This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (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.
Libya ratified the Convention on the RIghts of the Child (CRC) with no reservations. It has also signed two of the Optional Protocols on the Involvement of Children in Armed Conflict, and on the Sale of Children, Child Prostitution, and Child Pornogrophay. Libya has not ratified the third Optional Protocol on a Communications Procedure. The Supreme Court in Libya has stated that the application of international treaties and conventions that Libya is party to is mandatory, so the CRC is treated as equal to national laws. LIbya also has several laws for the protection of children’s rights in cases concerning custody, guardianship, care and juvenile justice. There are juvenile courts and a Department of Juvenile Prosecutions to deal with children in conflict with law. Libya has a legal aid system for citizens before all courts, which operates through the People’s Advocacy Department. A person of any age may lodge a complaint with the administrative or criminal authorities, and children from the age of seven can obtain legal advice without parental consent. However, court proceedings may not be initiated by persons under the age of 18. Judicial reviews of laws or administrative acts are available to individuals through the Court of Appeal or the Supreme Court, but private prosecution is not acknowledged in the law.