A/73/178/Rev.1
countries that offer the possibility of challenging the decision or the outcome of age
assessment. 66
62. The language barrier, which prevents children from maintaining smooth
communication with operators or officials, is also an important element. The African
Charter on the Rights and Welfare of the Child establishes judicial safeguards for
refugee children, asylum seekers, internally displaced persons and persons accused
of committing crimes, noting the obligations of States to provide an interpreter and
legal assistance and to explain the procedure in a language that the child understands.
When these safeguards are provided for children and adolescents, they are able to
gain a clear understanding of their situation, of the help they need and how to obtain
it. For its part, the judicial or administrative body can clearly identify the legal issue
affecting the child and thus provide timely and effective care and advice.
63. Organizations such as the United Nations Children’s Fund (UNICEF) provide
tailored assistance to unaccompanied migrant children through information,
interpretation, legal advice, social support and family tracing and reunification. For
example, in Bulgaria, UNICEF noted that unaccompanied child and adolescent
migrants were being detained owing to a lack of clear procedures for identifying and
assessing the child’s best interests, interpreters working with the police, cooperation
with the child protection system or availability of social services. The detention of
such children and adolescents in Bulgaria decreased significantly in 2017 after a
series of measures was adopted. These included the creation of temporary assistance
facilities for children and adolescents; the adoption of an effective mechanism for the
designation of a guardian and a procedure for determining the best interests of the
child; referral mechanisms; safe accommodation; and a legal reform prohibiting the
detention of unaccompanied children and adolescents and requiring their referral to
the child protection system for child protection measures to be taken, in compliance
with the applicable international norms and standards. 67
64. Another crucial element of access to justice is training judicial and
administrative officials and ensuring they acquire the necessary expertise with regard
to childhood. The right to due process cannot be effectively applied without an effort
to understand elements such as the progressive autonomy of children, their
understanding of the world and their non-verbal language, which require special tools
to be interpreted. In the inter-American system, the Inter-American Court of Human
Rights has ruled on the issue 68 and has adopted the Ibero-American Protocol for Legal
Action to improve access to justice for individuals and groups in vulnerable
situations, with special emphasis on justice with a gender perspective, of 2014.
2.
Migrant women
65. Migrant women have particular protection needs to ensure their effective access
to justice in view of the sex- and gender-based discrimination they experience: they
are less visible and less protected by virtue of their employment as domestic workers
and in the informal sector; they experience discrimination in access to family
reunification and naturalization programmes; and they are more likely than men to be
detained and criminalized for their migration status. 69 The Committee on the
Elimination of Discrimination against Women has noted that women workers have
__________________
66
Submission by ICJ/ECRE.
67
Submission by UNICEF Bulgaria.
Inter-American Court of Human Rights, Advisory Opinion 17/02 of 28 Augus t 2002 on the legal
status and human rights of children, and Advisory Opinion 21/14 of 19 August 2014 on the rights
and guarantees of children in the context of migration and/or in need of international protection.
Submission by IOM. Centro de los Derechos del Migrante collects data on wom en’s experiences
in connection with sexual harassment and abuse through its Migrant Women Project.
68
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