The Human Rights Commission has issued a statement clarifying its legal challenge to the Government on securing proper representation for children in court.

The commission’s intent is “not a punitive measure”, the statement said, but aimed at prompting a declaration on the Government’s responsibility to appoint litigation guardians for children coming before the courts.

The HRC was following a September 11 article in The Royal Gazette on a court proceeding, initiated by three children and supported by the commission, against the Family Court, the Minister of Social Development and Sports, and the Director of the Department of Child and Family Services.

The minors cannot be identified for legal reasons.

The statement continues:

“The HRC is responsible for the promotion of, and compliance with legislation aimed at protecting rights. Our legal action is not in pursuit of damages or any punitive measure against the government. We have joined three Plaintiffs (all children) who are asking for the Supreme Court to clarify that S. 35 (1) of the Children’s Act 1998 obligates the family courts and the government to provide for children to be appointed their own representation in court in the vast majority of cases.

“S. 35 (1) of the Children’s Act 1998 states ‘For the purpose of any specified proceedings, the court shall appoint a litigation guardian for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests’. [emphasis our own].

“The presence of a litigation guardian who represents a child’s interest before the courts greatly assists with ensuring that a child involved in proceedings before the court is informed as to the nature of the proceedings and that their rights are advocated for, advanced and protected throughout the process.

“The lack of enforcement of S. 35 (1) is a longstanding matter that was brought to the attention of the previous administration for immediate action. Thus, this matter is a continuation of our urgent aim to seek the enforcement of the current law that protects children’s rights.

“For more information on this process, or any related matters, please contact the Human Rights Commission at 295-5859 or e-mail humanrights@gov.bm.”