Justice actors in Palestine sign MoU to ensure early legal representation for Juveniles

The MoU ensures that children are promptly informed of their right to legal counsel and psychological support and are accompanied by qualified legal professionals and child protection counsellors from their first contact with law enforcement. This commitment is aligned with Article 40 of the Convention on the Rights of the Child (CRC), which guarantees the right of every child alleged as, accused of, or recognized as having infringed the penal law to be informed promptly and directly of the charges, and to have legal or other appropriate assistance. It also reflects the guidance set out in CRC General Comment No. 10 (2007) on children’s rights in child justice, which emphasizes the importance of ensuring legal safeguards and psychosocial support from the earliest stages of contact with the justice system to uphold the child’s best interests and prevent secondary victimization.

“Ensuring that every child has access to a lawyer from the very beginning of their interaction with the justice system is not only a legal safeguard, but also a moral imperative,” said Karin Limdal, Head of Mission, EUPOL COPPS. “This agreement sets a strong foundation for accountability and due process. It’s considered a big milestone toward implementing the right to early legal representation for all suspects in Palestine. EUPOL COPPS believes this fundamental right is essential for strengthening the justice system and upholding fair trial guarantees.”

The agreement outlines the responsibilities of each institution to ensure that both legal and psychosocial support are available from the outset. It stipulates that children shall not be questioned or asked to provide a statement before the arrival of a lawyer, except in limited, urgent cases.

Under the MoU, child protection counsellors from the Ministry of Social Development will be engaged during the early phases of legal procedures to provide psychosocial support and help guide children and their families through the process. The Palestinian Bar Association will ensure the timely assignment of legal representation, while the Public Prosecution will coordinate and oversee the implementation of the agreement.

The agreement also outlines mechanisms for documentation, inter-agency coordination, and training of relevant professionals, helping to ensure consistent and rights-based practices across the justice and child protection sectors.

Supported by EUPOL COPPS and the Sawasya III Joint Programme through UNICEF, the signing of this MoU marks a key milestone in justice reform efforts in Palestine. Grounded in national law and aligned with international human rights obligations, it aims to uphold the rights of the most vulnerable — children — from the outset of legal proceedings. 

“This agreement is a major step forward in reinforcing legal safeguards for children and ensuring that no child goes through the justice system alone. We affirm our strongest belief that children should be protected by restorative justice and alternative to detention mechanisms,” said Simon Ridley, the Sawasya Joint Programme Manager. “It reflects the collective commitment of national institutions to uphold the best interests of children and to guarantee their right to legal protection at all stages of the justice process.”