PARAGRAPH 64

1. Analyzing the content

It is evident that language is fundamental in the legal system and Policymakers, lawyers,
and judges all rely on language to create, advise, and interpret laws. Understanding legal
language is crucial for effective participation in justice proceedings and access to justice.
Without comprehension of the legal system's language, children cannot communicate
with their lawyers, understand their rights, or comprehend legal decisions. In addition,
indigenous children and linguistic minorities face even greater challenges due to a lack of
qualified interpreters. The right to an interpreter is essential for a fair trial and proper
function of the justice system. So children must have access to a free interpreter
throughout the entire juvenile justice procedure. It is important that interpreters have
experience working with children to ensure accurate understanding. The International
Covenant on Civil and Political Rights guarantees the right to understand the nature of
the charges and to have an interpreter if necessary. The Convention on the Rights of the
Child also affirms the right to an interpreter for children accused of criminal offenses.
Therefore, In non-criminal proceedings, interpreter services should be available free of
charge to indigenous children, and for other children, interpreters are necessary to ensure
their right to express their views fully and have their best interests considered.

2. Comparing with Vietnamese law

Although there are no regulations on free interpreters for children, regulations on
interpreters do exist. The institution of "interpreters and translators" was established early
in criminal proceedings in 1988. According to the current criminal procedure law, the
spoken and written language used in criminal proceedings is Vietnamese. Participants in
the proceedings have the right to use their own ethnic language. In such cases, an
interpreter is required. This includes foreigners, ethnic minorities, and people with
disabilities. The CPC 2015 introduced participants in the proceedings as translators and
clarified the legal standing of interpreters. An interpreter or translator is a person capable
of interpreting and translating when participants cannot use Vietnamese or when
procedural documents are not presented in Vietnamese. In reality, there is a lack of clear
and specific regulations on the conditions and responsibilities of interpreters, leading to
inefficiency and inconsistent practices. Therefore, participants in the proceedings have
the right to use their own language and script, which sometimes requires a native
language interpreter. Interpreters play an important role in ensuring the objectivity and
legality of criminal proceedings. The current criminal procedure law recognizes
interpreters as participants in criminal proceedings, separate from the person conducting
the proceedings. The person conducting the proceedings is responsible for the proof and
cannot also serve as an interpreter to ensure objectivity. Therefore, in cases where an
interpreter is needed, it must be someone other than the person conducting the
proceedings.

3. Recommendation for Vietnamese law

The Children's Law incorporates many child protection regulations outlined in the
Convention. However, due to the service being limited to children under 16, this group of
children and adolescents has not benefited as much as others who have received free legal
assistance. To ensure that children can fully enjoy the same rights as adults, it is
necessary to establish regulations. The availability of a free interpreter is crucial, as not
everyone can understand the language used in legal proceedings, especially children.
Consider amending the law and supplementing the Criminal Procedure Code to include
separate regulations on providing free interpreters for offenders.

Paragraph 65 (General Comment No.24 on Children’s Rights in The Child Justice

System)
“Free assistance of an interpreter (art. 40 (2) (b) (vi))
65.States parties should provide adequate and effective assistance by well-trained
professionals to children who experience communication barriers.”

ARTICLE 40 (CONVENTION ON THE RIGHTS OF THE CHILD)

“2. To this end, and having regard to the relevant provisions of international instruments,
States Parties shall, in particular, ensure that:
(vi) To have the free assistance of an interpreter if the child cannot understand or speak
the language used;”

1. Analyzing contents
The content of Paragraph 65 states that children experiencing communication barriers
must be effectively assisted by well-trained experts.
In the beginning, we need to identify what the communication barriers are. Regulated in
point (vi), Clause 2, Article 40 of the Convention on the Rights of the Child, legislators
determine that communication barriers are struggles with understanding and speaking the
language used by children. Being accused may cause children to encounter psychological
issues that have not yet fully developed at their age, or because they may not utilize the
language being used. It is evident that a child must be able to follow their trial and
understand what’s going on. They must also be able to express their views, and the judge
must properly take their views into account. Therefore, it is crucial that juvenile justice
proceedings need professionals being well-trained to reinforce children’s expression.
This law article ensures that the rights of children are defended and implemented
effectively in order to help them overcome barriers. On the other hand, it also enables
children to reintegrate quickly into society.

2. Comparing to Vietnamese Law

a. With international Law
 In Canadian law, The Canadian Charter of Rights and Freedoms rules at Section
14 that: “14. A party or witness in any proceedings who does not understand or
speak the language in which the proceedings are conducted or who is deaf has the
right to the assistance of an interpreter.”.
 Similarly, Human Rights Act 1998 in UK states at point (e), Clause 3, Article 6
that: “3. Everyone charged with a criminal offence has the following minimum
rights: (e). to have the free assistance of an interpreter if he cannot understand or
speak the language used in court.”.
 Clearly, Canada and the UK have made significant efforts to ensure the protection
of the rights of accused individuals, particularly juveniles, by incorporating the
principles outlined in Paragraph 65 and Article 40 into their national laws. By
doing so, they have provided a framework that allows accused individuals to gain
a comprehensive understanding of their case and effectively express their
perspectives. This not only helps overcome communication barriers but also
enables judges to have a holistic view of the situation, which can greatly inform
their final verdict.
b. Recommendations for Vietnamese Law.
Juvenile justice proceedings are regulated in Chapter XXVIII of CPC 2015
 Overall, there are regulations regarding legal assistance for juvenile offenders,
such as the requirement that the person conducting the lawsuit must be a
professional (Article 415 CPC 2015); when participating in a lawsuit, there must
be a representative and a person in the education field of the place where the
juvenile learns and lives (Article 420 CPC 2015); ....
 However, it remains disadvantages that Chapter XXVIII of the CPC provides only
common regulations related to juvenile justice without delving into the specific
rights of juveniles who are being accused. This lack of detail can lead to
inadequate support for juveniles who are struggling to understand and utilize the
 legal system. In contrast, Paragraph 65 emphasizes the importance of effectively
assisting children who experience communication barriers, and provides
guidelines for ensuring that well-trained professionals are available to support
them. By prioritizing the rights and needs of juveniles, we can ensure that they
receive the support they need to use effectively.

 The Canadian and the UK law partially demonstrate that developed countries have
been and are applying Paragraph 65. They ensure that the accused individuals,
especially juveniles, can keep track of the proceedings against them and have
adequately the ability in order to express their view accurately. Comparing to the
laws of developed countries around the world, we can see that Vietnamese laws
are still slow in updating and issuing new legal regulations, especially regarding
human rights in general and children's rights in particular. Meanwhile, Vietnam is
still a developing country, and it is crucial to protect the legal rights of juvenile
justice by issuing more detailed regulations, thereby helping young people
reintegrate into society sooner.