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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.
Myanmar acceded to the CRC in 1991. However, it is not directly enforceable in national courts as it has not been incorporated into the domestic legislation. Children through their representatives can bring civil, criminal and human rights enforcement proceedings to the courts, though there have been no reported examples of successful attempts to challenge human rights violations using the court system. The Child Law, whose purpose is to implement the rights of the child embodied in the CRC, grants children the ability to bring a complaint with respect to his or her rights under the law before the relevant government department or court. Additionally, the Myanmar National Human Rights Commission can receive and investigate complaints and report its findings to the relevant government department for necessary action. There are, however, several obstacles to access to justice for children in Myanmar, with reports highlighting the lack of an independent judiciary, the ineffectiveness of the Human Rights Commission, and the absence of state-funded legal aid.
