FOR CHILDREN AND YOUNG PEOPLE
Understanding the justice system as a child
Did you know? Even children (less than 18 years old) sometimes have to speak to a judge or go to court.
This can happen if:
- You are accused of doing something that is against the law,
- You are a witness or victim of an event (for example a situation where somebody got hurt or something got damaged),
- A decision needs to be made about you (such as concerning your health, family, or safety).
These moments can be complicated, so it’s really important that you’re well supported.
You have the right to a lawyer
This means you can:
- Receive clear explanations about what’s happening,
- Have a lawyer (someone who knows the law very well and is there to defend you),
- If you disagree with a decision by a court, government body, or another authority, you may be able to appeal or request a review.
In Luxembourg, it’s free for children!
You don’t need to have money to get a lawyer. No matter how much your parents earn, you still have the right to a lawyer for free. It’s the law!
How to request a lawyer?
1. You need to fill in a form (an adult can help you).
2. Then, you need to send it to the bar association (that’s the group of lawyers) where you live.
📍 If you live in one of these cantons:
Capellen, Esch-sur-Alzette, Grevenmacher, Luxembourg, Mersch or Remich.
your case falls under the jurisdiction of the District Court of Luxembourg
Clervaux, Diekirch,
Echternach, Redange,
Vianden or Wiltz.
your case falls under the jurisdiction of the District Court of Diekirch
You can choose your lawyer! There is a special list of lawyers who often work with children and have received training for it.
FOR ADULTS
Children’s access to justice
Children may be involved in the justice system for many reasons:
- As children in conflict with the law,
- As victims or witnesses,
- As parties in family, civil or administrative matters (such as healthcare, social security, or international protection).
Decisions made in these proceedings can have a lasting impact on their lives. It is therefore essential that children receive appropriate legal assistance.
The right to legal aid
Access to justice is a fundamental right. Every child must be able to:
- Receive clear and understandable legal information and advice,
- Have access to a lawyer and defend their rights with the help of that lawyer,
- Access independent appeals mechanisms.
Free legal aid in Luxembourg
Did you know that in Luxembourg, every child has the right to a lawyer free of charge, regardless of financial means?
According to the law, every child has the “right to full legal aid”, which is “granted regardless of the financial situation of the parents or persons living with them.”
Prior to 2023, when a child required legal representation and was granted legal aid, the State could request that the parents cover the lawyer’s fees and expenses. However, following the law of August 7, 2023, this possibility for cost recovery has been eliminated.
How can a child obtain a free lawyer?
- By filling out a legal aid application using the available form.
- Sending the form to the bar association of the child’s place of residence.
In case of questions, you can send an email to:
- Luxembourg Bar Association : aj@barreau.lu
- Diekirch Bar Association : info.diekirch@barreau.lu
The Luxembourg Bar Association publishes a list of child-focused lawyers. It’s important to remember that every person, child or adult, has the freedom to choose their lawyer. This special list was created by the Bar to allow the public—including children—to contact lawyers who are experienced in working with children and have received dedicated training.
European norms on child-friendly justice
The norms and standards of the Council of Europe concerning child-friendly justice affirm that:
37. Children should have the right to their own legal counsel and representation, in their own name, in proceedings where there is, or could be, a conflict of interest between the child and the parents or other involved parties.
38. Children should have access to free legal aid, under the same conditions or under more lenient conditions than adults.
39. Lawyers representing children should be trained in a knowledgeable on children’s rights and relates issues, receive ongoing and in-depth training and be capable of communicating with children at their level of understanding.
40. Children should be regarded as full clients with their own rights, and the lawyers representing them should give priority to the child’s view.
41. Lawyers should provide the child with all necessary information and explanations about the possible consequences of the child’s view and/or opinions.
42. In cases where there are conflicting interests between the parents and children, the competent authority should appoint either a guardian ad litem or another independent representative to represent the views and interests of the child.
43. Adequate representation and the right to be represented independently from the parents should be guaranteed, especially in proceedings where the parents, members of the family or caregivers are the alleged offenders.
Key figures: Children’s access to justice in Europe
- 2.5 million children are involved in legal proceedings every year in Europe.
- 66% of these children do not receive sufficient information about their rights or the procedures.
Discover how justice can be made more child-friendly by watching these insightful videos from the European Union Agency for Fundamental Rights (FRA).
Spotlight: Children in conflict with the law
Legal aid is a minimum safeguard for children who are suspected or accused of having committed a criminal offence.
Key legal texts and relevant court decisions:
- Convention on the Rights of the Child, article 40 specifies that each child has the right:
- To receive legal assistance in preparing and presenting one’s defence.
- To benefit from legal representation throughout the entire proceedings.
- The Beijing Rules, or the United Nations Standard Minimum Rules for the Administration of Juvenile Justice.
- European Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings (applicable to both adults and children)
- European Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings (applicable to adults and children).
- European Directive 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.
- Salduz v. Turkey, European Court of Human Rights (ECtHR), judgment of 27/11/2008, no. 36391/02, see in particular para. 55: every suspect has the right to the assistance of a lawyer from the first police interrogation.
- Martin v. Estonia, European Court of Human Rights (ECtHR), judgment of 30/05/2013, no. 35985/09, see in particular para. 92: the specificities of children’s participation and defence in criminal proceedings.
- Case C-603/22, Court of Justice of the European Union (CJEU), judgment of 5 September 2024, concerning procedural safeguards for children who are suspects or accused in criminal proceedings. The CJEU emphasized, among other things, that children must receive information about their procedural rights in a language that is sufficiently simple and accessible to enable them to genuinely understand it—before they are questioned by the police or any other law enforcement or judicial authority. These rights include, in particular: the right to be assisted by a lawyer, the right for the holder of parental responsibility to also be informed of these rights and the right of that person to accompany the child during stages of the procedure other than court hearings.
This campaign on legal aid was carried out with the financial support of the Ministry of Justice.
