Access to justice for children requires that all children, however they come into contact with the law, be able to fully participate in legal proceedings. Broadly speaking, it is the idea that children must be able to use and trust the legal system to protect their rights, an idea which is regularly frustrated by the failure of justice systems to account for children's unique vulnerability. Indeed, legal proceedings all too often serve more as a source of fear and additional trauma for children rather than offering positive solutions to already complicated and distressing situations.
Following the ideals of child-friendly justice, CRIN believes that legal systems must take special care to respect the rights of all children they encounter. Legal systems can be immensely confusing and difficult if not impossible to navigate for children, especially without the help of a legal professional. Legal assistance provides children the means to understand legal proceedings, to defend their rights, and to make their voices heard. It is a necessary component of access to justice for children, and without it, it is difficult to see how children's rights can be truly respected and fulfilled.
With this in mind, legal assistance for children must be recognised as a human right, not viewed as a luxury or a privelege. Despite this, given the often high costs of legal services, finding legal assistance can be a complicated and challenging endeavour. This toolkit is designed to explain the ways that legal assistance can be obtained free of charge for children and children's rights organisations, to review the international standards that underlie children's right to legal assistance, and to clarify the different types of legal assistance that may be appropriate across the various contexts in which children interact with the legal system.
CRIN hopes that this information will inspire children and children's rights organisations alike to seek legal assistance where children's rights have been violated. Equally, we hope that it will draw the attention of lawyers, judges and government officials to the urgent need to expand legal assistance programmes for children and organisations that advocate on their behalf. Ultimately, we believe that respecting children's right to legal assistance is a critical first step if we are to work towards guaranteeing all children's rights.