different stages of the proceedings; (iv) the right to be assisted without charge by a translator
or interpreter; (v) effective access to communication with consular authorities and to consular
assistance; (vi) the right to be assisted by a legal representative and to communicate freely
with the representative; (vii) the obligation to appoint a guardian in the case of
unaccompanied or separated children; (viii) the right that the decision adopted has assessed
the child’s best interest and is duly reasoned; (ix) the right to appeal the decision before a
higher court with suspensive effect, and (x) reasonable time for the duration of the
proceedings. 92
67.
On this point in particular, the Court recalls that all migrants have the right to be
notified of proceedings against them because, otherwise, it would not be possible to guarantee
their right to defend themselves. In the case of child migrants, the Court has stipulated that
this right extends to every kind of procedure that involves them. For this reason, trained
personnel are needed to communicate to the child, according to her or his cognitive
development, that her or his case is being subjected to administrative or judicial
determination. This will ensure that the child can exercise the right to defense; in the sense
that the child can understand the proceedings taking place and can contribute with her or his
opinions as deemed pertinent. 93 In addition, this Court has already emphasized the
importance of serving notice of the final decision so that the right to appeal the decision may
be exercised. 94 In keeping with the above, and in order to guarantee the right to appeal an
unfavorable decision effectively, decisions on entry, permanence or expulsion must be duly
notified, which also reinforces the right for the decision to be duly reasoned. 95
68.
Furthermore, the Court has stated that it is essential that all decisions taken in
migratory proceedings involving children must be duly justified, that is to say, are
accompanied by the exteriorization of the reasoned justification that allows conclusions to be
reached. 96 The duty to state the reasons for a decision is one of the “due guarantees” to
safeguard the right to due process. 97 The Court recalls that the obligation to provide the
reasons for a decision is a guarantee related to the proper administration of justice, which
protects the right of the individual to be tried for the causes established by law, and accords
credibility to juridical decisions in a democratic society. 98 Accordingly, the decisions adopted
by the domestic organs that may affect human rights must be duly reasoned because,
otherwise, they would be arbitrary. 99 Accordingly, the reasoning of a decision and of certain
administrative acts allows the facts, reasons and laws on which the authority based its
92
Cf. Advisory Opinion OC-21/14, supra, para. 116.
93
Cf. Advisory Opinion OC-21/14, supra, para. 117, and Committee on the Rights of the Child, General
Comment No. 6: Treatment of unaccompanied and separated children outside their country of origin, UN Doc.
CRC/GC/2005/6, September 1, 2005, paras. 40 to 47 and 82.
94
Cf. Advisory Opinion OC-21/14, supra, para. 118.
Cf. Case of Nadege Dorzema et al. v. Dominican Republic, supra, para. 175, and Advisory Opinion OC-21/14,
supra, para. 119.
95
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador, supra, para. 107, and Advisory Opinion OC21/14, supra, para. 137.
96
Cf. Case of López Mendoza v. Venezuela. Merits, reparations and costs. Judgment of September 1, 2011.
Series C No. 233, para. 141, and Case of Manuela et al. v. El Salvador, supra, para. 148.
97
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 77, and Advisory
Opinion OC-21/14, supra, para. 137.
98
99
Cf. Case of Yatama v. Nicaragua, supra, para. 152, and Advisory Opinion OC-21/14, supra, para. 137.
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