Children’s rights remedies under international human rights law: How to secure children’s rights compliant outcomes in access to justice?

Abstract

This article explores access to justice for children on the international stage, with a specific focus on the outcomes of remedies. It sheds light on the concept of effective remedies for children, which has to be examined through different lenses - the most relevant for the purposes of this discussion being whether remedies are in themselves respectful of the rights of the child and whether they meet the expectations of the child. On the basis of an analysis of access to justice for children under international human rights law and a comprehensive study of the remedies provided by the United Nations Committee on the Rights of the Child in its views between 2018 and 2022, this article identifies four critical elements that should be taken into account for remedies to be compliant with children’s rights. These four elements could be considered part of a framework for children’s rights remedies, which not only helps to conceptualise children’s rights remedies but also promotes their implementation in practice, both internationally and domestically.