ABSTRACT
Among the Convention's most important provisions are Article 5, which protects the right to liberty, and Article 6, which guarantees the right to a fair trial. The Commission's opinion as to the importance to be attached to parental consent to the detention also differed from that of the Court. In particular, it considered that parental consent could not be decisive as to whether the boy's detention fell within the scope of Article 5. Article 6 does not recognise specifically the importance of protecting the rights of children during criminal proceedings or any alternative procedure. Dissenting members of the Commission expressed strong concern about the inconsistency with Article 6 of the Dutch juvenile justice system. Mr Trechsel stressed the importance of building the confidence of a minor before the courts by having the same judge make the final determination on his/her case, as has been with the case from the outset.
