Report and Recommendations - Scottish Government

he/she has a specific right to “prompt access to legal and other appropriateassistance, as well as the right to challenge the legality of the deprivation ofhis or her liberty before a court or other competent, independent and impartialauthority, and to obtain a prompt decision on any such action” 24 . Fifthly, ifhe/she is alleged to have committed an offence, the child has the right: “To beinformed promptly and directly of the charges against him or her, and, ifappropriate, through his or her parents or legal guardians, and to have legal orother appropriate assistance in the preparation and presentation of his or herdefence” 25 .6.3.16 The Council of Europe has produced Guidelines on “child friendly justice” 26which take into account the UN Convention and several other internationalinstruments, notably the UN Standard Minimum Rules for the Administrationof Juvenile Justice (the “Beijing Rules” 1985) and the UN Rules for theProtection of Juveniles Deprived of their Liberty (the “Havana Rules” 1990).Again, a child is defined as a person under 18 years of age 27 and in, allproceedings, the child’s best interests are a primary consideration 28 . Stress isalso put on the child’s right to be informed of his/her rights and to beconsulted and heard 29 . Specifically, it is provided that “from their firstinvolvement with the justice system” children and their parents are to bepromptly and adequately informed of their rights and of any charges24 Article 37.125 Article 40.126 17 November 201027 Article II.a28 Article III.B.129 Article III.A.1212