Submitted by lratledge on
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.
Vanuatu ratified the Convention on the Rights of the Child (CRC) in 1992. Ratified treaties automatically become part of national law, so the CRC is incorporated into it. However, the Supreme Court claims that only some provisions of the CRC are directly enforceable in courts, but it is unclear exactly which provisions are. Minors do not have legal capacity in Vanuatu, so can only bring claims or defend legal proceedings through a litigation guardian. However, the proceedings can be brought in a child’s name. Violations of children’s rights under the Constitution by the state can be challenged in the Supreme Court. The Ombudsman is empowered to enquire into the conduct of any government agency, defect in any law or administrative practice, suspected discriminatory practice, breach of the Leadership Code and to undertake mediation. Any person charged with a serious offence is entitled to a lawyer, and the Constitution requires the state to provide the ‘needy’ with legal aid.
