Tonga ranks low in children’s access to justice [1]
Tuesday, February 23, 2016 - 17:57. Updated on Tuesday, February 23, 2016 - 18:18.
In a first global ranking on how effectively children can use the courts to defend their rights, Tonga was ranked 165 out 197 countries worldwide - a low standing attributed to not having a separate juvenile court or system for children and limited implementation of the Convention on the Rights of the Child.
The new report, 'Rights, Remedies and Representation', released on 15 Feburary 2016, by the Child Rights International Network (CRIN) had Tonga ranking lower than most Pacific Island countries included from Samoa to Fiji, Solomon Islands, Nauru, Vanuatu and Solomon Islands. The only Pacific Island that fell below Tonga's ranking was Tuvalu at 176.
Meanwhile, war torn countries like Syria, Serbia and Cameroon were ranked higher than Tonga, (although Syria was rated on its 2011 ranking).
States were ranked according to the extent to which countries legal systems effectively guaranteed children’s right to access justice. While, taking into account whether children can bring lawsuits when their rights are violated, the legal resources available to them, the practical considerations for taking legal action and whether international law on children’s rights is applied in national courts.
The report condensed findings from 197 country reports, researched with the support of hundreds of lawyers and NGOs, and is intended to help countries improve access to justice for children nationally.
Tonga
The report showed that Tonga ratified the UN Convention on the Rights of the Child (CRC) in 1995.
"CRC was implemented in national law in a limited way, and does not take precedence over national law and cannot be directly enforced in national courts through the Supreme Court has made reference to it in previous judgments. A child can only bring claims to the criminal court if they are the victims, otherwise a minor may only sue or defend a claim through a next friend."
The constitutionality of laws or administrative decisions can be challenged through judicial review.
Meanwhile, Tonga has no state funded legal aid system, separate juvenile court or system for children in conflict with the law. There is also no national human rights institution, although there is a Public Complaints Commissioner who receives and investigates public complaints about government departmetns.
Achieving access to justice for children is a work in process and this report represents a snapshot of the ways children’s rights are protected across the world.
CRIN Director Veronica Yates said while the report highlights many examples of systems poorly suited to protecting children’s rights, there are also plenty of people using the court to effectively advance children’s rights.
"Our ranking represents how well States allow children access to justice rather than how well their rights are enshrined. However, it is hard to ignore how many countries with deplorable human rights records are on the lower end of ranking for children’s access to justice," said the chairperson of the UN Committee on the Rights of the Child Benyam Dawit Mezmur.
"Child rights standards in international instruments do not mean much for the lived reality of children if they are not implemented. Particularly, if the fundamental rights of children are violated, it is critical that children or those acting on their behalf have the recourse, both in law and in practice to obtain a remedy to cease, prohibit and or compensate for the violation. I hope this study is only the beginning of a new shift in making access to justice for children, a priority that will enable other rights to be fulfilled."
Heading the list were Belgium, Portugal, with Kenya the only country outside Europe in the top ten. While at the bottom end are Equatorial Guinea, Occupied Palestine Territories and Somalia.
All rankings see : http://www.crin.org/en/access-justice-children-global-ranking [2]