Submitted by crinadmin on
A briefing on the status of the CRC in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
Under the Kenyan Constitution, the CRC and other ratified international human rights instruments automatically become part of national law. Children are permitted to bring cases in civil courts to challenge violations of their rights under the Civil Procedure Rules with the assistance of an adult “next friend”. Children also have a specific right under the Constitution to bring, or have proceedings brought on their behalf, when any of their rights or fundamental freedoms in the Bill of Rights “has been denied, violated or infringed, or is threatened”. Alternatively, judicial review proceedings may be launched to challenge the action of a public body. Children are not entitled to legal assistance in bringing civil cases, but legal aid is guaranteed to children who are accused of committing an offence if they have no other recourse. Unfortunately, even where a case has been successfully brought against the Government, there is no guarantee that the court decision will be respected. Parliament has proved no better, and has in many cases deliberately failed to amend laws that have been declared unconstitutional.
