The Marangopoulos Foundation for Human Rights welcomes an important step towards strengthening the effective participation and representation of children before the European Court of Human Rights.

On 7 September 2026, the European Court of Human Rights adopted amendments to Rules 36 and 44 of the Rules of Court, introducing a mechanism for the appointment of an independent representative for a child in proceedings before the Court. The amendments will enter into force on 25 March 2027.

Under the new Rule 36 § 3bis, once an application has been communicated and where special circumstances so warrant, the President of the Chamber may request the respondent Government, or the Government of another Contracting Party concerned, to ensure the appointment of an independent representative for a child applicant by a court, another competent domestic authority or a Bar Association, in accordance with the relevant domestic procedure. The amended Rule 44 extends this possibility, exceptionally, to children invited or granted leave to intervene as third parties.  

Effective access to justice for children requires more than their formal presence in proceedings. It requires appropriate safeguards to ensure that they are effectively and independently represented, particularly where conflicts of interest or other circumstances may prevent this from being achieved through ordinary representation arrangements.

The amendments therefore constitute a meaningful addition to the procedural safeguards available to children before the Court. Their practical implementation will be particularly important, and we look forward to the forthcoming Practice Direction, which will further define their scope and modalities. 

Strengthening children’s access to justice ultimately means providing them with a meaningful opportunity to have their voices heard, enabling them to participate effectively in proceedings affecting their rights, and ensuring that the procedural safeguards necessary to protect those rights are in place.