This right is essential for all suspects, and the reasons for its necessity are particularly glaring in the case of child suspects.

The Implementing Rules make clear that children shall only "be investigated or their statements secured in the presence of legal counsel" and that the arresting officer, prosecutor or judge shall "ensure that the youth is represented by counsel before proceeding with the investigation or trial."

Experience in many countries has shown that prompt access to family, visitors and legal counsel is very important in both preventing torture and ill-treatment and in facilitating reporting and prosecution of torture or ill-treatment should it occur.

The United Nations Convention on the Rights of the Child was adopted in 1989. By the end of 1997 it had been ratified by all countries except Somalia and the United States of America, although several countries have lodged reservations under articles 37 and 40 which deal specifically with juvenile justice. The Convention proclaims the rights which belong to every child without exception. It sets out to ensure that the administration of juvenile justice is carried out in the best interests of the child. The Convention defines all individuals below the age of 18 years as children, ''unless under the law applicable to the child, majority is attained earlier (Article 1).  Read more

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15. Legal counsel, parents and guardians

15.1. Throughout the proceedings the juvenile shall have the right to be represented by a legal adviser or to apply for free legal aid where there is provision for such aid in the country.

15.2. The parents or the guardian shall be entitled to participate in the proceedings and may be required by the competent authority to attend them in the interest of the juvenile. They may, however, be denied participation by the competent authority if there are reasons to assume that such exclusion is necessary in the interest of the juvenile.

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VI. LEGISLATION AND JUVENILE JUSTICE ADMINISTRATION
57. Consideration should be given to the establishment of an office of ombudsman or similar independent body, which would ensure that the status, rights and interests of young persons are upheld and that proper referral to available services is made. The ombudsman or other body designated would also supervise the implementation of the Riyadh Guidelines, the Beijing Rules and the Rules for the Protection of Juveniles Deprived of their Liberty. The ombudsman or other body would, at regular intervals, publish a report on the progress made and on the difficulties encountered in the implementation of the instrument. Child advocacy services should also be established.

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III.  JUVENILES UNDER ARREST OR AWAITING TRIAL
(a)  Juveniles should have the right of legal counsel and be enabled to apply for free legal aid, where such aid is available, and to communicate regularly with their legal advisers.  Privacy and confidentiality shall be ensured for such communications;

IV.  THE MANAGEMENT OF JUVENILE FACILITIES
J.  Contacts with the wider community
60.  Every juvenile should have the right to receive regular and frequent visits, in principle once a week and not less than once a month, in circumstances that respect the need of the juvenile for privacy, contact and unrestricted communication with the family and the defence counsel.

16. Priority should be given to setting up agencies and programmes to provide legal and other assistance to children, if needed free of charge, such as interpretation services, and, in particular, to ensure that the right of every child to have access to such assistance from the moment that the child is detained is respected in practice.