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Summary: 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. العربية / Español / Français / Русский Introduction 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 not be viewed as a luxury or a privilege; rather, it must be recognised as a human right. 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. Part I: Legal Assistance for Children Children who come into contact with the legal system will often need the assistance of a lawyer. Depending on the context, children may be entitled to receive legal advice or representation free of charge. The lawyer, government department, institution or organisation offering legal assistance will likely vary with a child's particular legal needs, and some of the ways in which children may seek to obtain legal assistance without cost are detailed below. Building on the concept of child-friendly justice, which calls for all legal systems to be adapted to the rights and special situation of children, this section explores some of the most common circumstances in which children may find themselves in need of legal assistance. Go to: http://crin.org/resources/infodetail.asp?id=28582 Children's rights organisations will often not have the resources to bring or participate in court cases that involve children's rights, to undertake extensive or complex advocacy campaigns that require legal expertise, or even to pay the full costs of legal assistance required for the day-to-day functioning of the organisation. To respond to these unmet needs, lawyers in many parts of the world may be willing to offer legal assistance to organisations that could otherwise not afford it on a pro bono basis, meaning that their services are provided free of charge. Go to: http://crin.org/resources/infodetail.asp?id=28597 Annex: Contact Information for Legal Assistance Resources This section provides contact details for legal networks, international pro bono clearinghouses and organisations, and national pro bono clearing houses and resources. Go to: http://crin.org/resources/infodetail.asp?id=28599 Further Information:
Part II: Legal Assistance for Children's Rights Organisations