This report, prepared by the Access to Justice Commission of the Federation of Bar Associations of Europe and updated in May 2025, provides a comparative analysis of the effectiveness of the right of minors to access justice, with particular attention to protective instruments in both civil and criminal proceedings. The document takes into account key legislative developments across member states, including the major reforms adopted in France with the Act of 7 February 2022 on child protection, and in Italy with the so-called Cartabia Reform (Legislative Decree No. 149/2022), fully implemented during 2023.
The report is structured in eight thematic sections covering the main areas in which minors may be involved in judicial proceedings:
- Access to justice for minors in civil matters under parental authority;
- Access to justice for minors under guardianship;
- Minors’ rights in cases of conflict with parents or guardian;
- The role of the child in matrimonial disputes between parents;
- Protection of the child during adoption proceedings;
- Criminal justice for minors;
- Special criminal consequences and protective and support measures for child offenders;
- The situation of children of incarcerated parents.
Adopting a rights-based approach, the report aims to promote common minimum standards to ensure the effective hearing of minors, independent legal representation, and the implementation of procedures that are accessible, understandable and effective for the children involved.
