Children's Right to Effectively Participate in Justice Proceedings in a Language They Understand
Research Report
Highlights
Globally, it is estimated that most indigenous peoples (70.5 per cent) live in the East Asia and Pacific region. In Asia alone, there are more than 260 million indigenous people who speak 2,000 distinct languages. The East Asia and Pacific region is home to more than one-quarter – around 580 million - of the world’s children.
Children from cultural and linguistic minorities and indigenous groups are often left behind in legal systems. These children are often deprived of access to justice, because they are unable to participate in justice proceedings in a language they fully understand. When children do not understand the language of the legal system, they cannot effectively communicate with their lawyers, are unable to understand their rights, and the legal proceedings and decisions that affect them.
Given the significant linguistic and ethnic diversity in the region, this report aims to highlight the understudied issue of lack of access to justice for children who do not speak the language used in their country’s legal system. The report provides a case study of Timor Leste, a country which exemplifies how language barriers can impact children’s access to justice in multiple stages of the legal process.
The report recommends key actions to improve access to justice for children, including educating them about their legal system and rights, providing language accessibility through civil society organizations, advocating for children's rights by lawyers, involving inter-governmental and international organizations, and ensuring implementation of laws and language proficiency in justice proceedings by states. These actions aim to enhance children's understanding, provide support, and promote inclusive and fair access to justice for all.
