Article 65 (General Comment No.

24 on Children’s Rights in The Child Justice

System)
“Free assistance of an interpreter (art. 40 (2) (b) (vi))
65.States parties should provide adequate and effective assistance by well-trained
professionals to children who experience communication barriers.”

ARTICLE 40 (CONVENTION ON THE RIGHTS OF THE CHILD)

“2. To this end, and having regard to the relevant provisions of international instruments,
States Parties shall, in particular, ensure that:
(vi) To have the free assistance of an interpreter if the child cannot understand or speak
the language used;”

1. CONTENT
The content of Article 65 in General Comment No. 24 on Children's Rights in the Child
Justice System states that children who experience communication barriers must be
effectively assisted by well-trained experts.
In the beginning, we need to identify what the communication barriers are. Regulated in
point (vi), Clause 2, Article 40 of the Convention on the Rights of the Child, legislators
determine that communication barriers are struggles with understanding and speaking the
language used by children. Being accused may cause children to encounter psychological
issues that have not yet fully developed at their age, or because they may not utilize the
language being used. It is evident that a child must be able to follow their trial and
understand what’s going on. They must also be able to express their views, and the judge
must properly take their views into account. Therefore, it is crucial that juvenile justice
proceedings need professionals being well-trained to reinforce children’s expression.
This law article ensures that the rights of children are defended and implemented
effectively in order to help them overcome barriers. On the other hand, it also enables
children to reintegrate quickly into society.

2. LEGAL ISSUE
 Is the right to defense of juveniles facing communication barriers guaranteed?

3. LINKING TO VIETNAMESE LAW

Juvenile justice proceedings are regulated in Chapter XXVIII of CPC 2015
 Advantages: There are regulations regarding legal assistance for juvenile
offenders, such as the requirement that the person conducting the lawsuit must be
a professional (Article 415 CPC 2015); when participating in a lawsuit, there must
be a representative and a person in the education field of the place where the
juvenile learns and lives (Article 420 CPC 2015); ....
 Disadvantages: Chapter XXVIII of the Criminal Procedure Code 2015 provides
only common regulations related to juvenile justice without delving into the
specific rights of juveniles who are being accused. This lack of detail can lead to
inadequate support for juveniles who are struggling to understand and utilize the
legal system. In contrast, Article 65 of General Comment No. 24 on Children's
Rights in the Child Justice System emphasizes the importance of effectively
assisting children who experience communication barriers, and provides
guidelines for ensuring that well-trained professionals are available to support
them. By prioritizing the rights and needs of juveniles, we can ensure that they
receive the support they need to use effectively the law and reintegrate quickly
into society.

4. CONNECTING TO FOREIGN LAW

 In Canadian law, The Canadian Charter of Rights and Freedoms rules at Section
14 that: “14. A party or witness in any proceedings who does not understand or
speak the language in which the proceedings are conducted or who is deaf has the
right to the assistance of an interpreter.”.
 Similarly, Human Rights Act 1998 in UK states at point (e), Clause 3, Article 6
that: “3. Everyone charged with a criminal offence has the following minimum
rights: (e). to have the free assistance of an interpreter if he cannot understand or
speak the language used in court.”.
 Recommendation: The laws in Canada and the UK partially demonstrate that
developed countries have been and are applying General Comment No.24 on
Children’s Rights in The Child Justice System, which includes Article 65. They
ensure that the accused individuals, especially juveniles, can keep track of the
proceedings against them and have adequately the ability in order to express their
view accurately. Therefore, Vietnam should learn from others in updating and
timely applying human rights in criminal justice, especially for juvenile offenders,
to ensure their basic rights are protected and implemented.