On 23 August 2024, Irish Penal Reform Trust (IPRT) submitted to the UN Committee on the Rights of the Child on its draft General Comment No. 27 on children’s rights to access to justice and effective remedies. This General Comment aims to clarify the terms, approaches and actions that States should take to implement the right of all children to access justice and effective remedies when their rights under the UN Convention on the Rights of the Child fail to be respected.
IPRT’s submission provides information to the Committee which is intended to inform its forthcoming general comment with particular reference to children and young people who have a parent or family member in prison.
The submission focussed on:
- Definitions and understanding of access to justice
- Proceedings and Structural Barriers to Access to Justice
- Enabling Factors and Strategies
The submission focuses primarily on criminal law proceedings involving a caregiver or parent who may be imprisoned. However, the issues that a child faces when a parent goes to prison are multi-faceted. Their right to access justice in relation to the many barriers they face in maintaining contact with a parent, visiting them in prison and the security settings they encounter are all relevant. Very often, even where a right exists to make a complaint to a Children’s Ombudsman or Commissioner, this often does not occur. More information and awareness-raising is necessary and building trust in such structures may increase the number of complaints made.
IPRT also contributed to a joint submission made by the Children of Prisoners Europe (COPE) Network, of which IPRT is a member.
In its submission, the COPE Network highlighted the unique and often overlooked challenges faced by children with a parent in prison in accessing justice, including exclusion from legal processes and a lack of awareness about their rights.
COPE’s submission advocates for a more inclusive and comprehensive approach to justice that recognises the specific needs of this group of children. It emphasises the importance of creating child-sensitive legal frameworks and environments, where children are informed about their rights, supported throughout legal proceedings, and given the opportunity to participate meaningfully in decisions that affect their lives. The submission draws attention to the need for holistic, cross-sectoral approaches that integrate legal, social, and psychological support systems for children and families to address the complex challenges they face.
By addressing these issues, COPE aims to ensure that children who have a parent in prison, who are often marginalised and invisible within the justice system, receive the recognition and support they need to access justice and effective remedies.
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