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(Guidelines). The main objective of these Guidelines is to “set forth good practice on
the consensus of contemporary knowledge and relevant international and regional
norms, standards and principles.” These Guidelines provide a useful guide to the
understanding of the rights of the child to have his or her best interests given primary
consideration in all matters concerning the child.
They provide that child
complainants and witnesses should receive special protection and assistance that they
need in order to prevent hardship and trauma that may arise from their participation in
the criminal justice system.75 In particular, in the context of the best interests of the
child, the Guidelines set forth the following principle:
“(c)
While the rights of accused and convicted offenders should be safeguarded,
every child has the right to have his or her best interests given primary
consideration. This includes the right to protection and to a chance for
harmonious development:
(i)
Protection. Every child has the right to life and survival and
to be shielded from any form of hardship, abuse or neglect,
including physical, psychological, mental and emotional
abuse and neglect;
(ii)
Harmonious development. Every child has the right to a
chance for harmonious development and to a standard of
living adequate for physical, mental, spiritual, moral and
social growth.
In the case of a child who has been
traumatized, every step should be taken to enable the child to
enjoy healthy development”.76
75
These Guidelines include the right of child victims and witnesses to be treated with dignity and compassion
(para 10); the right to be informed of the availability of protective measures (para 19); the right to be protected
from hardship during the justice process (para 29), including the use of child sensitive procedures, modified
court environments to take the child victim into consideration (para 30(d)); and in giving evidence out of sight
of the alleged perpetrator (para 31(b)).
76
Para 8(c)(i) and (ii) of the Guidelines.
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