:

• Protection from retaliation (Article 4): States must prevent any ill-treatment, intimidation, or harassment of the child or their family resulting from submitting a complaint.
• Absolute confidentiality of data: Complaints are handled in closed sessions, and the child’s identity may not be publicly disclosed, ensuring privacy and protection from social stigma.
• Best interests and child-friendly justice: Procedures must be simplified, consider the child’s age and maturity, guarantee the right to express views freely, and ensure access to specialized support.

Fourth: The Federation’s Role in Facilitating Complaint Procedures

The Federation serves as a legal and educational bridge between the child and international justice platforms through:

1. Legal representation and advocacy: Assisting children and their families in drafting complaints and documenting violations in accordance with international technical standards.
2. Field monitoring and documentation: Observing state compliance with protection guarantees and submitting parallel reports to international bodies.
3. Psychological rehabilitation and empowerment: Providing psychosocial support programs to accompany the child throughout investigative procedures, ensuring the ability to testify within a supportive environment.

💫 Conclusion

Empowering children to access international complaint mechanisms is not merely a legal procedure; it is recognition of their full human dignity.

We affirm that a child’s courage in defending their rights must be met with strict state obligations to ensure protection and prompt justice.

📚 References

• Convention on the Rights of the Child, UN Treaty Series, Vol. 1577, p. 3 (20 November 1989).
• Optional Protocol III, UNGA Resolution 66/138, 19 December 2011.
• Rules of Procedure of the Committee on the Rights of the Child, CRC/C/62/3 (2013).