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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.
As a ratified international instrument, the CRC has been incorporated into domestic law, takes precedence over conflicting provisions of national law, and can be directly enforced in the courts. Children have limited legal capacity and can only enter litigation to the extent that their capacity allows, though children over 16 can request the initiation of criminal proceedings or submit private charges themselves. Children through their representatives may bring actions in the Constitutional Court or Administrative Court if his/her rights have been violated by a law or an administrative act respectively, or may directly petition the Department for Child Rights Protection at the office of the Ombudsman, who can initiate proceedings. However, legal aid is limited to certain types of cases, and is not systematically provided to children in conflict with the law.
