International Children’s Rights Law: Complaints and Remedies

Abstract

When children’s rights are violated, where and how do they obtain solutions in international law? This chapter aims to answer these questions. It begins by clarifying that before taking a complaint to a regional or international body or court, the child or group of children, appropriately assisted, must first attempt to obtain redress at the country level. Before turning to the court, the assistance of NHRIs and children’s commissions should be sought. Where that fails, domestic courts are the next option, and the chapter considers children’s access to justice, the justiciability of their rights, and how these difficulties may affect their ability to exhaust domestic remedies. The chapter describes a range of international and regional complaint mechanisms. The rules and procedures for communications to treaty bodies are explained. The new procedure for communications to the Committee on the Rights of the Child is highlighted, and the first few cases that have been received are discussed. The chapter also explores the jurisprudence dealing with children that has been developed by other treaty bodies, including at the regional level. These provide insight into the remedies that have been provided by such bodies. The jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child shows a trend toward complex remedies that include specific action to be taken. Longer established mechanisms in the Inter-American and European systems have provided powerful rights redress, particularly in the case of the former, creative remedies to promote children’s rights.