Practices and gaps in legal aid systems for children in Belgium, France, Hungary, Romania and The Netherlands

Legal assistance for children in conflict with the law is a fundamental right.9 Good practices are evident (despite great differences between countries) across Europe proving the continuous commitment of states towards child-friendly justice, following the adoption of the Council of Europe Guidelines on Child-friendly Justice.10 However, the enormous available research – in Europe and globally – indicates that to fully achieve protection for all children in conflict with the law, one crucial challenge still remains. The Committee on the Rights of the Child expressed in §51 of its General Comment 24 its concerns that “children are provided less protection than international law guarantees for adults” and it “recommends that the States provide effective legal representation, free of charge, for all children who are facing criminal charges before judicial, administrative or other public authorities”, importantly emphasising that “child justice systems should not permit children to waive legal representation unless the decision to waive is made voluntarily and under impartial judicial supervision”.