The Legal Aid Center (LAC), under the Bhutan National Legal Institute in collaboration with the Human Dignity Clinic of Jigme Singye Wangchuck School of Law, with the support of UNICEF, conducted a two-day sensitization program on the Framework and Toolkit on Access to Legal Aid for Children in Conflict with the Law (CICL) for the Royal Bhutan Police (RBP) during the pretrial stage. This initiative marks a significant step toward promoting child-friendly justice and ensuring that no child is left behind in accessing legal protection. The framework recognizes that children, due to their age and vulnerability, face unique challenges in navigating the justice system, often unable to understand their rights or communicate effectively with authorities. Therefore, it mandates early, prompt, and child-sensitive legal aid from the moment of arrest, ensuring the child is informed of their rights and can participate meaningfully in legal proceedings. It also ensures that legal assistance is provided, irrespective of the child’s financial capacity, when the interests of justice so require.
The document clearly defines the institutional responsibilities of key stakeholders, including the Royal Bhutan Police (RBP), the Legal Aid Center (LAC), Legal Aid Service Providers (LASPs), the PEMA Secretariat, the Office of the Attorney General, the Royal Court of Justice, the Bar Council of Bhutan, and the National Commission for Women and Children. It outlines a step-by-step process from arrest to referral, legal representation, consultation, detention review, and evaluation of non-custodial measures. This ensures that children receive timely support and are not subjected to arbitrary detention or coercive investigation practices.
Importantly, the framework also calls for the use of child-friendly language and communication, confidential and private legal consultations, and regular monitoring and reporting mechanisms to uphold professional standards and safeguard the best interests of the child. Police are instructed to act as the first point of intervention and must inform the child and their guardians of their right to legal aid at the earliest opportunity. The LAC is expected to respond within 24 hours by assigning a trained Jabmi (lawyer) to represent the child and ensure meaningful engagement with the legal system.
This toolkit is deeply rooted in both Bhutan’s national legal framework and international child protection instruments, including the Convention on the Rights of the Child (CRC) and the UN Guidelines on Child-Friendly Legal Aid. It also includes procedures for diversion and rehabilitation, reflecting a restorative approach that focuses on reintegration rather than punishment.
With this framework, Bhutan is reaffirming its strong commitment to building an inclusive and compassionate justice system for children, ensuring that every child, regardless of their background or circumstances, is treated with dignity, fairness, and humanity from the very first encounter with the law. This is not just a legal obligation, but a moral imperative to protect the future of our society.