This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
Although it has not been signed or ratified by Kosovo, the CRC has been incorporated in national law by the Constitution of Kosovo. It can be directly applied by the national court and takes precedence over conflicting provisions of national law. Generally, civil cases on behalf of children must be brought by a legal representative, however, children victims of domestic violence can petition the court directly for an order of protection. Complaints of human rights violations by public authorities may be directed to the Ombudsman. Cases in the Constitutional Court are initiated through a ‘referral process’ which must be approved by a Review Panel before the case is admitted. Finally, legal aid is available based on an assessment of the financial position of the applicant.