Child-friendly justice standards have also been elaborated in national, regional and international courts. As child-friendly justice aims to govern children's rights, status, and role in legal proceedings, how courts interpret relevant CRC provisions is particularly important. Taken from CRIN's CRC in Court case law database, which contains decisions from around the world that cite, quote and discuss the Convention, the excerpts below show how some courts have approached children's rights and child-friendly justice.
Children as victims, witnesses
- C and Others v. Department of Health and Social Development (Constitutional Court of South Africa), case concerning the emergency removal of children from their parents' custody: "The right to parental care or family care requires that the removal of children from the family environment must be mitigated in the manner described in the UNCRC, in order to satisfy the standard set for the limitation of rights in section 36(1) of the Constitution. The requirements that the removal be subject to automatic review and that all interested parties, including the child concerned, be given an opportunity to be heard, in my view, stand as essential safeguards of the best interests of the child."
- Grant v. Grant (High Court of St. Lucia), custody decision considering the right of children to express their views in proceedings concerning them: "While there are no statutes directing the court to give effect to the wishes and feelings of a child, the courts, over the last few years, have become increasingly aware of the importance of listening to the view of older children and taking into account what children say, not necessarily agreeing with what they want nor, indeed, doing what they want but paying proper respect to older children who are at an age and have the maturity to make their minds up as to what they think is best for them, bearing in mind that older children very often have an appreciation of their own situation which is worthy of consideration by, and the respect of, the adults, and particularly the courts. This enjoinder to consider the wishes and feelings is reflective of the international obligation under the UN Convention on the Rights of the Child 1989..."
- Situation in the Democratic Republic of the Congo, Prosecutor v. Lubanga Dyilo (International Criminal Court), case concerning the participation of child victims as witnesses in International Criminal Court proceedings: "All victims wishing to participate in the proceedings shall submit a written application to the Trial Chamber, specifying the nature of the harm they suffered and how their personal interests are affected... [T]he Trial Chamber may order protective and special measures to assist victims, and will generally take into account, to the fullest extent possible, the special needs and interests of victims or groups of victims, such as child victims."
- State v. Secretary, Ministry of Law, Justice & Parliamentary Affairs and Others (High Court of Bangladesh), judgment regarding the appropriate placement for child victims of violence: "In the facts of the instant case, had the best interests of the child been considered then the learned Senior Judicial Magistrate... should have realised that the best interests of a seven year old girl demands that she be allowed to remain with her parents... When it is apparent that the girl was crying to be with her mother, that clearly is an expression of the view of the child to be with her mother and in compliance with Article 12 of the CRC the learned Magistrate should have given effect to it... There is nothing on record to suggest that the learned Magistrate at all considered the views of the child which shows abject ignorance of the international provisions, which are meant to be for the welfare and wellbeing of children."
Children as offenders
- Bulacio v. Argentina (Inter-American Court of Human Rights), decision addressing violations of children's rights in detention: "To safeguard the rights of children detainees, and especially their right to humane treatment, it is indispensable for them to be separated from adult detainees. In addition, as this Court has established, those in charge of detention centers for children who are offenders or accused must be duly trained for the performance of their tasks. Finally, the right of detainees to communicate with third parties, who provide or will provide assistance and defense, goes together with the obligation of the State agents to immediately communicate to said persons the minor’s detention, even if the minor has not requested it..."
- Police v. Vailopa (Supreme Court of Samoa), decision concerning legal protections for children in conflict with the law: "That young offenders and children generally require special treatment cannot be doubted. As recited in the preamble to the CRC, 'the child by reason of his physical and mental immaturity needs special safeguards and care including appropriate legal protection... Article 37(d) requires that a youth in custody has the right to promptly receive 'access to legal and other appropriate assistance.' In this case I would interpret that to mean that of his mother who according to the evidence was in the police building at the time or perhaps even the Registrar of court whom he was brought down...to see. In respect of article 40(2) (b) (ii) I would respectfully agree...that the words and/or the underlying philosophy of article 40(2)(b)(ii) means that a parent, guardian, caregiver or one of the persons referred to previously must be present before a youth can be interviewed by the police in respect of potential criminal misconduct..."
- Procurator Fiscal, Linlithgow v. Watson & Anor. (Privy Council; United Kingdom), case concerning lengthy delays in the initiation of juvenile justice proceedings: "The United Nations Convention was ratified by the United Kingdom... Chapter 16 of the Book of Regulations deals with the subject of children in the light of what it acknowledges in para 16.01 as the fundamental rights of the child which are recognised and guaranteed by the [European Convention on Human Rights]. Para 16.18 states that procurators fiscal are required to liaise with the Children’s Reporter in cases against children who are reported for consideration of proceedings and that such liaison should take place as a matter of urgency so as to avoid any unnecessary delay in dealing with these cases. I would endorse the recognition which is given by this paragraph to the fact that the passage of time is likely to be particularly prejudicial where criminal charges are brought against children..."
- Regina v. Setaga (High Court of Tuvalu), decision examining the acceptable progression of trials involving children in conflict with the law: "The Constitution requires a trial to be held 'within a reasonable time', which should be defined consistently with the CRC and take into account the age of the offender. The younger a child is, the more important it is that a trial be held soon after the offence is committed. It is rare that a delay in a prosecution would require a trial to be stopped rather than expedited, but in this case, D would be unable to properly defend himself against the allegations. More specifically, the evidence collected at the time of the investigation did not conclusively prove that D was guilty. To defend himself against the allegations, D would have to be able to present evidence of how he was and what he thought as a thirteen year old, and that would now be impossible."
- Salduz v. Turkey (European Court of Human Rights), case concerning the right to legal assistance for children accused of committing an offence: "The police should provide access to a lawyer from the first interrogation of a suspect unless there are very compelling reasons not to in particular circumstances. In this case, the Turkish government's only justification for denying Salduz access to a lawyer was that he was accused of committing an offence related to national security... In particular, in view of Salduz's young age, the Court noted the fundamental importance of providing him with legal assistance and the government's obligation to do so under international treaties, including the CRC."
- Seniloli v. Voliti (High Court of Fiji), decision on children's right to protection in juvenile justice proceedings: "The Convention in relation to the custody of children, is in conformity with the Juveniles Act and the Constitution. It is intended to ensure that children in conflict with the law, and who are vulnerable because of age and powerlessness in relation to the administration of law enforcement agencies, are accorded special protective measures."